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Attorney	Latest Publications
Darren Abernethy	FCC Proposes to Establish New Air-to-Ground Mobile Broadband Service for Airline Travelers In a Notice of Proposed Rulemaking issued last week, the FCC proposed to establish a new, terrestrial-based, air-to-ground (“ATG”) mobile broadband service in the 14.0-14.5 GHz Ku-band, providing multi-gigabyte broadband…more Airlines, Broadband, FCC	See All Updates »
Roy M. Albert	CMS Issues Final MLR Rule for Medicare Advantage and Part D Programs Last week, CMS published a final rule implementing the ACA’s medical loss ratio (“MLR”) requirements that will apply to the Medicare Advantage (Part C) and prescription drug (Part D) programs beginning in contract year 2014. …more Affordable Care Act, CMS, Healthcare, Medical Loss Ratio, Medicare	See All Updates »
Michael S. Arnold	New York City Law Prohibiting Discrimination Based on an Individual's Unemployment Status Goes Into Effect on June 11, 2013 This is just a friendly reminder that New York City’s new law prohibiting discrimination based on an individual’s current unemployment status is set to become effective next week, June 11, 2013. Employers: if you have not done…more Deadlines, Discrimination, Hiring & Firing, Job Applicants, Unemployment Discrimination	See All Updates »
Jamison Arterton	The Latest Update on the New gTLD Program It has been a long time since we had any notable updates on the gTLD process to report. However, after a slow start, the new gTLD program is now in full swing. On March 22, 2013, ICANN released the first round of Initial…more GAC, gTLD, ICANN, Trademark Clearinghouse, Trademarks	See All Updates »
George Atanasov	Massachusetts 2013 – 2014 Legislative Session Preview The 188th Massachusetts Legislature began the 2013 – 2014 legislative session on January 2. This alert identifies the key public policy issues that will likely emerge in the current session and offers insight into their possible…more Drug Compounding, Gaming Control Boards, Gun Laws, Infrastructure, Medical Marijuana	See All Updates »
Gary Bacher	Health Care Reform Update -- March 4, 2013 In This Issue: Implementation of the Affordable Care Act; Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearings and Mark-Ups…more Affordable Care Act, CMS, GAO, Health Insurance Exchanges, Healthcare	See All Updates »
Brandon Barker	California Supreme Court Gives California’s Unfair Competition Law More Coverage The California Supreme Court, in Aryeh v. Canon Business Solutions, Inc., 2013 WL 263509 (January 24, 2013), resolved a split in the lower appellate courts over the applicability of common law rules of accrual to the statute of…more Canon Business Solutions, Statute of Limitations, Unfair Competition	See All Updates »
Katharine O. Beattie	The Legal and Regulatory Landscape for Wellness Plans: The Affordable Care Act and Beyond The Patient Protection and Affordable Care Act (the ‘‘Act’’) generally encourages employers to adopt wellness plans and programs in conjunction with their group health plans. Wellness plan vendors tout these arrangements with…more	See All Updates »
Nicholas Bentley	New Swap Business Conduct and Record-Keeping Regulations Kick in for Municipal Bond Issuers and Borrowers Beginning May 1, 2013, many new business conduct regulations adopted by the Commodity Futures Trading Commission (“CFTC”) pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) will begin to…more Borrowers, CFTC, Dodd-Frank, End-Users, ISDA	See All Updates »
Brady Berg	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Susan Berson	CMS Issues Final MLR Rule for Medicare Advantage and Part D Programs Last week, CMS published a final rule implementing the ACA’s medical loss ratio (“MLR”) requirements that will apply to the Medicare Advantage (Part C) and prescription drug (Part D) programs beginning in contract year 2014. …more Affordable Care Act, CMS, Healthcare, Medical Loss Ratio, Medicare	See All Updates »
Alden J. Bianchi	Temporary and Contract Workers: Who Is a “Variable Hour” Employee under the Affordable Care Act? The Affordable Care Act’s employer shared responsibility rules will require large employers (50 or more full-time and full-time equivalent employees) to make an offer of minimum essential coverage to at least 95% of their…more Affordable Care Act, Excise Tax, Independent Contractors, Minimum Essential Coverage, Pay or Play	See All Updates »
