McDermott Will & Emery

New Governance Best Practices Released

On July 21, a diverse consortium of leading corporate executives and business leaders released the compilation, "Commonsense Principles of Corporate Governance."…more
| Business Organizations, Commercial Law & Contracts

EPA Raises Statutory Civil Monetary Penalty Amounts

On July 1, 2016, the US Environmental Protection Agency (EPA) issued an interim final rule that modifies statutory civil monetary penalty amounts for statutes administered by the agency. EPA’s interim final rule, which becomes…more
| Environmental Law

Congress and Obama Administration Take Steps to Ease Buprenorphine Access

On Friday, July 22, President Obama signed the Comprehensive Addiction and Recovery Act of 2016 (CARA). Following on federal, state and local trends, CARA seeks to expand access for persons needing opioid treatment…more
| Health

DOL Significantly Increases Some Penalties for ERISA Violations

Under the Federal Civil Monetary Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Inflation Adjustment Act), the US Department of Labor (DOL) increased the penalties for specified violations of the Employee…more
| Finance & Banking, Labor & Employment Law

Integration of Technology Into Health Care Delivery

The integration of technology into health care delivery is exploding throughout the health industry landscape. Commentators speculating on the implications of the information revolution’s penetration of the health care industry…more
| Health, Science, Computers, & Technology

Managing the Transition to Transformation: Changing the Dynamic: How Alternative Payment Systems Are Changing the Strategic Goals for Health System Providers

Introduction - The transition of the US health care payment system from fee-for-service (FFS) to alternative value-based, budget-based, episode or procedure-based (e.g., bundled) and/or population-based payment models…more
| Health

UK Government Confirms Introduction of New Cap on Interest Deductibility

The UK Government has recently confirmed that it will be introducing a new cap on interest deductibility. Under the new rule, the ability of groups to obtain tax relief for interest will be limited by reference to a ratio of…more
| Business Organizations, Commercial Law & Contracts, International Law & Trade, Taxation

Antitrust M&A Snapshot - July 2016

United States: January – June Update - The Federal Trade Commission (FTC) and US Department of Justice (DOJ) have been actively challenging mergers and acquisitions in the first half of 2016. In some instances, the…more
| Antitrust & Trade Regulation, Mergers & Acquisitions, International Law & Trade

Brexit Versus Euratom: What the “No” Vote Could Mean for UK Membership in the European Nuclear Peace Treaty

In Depth - Euratom – An Overview - The Euratom Treaty covers all civil nuclear activities in the European Union. As a nuclear peace treaty, it pools the nuclear industries of its Member States and ensures the security…more
| Elections & Politics, Energy & Utilities, International Law & Trade

ANDA Update - Volume 2, Number 2

180-Day Notice Period for Biosimilar Approval Is Always Mandatory and Enforceable by Injunction - Amgen Inc., v. Apotex Inc., (Fed. Cir. July 5, 2016) - A year after analyzing the patent dance and notice requirements…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology

Breaking News: Physical Presence Requirement Bill Introduced in Congress

On July 14, 2016, Congressman Jim Sensenbrenner (R-WI) introduced the No Regulation Without Representation Act of 2016 (H.R. 5893) in the US House of Representatives (House). The bill would codify the physical presence…more
| Conflict of Laws, Constitutional Law, Elections & Politics, Science, Computers, & Technology, Taxation

Pennsylvania General Assembly Passes Revenue Package with Significant Digital Tax Expansion

On July 13, 2016, a legislative conference committee was appointed to approve an already agreed-upon $1.3 billion revenue package, which was immediately approved by both the House (116-75) and Senate (28-22) and sent to…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Elections & Politics, Science, Computers, & Technology, Taxation

A Blueprint for Maintaining an Individually Designed Qualified Plan after the IRS’s Determination Letter Program Cutback

In Depth - On June 29, 2016, the Internal Revenue Service (IRS) officially sounded the death knell for the five-year remedial amendment cycle with its release of Revenue Procedure 2016-37. Effective January 1, 2017,…more
| Business Organizations, Finance & Banking, Labor & Employment Law, Mergers & Acquisitions, Taxation

Roundtable Discussion Results in Senate Committee White Paper on Stark Law Reform

In Depth - On June 30, 2016, the US Senate Committee on Finance (Committee) released a white paper titled Why Stark, Why Now? Suggestions to Improve the Stark Law to Encourage Innovative Payment Models, that addressed…more
| Health

New York and San Francisco Approve Mandatory Paid Family Leave

In Depth - Both the State of New York and the City of San Francisco recently adopted significant mandates guaranteeing paid family leave to eligible employees. New York now becomes one of four states mandating paid family…more
| Labor & Employment Law
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