Faegre Baker Daniels

Indiana Tax Court Serves a Sales Tax Exemption To Restaurant Chain for Electricity Used to Warm Food

Electricity used by Qdoba Mexican Restaurants to keep food warm before final preparation and sale was found exempt from sales tax by the Indiana Tax Court. On June 23, 2015, the Indiana Tax Court in Aztec Partners, LLC v…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Taxation

Free Patient Parking May Trigger False Claims Act Violation

Who knew? When you park for free at your doctor’s office, you may be a pawn in a scheme to violate the Anti-Kickback Statute, the Stark Law, and the False Claims Act. It’s enough to make you sick…more
| Health, Government Contracting

EPA Releases Proposal to Regulate Methane From Oil & Gas Industries

On August 18, 2015, the U.S. Environmental Protection Agency (EPA) released the first-ever proposal aimed at regulating methane emissions, as well as volatile organic compounds (VOC), from the oil and gas industry. EPA is taking…more
| Energy & Utilities, Environmental Law

D.C. Circuit Reaffirms That Portions of Dodd-Frank Conflict Minerals Rules Violate First Amendment

On August 18, 2015, the United States Court of Appeals for the District of Columbia Circuit reaffirmed its ruling in National Association of Manufacturers v. Securities and Exchange Commission that portions of the SEC’s conflict…more
| Business Organizations, Communications & Media Law, Constitutional Law, Energy & Utilities, Securities Law

NLRB Declines Jurisdiction Over Northwestern Football Players — Punts to NCAA to Address Athletes' Grievances

On January 28, 2014, student-athlete members of the Northwestern University football team filed a representation petition with the National Labor Relations Board (NLRB) asserting they are “employees” of the university entitled…more
| Art, Entertainment, & Sports Law, Education, Labor & Employment Law

Fishers Revises List of Permitted Building Materials for Commercial/Industrial Buildings

The City of Fishers approved this week amendments to the City’s Unified Development Ordinance that added four new permitted exterior building materials to its list of permitted exterior materials for commercial and industrial…more
| Construction Law, Real Estate - Commercial, Zoning, Planning & Land Use

A First Step on a Long Road: CMS Begins Implementation of ACA Transparency Standards

On August 11, 2015, the Centers for Medicare and Medicaid Services (CMS) posted for public comment notice of a new required data collection for health insurers. Its purpose is to begin the implementation of section 1311 of the…more
| Health, Insurance

Why Argentina's Petition to Vacate an Award in AWG Group Ltd v. Republic of Argentina Matters for Future Arbitrations

On 6 July 2015, Argentina filed with the U.S. District Court for the District of Columbia a petition to vacate an UNCITRAL arbitration award of approximately $20 million rendered in favour of AWG Group Ltd (No. 15-cv-01057, 6…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, International Law & Trade

Seventh Circuit: Unaccepted Offer of Judgment Does Not Moot a Lawsuit

Since the United States Supreme Court decision in Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013), whether a lawsuit becomes moot when a plaintiff declines an offer that would satisfy his entire demand has been the…more
| Civil Procedure, Constitutional Law

Clean Power Plan Finalized by Obama Administration and EPA — What's Next?

On August 3, 2015, President Obama and the Environmental Protection Agency (EPA) released a new set of final regulations aimed at reducing carbon output from power plants. The sweeping new Clean Power Plan (CPP) sets limits on…more
| Administrative Law, Elections & Politics, Energy & Utilities, Environmental Law, Taxation

Appeals Court Decision Protects Attorney-Client Privilege in Internal Investigation

In In re Kellogg Brown & Root, Inc., et al., No. 14-5319 (D.C. Cir. August 11, 2015), the Court reversed a district court’s ruling that KBR waived these protections by using materials created in the course of a privileged…more
| Business Organizations, Civil Procedure, Government Contracting, Privacy

Hospital Chain Pays Heavy Price for Being Too Clever

Finding that Community Hospital Systems had been “too clever by half” in negotiating a global settlement agreement for seven whistleblower suits, a federal judge ordered the chain to pay the attorneys’ fees of all the…more
| Civil Procedure, Civil Remedies, Labor & Employment Law, Health, Government Contracting

OMG: Kim Kardashian Prompts FDA Warning Letter

Kim Kardashian recently trumpeted the beneficial effects of Diclegis, a pill indicated for the treatment of nausea and vomiting of pregnancy for certain women, to her over 42 million Instagram followers. One such Kardashian…more
| Administrative Law, Consumer Protection, Science, Computers, & Technology

Do We Have a Deal or Don't We?

How do you know when you’ve reached a final, binding agreement for a real estate transaction? Often one party to a lease, purchase agreement or real estate agreement, or covenant believes the parties have reached a final binding…more
| Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial, Real Estate - Residential

Big Decisions: The 2014-15 U.S. Supreme Court Term in Review

The 2014-15 United States Supreme Court term featured a number of significant cases to the business community. The Faegre Baker Daniels appellate advocacy group is committed to helping our clients understand the Court’s rulings…more
| Constitutional Law, Environmental Law, Labor & Employment Law, Real Estate - Residential, Taxation
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