Evan M. Bienstock	Fiscal Cliff Legislation Extends Tax Incentive to Invest in Small Businesses As a result of the recent “fiscal cliff” legislation, otherwise known as the American Taxpayer Relief Act of 2012 (2012 Tax Act), many individual investors are expecting future tax increases, either in the form of higher capital…more American Taxpayer Relief Act, C-Corporation, Capital Gains, Fiscal Cliff, Income Taxes	See All Updates »
Travis L. Blais	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Eric R. Blythe	Where Do Your Interests Lie Under Chapter 15 of the Bankruptcy Code? Determining a foreign debtor’s “center of main interests” and its effect on creditors’ rights When doing business with a foreign company, it is important to identify the company’s “center of main interests” (“COMI”) as creditors may find themselves bound by the laws of the COMI locale. If a company initiates insolvency…more Center of Main Interests, Chapter 15, Creditors' Rights, Debtors, Insolvency	See All Updates »
Joshua Booth	Obama Administration Outlines Religious Accommodations for Contraception Coverage Mandate Last week, federal regulators released a Proposed Rule outlining accommodations for religious employers that object to the Affordable Care Act’s contraception coverage mandate. The Proposed Rule expands the range of employers…more Affordable Care Act, Contraceptive Coverage Mandate, Exemptions, Reasonable Accommodation, Religious Institutions	See All Updates »
Dianne Bourque	Highlights of the Joint NIST and OCR Safeguarding Health Information Conference Earlier this week we attended the National Institute of Standards and Technology (NIST) and HHS Office for Civil Rights (OCR) 6th Annual Safeguarding Health Information Conference in Washington, D.C. (the NIST-OCR Conference). …more Audits, HHS, HIPAA, NIST, OCR	See All Updates »
Christi Braun	Fourth Circuit Holds State Agencies Operated by Market Participants Are Private Actors for State Action Purposes On May 31, 2013, the Fourth Circuit issued an opinion upholding the Federal Trade Commission’s (FTC) determination that the North Carolina State Board of Dental Examiners (Board) illegally expelled non-dentists from the teeth…more	See All Updates »
Meghan Burke	New Swap Business Conduct and Record-Keeping Regulations Kick in for Municipal Bond Issuers and Borrowers Beginning May 1, 2013, many new business conduct regulations adopted by the Commodity Futures Trading Commission (“CFTC”) pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) will begin to…more Borrowers, CFTC, Dodd-Frank, End-Users, ISDA	See All Updates »
Thomas R. Burton	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Jonathan Cain	Health Care Services Providers to Federal Health Plan Members Subject to Federal Affirmative Action Compliance Audit On March 30, the US District Court for the District of Columbia held that three University of Pittsburgh Medical Center-affiliated hospitals were federal subcontractors to an HMO that provided a managed care health plan to…more Affirmative Action, Audits, DOL, Federal Employees, HMOs	See All Updates »
Charles Carey	New Swap Business Conduct and Record-Keeping Regulations Kick in for Municipal Bond Issuers and Borrowers Beginning May 1, 2013, many new business conduct regulations adopted by the Commodity Futures Trading Commission (“CFTC”) pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) will begin to…more Borrowers, CFTC, Dodd-Frank, End-Users, ISDA	See All Updates »
Theresa C. Carnegie	Fourth Circuit & FTC: State Dental Board Subject to Federal Antitrust Laws in Teeth-Whitening Case The health care industry is familiar with the FTC’s enforcement presence for anticompetitive business practices in health care markets. But in a case involving the market for teeth-whitening services in North Carolina, it seems…more Competition, Dentists, FTC	See All Updates »
Ralph A. Child	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Barbara Chin	H-1B Cap Hit for Fiscal Year 2014 On April 5, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that it had received more than enough H-1B petitions to meet the numerical limit for fiscal year 2014 cap-subject H-1B visas, which includes both the…more H-1B, USCIS, Visa Caps, Visas	See All Updates »
Sallye Clark	FCC Proposes to Establish New Air-to-Ground Mobile Broadband Service for Airline Travelers In a Notice of Proposed Rulemaking issued last week, the FCC proposed to establish a new, terrestrial-based, air-to-ground (“ATG”) mobile broadband service in the 14.0-14.5 GHz Ku-band, providing multi-gigabyte broadband…more Airlines, Broadband, FCC	See All Updates »
Tania Rodrigues Cleary	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
William Coffman	Reminder Alert: Revised Form I-9 Must Be Used by U.S. Employers Starting May 7, 2013 As a follow-up to our Alert of March 8, 2013, this is a reminder that the revised Form I-9 must be used by all U.S. employers for new hires starting tomorrow, May 7, 2013…more Eligibility, Hiring & Firing, I-9, USCIS	See All Updates »
Matthew Cohen	New Children’s Product Testing and Certification Rule Set to Impact Manufacturers and Importers on February 8 On February 8, 2013, manufacturers and importers of children’s products (a consumer product designed or intended primarily for children 12 years of age or younger) will be required to follow certain testing and certification…more Children's Clothing, Children's Toys, CPSC, Imports, Manufacturers	See All Updates »
Susan J. Cohen	Expand paths for legal immigration It's time for both Democrats and Republicans to recognize the many compelling reasons for overhauling our current immigration system. Start with the economic arguments, which are overwhelming. Our high-tech visa backlog…more Immigrants, Immigration Reform, Undocumented Immigrants, Visa Caps, Visas	See All Updates »
Jordan Collins	Energy And Environment Update -- June 17, 2013 In This Issue: Energy and Climate Debate; Congress; Administration; Department of Agriculture; Department of Energy; Department of Homeland Security; Department of State; Federal Energy Regulatory Commission;…more Biofuel, China, Climate Change, Department of Agriculture, Department of State	See All Updates »
Hannah Coman	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Michael Connolly	Federal Court Rules That Issuers Face Strict Liability for Erroneous Statements About Legal Compliance in Registration Statements, Even if They Did Not Know the Statements Were False A recent federal appeals court decision addressing pleading standards for shareholder suits under Section 11 of the Securities Act of 1933, as amended, highlights the potential dangers of giving broad assurances of legal…more Biotechnology, Compliance, Derivative Suit, False Statements, Healthcare	See All Updates »
Julie Cox	Massachusetts 2013 – 2014 Legislative Session Preview The 188th Massachusetts Legislature began the 2013 – 2014 legislative session on January 2. This alert identifies the key public policy issues that will likely emerge in the current session and offers insight into their possible…more Drug Compounding, Gaming Control Boards, Gun Laws, Infrastructure, Medical Marijuana	See All Updates »
Nicholas Cramb	The Supreme Judicial Court Declares that Inexpensive Market-Rate Housing May Not Be Counted in Determining a Town’s Compliance with Chapter 40B On Tuesday, in Zoning Board of Appeals of Lunenburg v. Housing Appeals Committee, the Supreme Judicial Court soundly rejected a zoning board of appeals’ argument that inexpensive market-rate homes may be counted toward a town’s…more Affordable Housing, Land Developers	See All Updates »
Tom Crane	OIG Issues Updated Self-Disclosure Protocol The Department of Health and Human Services Office of Inspector General (“OIG”) has published an updated Provider Self-Disclosure Protocol (the “Updated SDP”) that offers health care providers guidance on how to disclose…more Anti-Kickback Statute, Civil Monetary Penalty, Healthcare, OIG, Overpayment	See All Updates »
Julian Crump	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Micha "Mitch" Danzig	Top Issues for Employers in 2013: Social Media & Independent Contractors Employment lawyers anticipate that employers’ social media policies and their use of independent contractors will be hot button issues in the New Year, much like they were in 2012... …more Independent Contractors, Misclassification, NLRA, NLRB, Social Media	See All Updates »
Daniel I. DeWolf	Two Recent SEC No Action Letters Establish Standards for Crowdsourcing Online Platforms Limited to "Accredited Investors" to Avoid Registration as a Broker-Dealer In two recent no action letters, the Securities and Exchange Commission (the “SEC”) granted no action relief for two venture capital online funding platforms, the FundersClub, Inc. (“FundersClub”) and AngelList, LLC…more Accredited Investors, AngelList, Broker-Dealer, Carried Interest, Fundersclub.com	See All Updates »
Rajdeep S. Dhaliwal	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Joseph DiCioccio	The Copyright Alert System – Copyright Infringement and The Educational Approach There have been many attempts over the last few years to address online copyright infringement. The most recent effort is the Copyright Alert System (“CAS”), which was rolled out in February 2013 as a system created to educate…more Copyright, Copyright Alert System, Digital Downloads, Infringement, ISPs	See All Updates »
Paul H. Dickerson	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Christophe Difo	FLSA Collective Action: Supreme Court Holds Offer of Judgment Moots Claim Does a “make whole” offer of judgment to the lead plaintiff in a wage and hour collective action put an end to the case? According to the US Supreme Court, the answer is “yes”- at least on the specific facts of the case before…more Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk, Mootness	See All Updates »
Brian P. Dunphy	PRIME Act: New Legislation to Curb Health Care Fraud The United States Senate and House of Representatives recently introduced bipartisan legislation designed to reduce fraud, waste, and abuse in the Medicare and Medicaid programs. The legislation, entitled “Preventing and…more CMS, Fraud, HHS, Information Sharing, Medicaid	See All Updates »
Samuel Effron	Fiscal Cliff Legislation Extends Tax Incentive to Invest in Small Businesses As a result of the recent “fiscal cliff” legislation, otherwise known as the American Taxpayer Relief Act of 2012 (2012 Tax Act), many individual investors are expecting future tax increases, either in the form of higher capital…more American Taxpayer Relief Act, C-Corporation, Capital Gains, Fiscal Cliff, Income Taxes	See All Updates »
Ivor Elrifi	U.S. Supreme Court Rules That Isolated Human Genes Are Unpatentable Summary - On June 13, 2013 in a much-anticipated decision, the U.S. Supreme Court in Association for Molecular Pathology v. Myriad Genetics, 569 U.S. __ (2013) unanimously held that claims for isolated DNA sequences are…more AMP v Myriad, Biotechnology, DNA, Human Genes, Myriad	See All Updates »
Meryl J. Epstein	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Gregory S. Fine	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Elissa Flynn-Poppey	Supreme Court Upholds Limitations on Non-Residents’ Access to Public Information On April 29, 2013, the Supreme Court of the United States issued a unanimous decision upholding citizen-specific limitations in the State of Virginia’s Freedom of Information Act (the “Act”). The Act provides that “all public…more FOIA, McBurney v Young, Public Records, Residency Requirements, SCOTUS	See All Updates »
Hope Foster	Health Care Enforcement in 2012: A Year in Review Last year was another busy year in health care fraud enforcement. In 2012, the Office of Inspector General for the Department of Health and Human Services (HHS-OIG) reported total expected recoveries of $6.9 billion from all of…more Anti-Kickback Statute, Compliance, Criminal Prosecution, Durable Medical Equipment, Enforcement	See All Updates »
Susan Foster	EU Data Protection Regulation: and the horizon recedes again . . . (LONDON) We recently wrote that a crucial committee vote on the new EU Data Protection Regulation had been pushed back until May 29-30. The vote has been delayed again until an unspecified future date, although Jan Phillip…more Data Protection, EU, EU Data Protection Laws	See All Updates »
Russell Fox	FCC Provides Guidance on Tower Site Collocation In order to help wireless communications providers meet the need for new facilities to satisfy the exploding demand for service, last year Congress enacted legislation designed to make it easier to add, remove or replace…more Cell Towers, FCC, Wireless Technology	See All Updates »
Michele Frangella	Fiscal Year 2014 H-1B Lottery Update On April 7, 2013, U.S. Citizenship and Immigration Services (USCIS) conducted the lottery process for fiscal year 2014 cap-subject H-1B petitions. The computer-generated random selection process included approximately 124,000…more H-1B, USCIS, Visa Caps, Visas	See All Updates »
Kelly Frey	Supreme Court Upholds Limitations on Non-Residents’ Access to Public Information On April 29, 2013, the Supreme Court of the United States issued a unanimous decision upholding citizen-specific limitations in the State of Virginia’s Freedom of Information Act (the “Act”). The Act provides that “all public…more FOIA, McBurney v Young, Public Records, Residency Requirements, SCOTUS	See All Updates »
Julia Gaffin	New FINRA Rule 5123 Regarding Private Placements of Securities Effective December 3, 2012 In an effort to enhance oversight and investor protection over private placement activity of firms on behalf of other issuers, new Financial Industry Regulatory Authority, Inc. (FINRA) Rule 5123 became effective on December 3,…more Commodity Pool, Exemptions, FINRA, Private Investment Funds, Private Placements	See All Updates »
Paula J. Valencia- Galbraith	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Steve Ganis	New Swap Business Conduct and Record-Keeping Regulations Kick in for Municipal Bond Issuers and Borrowers Beginning May 1, 2013, many new business conduct regulations adopted by the Commodity Futures Trading Commission (“CFTC”) pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) will begin to…more Borrowers, CFTC, Dodd-Frank, End-Users, ISDA	See All Updates »
Megan Gates	Federal Court Rules That Issuers Face Strict Liability for Erroneous Statements About Legal Compliance in Registration Statements, Even if They Did Not Know the Statements Were False A recent federal appeals court decision addressing pleading standards for shareholder suits under Section 11 of the Securities Act of 1933, as amended, highlights the potential dangers of giving broad assurances of legal…more Biotechnology, Compliance, Derivative Suit, False Statements, Healthcare	See All Updates »
Richard Gervase Jr.	U.S. Supreme Court Rules That Isolated Human Genes Are Unpatentable Summary - On June 13, 2013 in a much-anticipated decision, the U.S. Supreme Court in Association for Molecular Pathology v. Myriad Genetics, 569 U.S. __ (2013) unanimously held that claims for isolated DNA sequences are…more AMP v Myriad, Biotechnology, DNA, Human Genes, Myriad	See All Updates »
Jeremy D. Glaser	Two Recent SEC No Action Letters Establish Standards for Crowdsourcing Online Platforms Limited to "Accredited Investors" to Avoid Registration as a Broker-Dealer In two recent no action letters, the Securities and Exchange Commission (the “SEC”) granted no action relief for two venture capital online funding platforms, the FundersClub, Inc. (“FundersClub”) and AngelList, LLC…more Accredited Investors, AngelList, Broker-Dealer, Carried Interest, Fundersclub.com	See All Updates »
Kimberly J. Gold	Agencies Seek Comments to Inform Future Health IT Regulation As health information technology (HIT) advancements proliferate, so too must governing regulations. Three agencies – the Food and Drug Administration (FDA), the Office of the National Coordinator for Health Information…more FCC, FDA, FDASIA, Health Information Technologies, Public Comment	See All Updates »
Pamela Greene	Preparation for 2012 Fiscal Year-End SEC Filings and 2013 Annual Shareholder Meetings As our clients and friends know, each year Mintz Levin provides an analysis of the regulatory developments that impact public companies as they prepare for their fiscal year-end filings with the Securities and Exchange…more Dodd-Frank, Executive Compensation, Say-on-Pay, SEC	See All Updates »
Benjamin Griffin	FCC Proposes to Establish New Air-to-Ground Mobile Broadband Service for Airline Travelers In a Notice of Proposed Rulemaking issued last week, the FCC proposed to establish a new, terrestrial-based, air-to-ground (“ATG”) mobile broadband service in the 14.0-14.5 GHz Ku-band, providing multi-gigabyte broadband…more Airlines, Broadband, FCC	See All Updates »
Joseph P. Hammang	Health Care Reform Update -- June 17th, 2013 In This Issue: Leading the News; Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearing and Mark-Ups Scheduled. Excerpt from Leading the News…more Affordable Care Act, CMS, FDA, Health Insurance Exchanges, Healthcare	See All Updates »
Haesung Han	Employment-Based Third Preference (EB-3) Cut-Off Dates Advance on the Visa Bulletin for All Countries Except India and the Philippines The Visa Bulletin for July 2013 shows continual movement forward for immigrant visas in the employment-based third preference (EB-3) category for all countries except India and the Philippines…more EB-3, Visa Bulletins, Visas	See All Updates »
Douglas Hauer	Employment-Based Third Preference (EB-3) Cut-Off Dates Advance on the Visa Bulletin for All Countries Except India and the Philippines The Visa Bulletin for July 2013 shows continual movement forward for immigrant visas in the employment-based third preference (EB-3) category for all countries except India and the Philippines…more EB-3, Visa Bulletins, Visas	See All Updates »
Alexander Hecht	Health Care Reform Update -- June 17th, 2013 In This Issue: Leading the News; Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearing and Mark-Ups Scheduled. Excerpt from Leading the News…more Affordable Care Act, CMS, FDA, Health Insurance Exchanges, Healthcare	See All Updates »
Irwin M. Heller	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Caitie Hill	The Supreme Judicial Court Declares that Inexpensive Market-Rate Housing May Not Be Counted in Determining a Town’s Compliance with Chapter 40B On Tuesday, in Zoning Board of Appeals of Lunenburg v. Housing Appeals Committee, the Supreme Judicial Court soundly rejected a zoning board of appeals’ argument that inexpensive market-rate homes may be counted toward a town’s…more Affordable Housing, Land Developers	See All Updates »
Brian P. Hopkins	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Rachel Irving	Report Highlights Record-Breaking Year of Enforcement for HHS and DOJ Yesterday, the Department of Health and Human Services (“HHS”) and the Department of Justice (“DOJ”) released their Annual Report for the Health Care Fraud and Abuse Control Program (the “Program”). The report highlights the…more DOJ, Enforcement Actions, Fraud, Fraud and Abuse, HHS	See All Updates »
Ellen Janos	Record Attendance at American Telemedicine Association Annual Meeting The American Telemedicine Association (ATA) wrapped up its 2013 Annual Meeting in Austin, Texas on Monday. Over 5,000 people attended the ATA’s largest annual meeting ever. The extraordinary advances in technology over the…more Annual Meeting, Healthcare, Telemedicine	See All Updates »
Garrett Johnston	Fiscal Cliff Legislation Extends Tax Incentive to Invest in Small Businesses As a result of the recent “fiscal cliff” legislation, otherwise known as the American Taxpayer Relief Act of 2012 (2012 Tax Act), many individual investors are expecting future tax increases, either in the form of higher capital…more American Taxpayer Relief Act, C-Corporation, Capital Gains, Fiscal Cliff, Income Taxes	See All Updates »
Narges M. Kakalia	Integrating Employees’ Smart Devices Into the Workplace Originally published in The New York Law Journal on December 10, 2012. Companies are increasingly permitting employees to BYOD, or bring (and use) their own smart devices. Being able to use the latest, fastest, sleekest,…more AllianceBernstein, Bring Your Own Device, Data Protection, Trade Secrets	See All Updates »
William W. Kannel	Constitutionality of Detroit's Emergency Manager Challenged Within days of Kevyn Orr’s appointment as Detroit’s Emergency Manager, a group of elected officials, union representatives, civil rights activist and clergy brought a lawsuit against Gov. Rick Snyder and Treasurer Andy Dillon in…more Due Process, Emergency Managers, Voting Rights Act	See All Updates »
Kevin M. Kappel	Health Care Reform Update -- April 2, 2013 In This Issue: Implementation of the Affordable Care Act (ACA); Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearings and Mark-Ups…more Abortion, Affordable Care Act, CMS, Contraceptive Coverage Mandate, Health Insurance Exchanges	See All Updates »
David Katz	Mayor Bloomberg Vetoes Legislation Prohibiting Discrimination Against Unemployed As we predicted in an earlier blog post, Mayor Michael Bloomberg has vetoed legislation aimed at prohibiting discrimination against New York City’s unemployed…more Discrimination, Legislative Vetoes, Unemployment, Unemployment Discrimination	See All Updates »
Robert G. Kidwell	Fourth Circuit Holds State Agencies Operated by Market Participants Are Private Actors for State Action Purposes On May 31, 2013, the Fourth Circuit issued an opinion upholding the Federal Trade Commission’s (FTC) determination that the North Carolina State Board of Dental Examiners (Board) illegally expelled non-dentists from the teeth…more	See All Updates »
Helen Kim	DOJ Assistant Attorney General William Baer’s First Merger Challenge Confirms Continued Aggressive Merger Enforcement by Antitrust Division On January 31, 2013, the Antitrust Division of the Department of Justice (“DOJ”) filed its first lawsuit challenging a merger under newly sworn-in Assistant Attorney General, William J. Baer. Both the facts and circumstances…more Anheuser-Busch, DOJ, Enforcement, Mergers	See All Updates »
Samantha Kingsbury	Health Care Enforcement in 2012: A Year in Review Last year was another busy year in health care fraud enforcement. In 2012, the Office of Inspector General for the Department of Health and Human Services (HHS-OIG) reported total expected recoveries of $6.9 billion from all of…more Anti-Kickback Statute, Compliance, Criminal Prosecution, Durable Medical Equipment, Enforcement	See All Updates »
Maryanne Kline	CBP Begins Rollout of Automated Form I-94 Arrival/Departure Record for Travelers Arriving by Air or Sea This week, U.S. Customs and Border Protection (CBP) launched an initiative to automate the issuance of Forms I-94, Arrival/Departure Records for travelers arriving by sea or air. Records of admission will now be generated by CBP…more Customs and Border Protection, Form I-94, Forms, Travel, USCIS	See All Updates »
Tom Koutsoumpas	Health Care Reform Update -- April 15, 2013 In This Issue: Leading the News; Implementation of the Affordable Care Act (ACA); Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearings and Mark-Ups…more Affordable Care Act, CMS, Federal Budget, Healthcare, HHS	See All Updates »
Jonathan L. Kravetz	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Carl A. Kukkonen III	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Elizabeth G. Kurpis	GPL Insurance for Private Equity Firms – What Questions To Ask Many private equity firms are concerned about their liabilities, including exposure to lawsuits for breach of fiduciary duty, claims for wrongful acts or omissions, and regulatory or securities investigations. One of the best…more Fiduciary Duty, Liability Insurance, Private Equity Funds, Securities	See All Updates »
Julie K. Lappas	CMS Publishes Proposed Changes to CLIA’s Proficiency Testing Regulations Yesterday the Centers for Medicare & Medicaid Services (CMS) filed a proposed rule (the Proposed Rule) that would make significant changes to existing regulations governing the proficiency testing (PT) process mandated by the…more CLIA, CMS, Medicaid, Medicare, Proficiency Testing	See All Updates »
Cynthia Larose	New Cybersecurity Guidance Released by the National Institute of Standards and Technology: What You Need to Know for Your Business The National Institute of Standards and Technology (“NIST”) has released the fourth revision of its standard-setting computer security guide, Special Publication 800-53 titled Security and Privacy Controls for Federal…more CPO, Cybersecurity, Data Protection, Fair Information Practice Principles, NIST	See All Updates »
Heidi A. Lawson	D.C. Developments on the Cybersecurity Front – UPDATE UPDATE: The House Permanent Select Committee on Intelligence passed the Cyber Intelligence Sharing and Protection Act (CISPA) this afternoon. The vote was 18 in favor and two (Adam Schiff (D-CA) and Jan Schakowsky (D-IL))…more Barack Obama, CISPA, Cyber Threats, Cybersecurity, Data Protection	See All Updates »
David Leiter	Energy And Environment Update -- June 17, 2013 In This Issue: Energy and Climate Debate; Congress; Administration; Department of Agriculture; Department of Energy; Department of Homeland Security; Department of State; Federal Energy Regulatory Commission;…more Biofuel, China, Climate Change, Department of Agriculture, Department of State	See All Updates »
Sarah Litke	Energy And Environment Update -- June 17, 2013 In This Issue: Energy and Climate Debate; Congress; Administration; Department of Agriculture; Department of Energy; Department of Homeland Security; Department of State; Federal Energy Regulatory Commission;…more Biofuel, China, Climate Change, Department of Agriculture, Department of State	See All Updates »
Audrey C. Louison	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Karen S. Lovitch	CMS Conducts First Call on Physician Payments Sunshine Act Implementation In anticipation of the start of data collection under the Physician Payments Sunshine Act, the Centers for Medicare & Medicaid Services (“CMS”) continues to issue guidance on data collection and reporting in an effort to address…more	See All Updates »
Amy Malone	Massachusetts Zip Code Class Action: Take 3 Another class action suit has been filed in Massachusetts in the zip code wars. This time, the target is instrument retailer Guitar Center for allegedly requesting customers to provide their zip codes when making purchases with…more Class Action, Credit Cards, Data Collection, Personally Identifiable Information, Retailers	See All Updates »
Neal Martin	Energy And Environment Update -- June 17, 2013 In This Issue: Energy and Climate Debate; Congress; Administration; Department of Agriculture; Department of Energy; Department of Homeland Security; Department of State; Federal Energy Regulatory Commission;…more Biofuel, China, Climate Change, Department of Agriculture, Department of State	See All Updates »
Abby Matousek	Health Care Reform Update -- June 17th, 2013 In This Issue: Leading the News; Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearing and Mark-Ups Scheduled. Excerpt from Leading the News…more Affordable Care Act, CMS, FDA, Health Insurance Exchanges, Healthcare	See All Updates »
Jeffrey J. McCourt	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Kevin McGinty	Seventh Circuit Declines to Review Class Certification Order in Enormous Computer Privacy Class Action In its recent decision in Harris v. comScore, Inc., the Seventh Circuit declined to review a trial court order certifying a plaintiff class consisting of hundreds of thousands of computer owners who downloaded software that…more CFAA, Class Action, Class Certification, Clickwrap Agreements, Data Collection	See All Updates »
Tracy Miner	Health Care Enforcement in 2012: A Year in Review Last year was another busy year in health care fraud enforcement. In 2012, the Office of Inspector General for the Department of Health and Human Services (HHS-OIG) reported total expected recoveries of $6.9 billion from all of…more Anti-Kickback Statute, Compliance, Criminal Prosecution, Durable Medical Equipment, Enforcement	See All Updates »
Jeffrey A. Moerdler	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Patricia Moran	The Legal and Regulatory Landscape for Wellness Plans: The Affordable Care Act and Beyond The Patient Protection and Affordable Care Act (the ‘‘Act’’) generally encourages employers to adopt wellness plans and programs in conjunction with their group health plans. Wellness plan vendors tout these arrangements with…more	See All Updates »
Evan Nadel	Seventh Circuit Declines to Review Class Certification Order in Enormous Computer Privacy Class Action In its recent decision in Harris v. comScore, Inc., the Seventh Circuit declined to review a trial court order certifying a plaintiff class consisting of hundreds of thousands of computer owners who downloaded software that…more CFAA, Class Action, Class Certification, Clickwrap Agreements, Data Collection	See All Updates »
Michael Newman	Federal Circuit Affirms ITC Jurisdiction for Non-Practicing Entities On January 10, 2013, the Federal Circuit reaffirmed broad ITC jurisdiction for non-practicing patent enforcement entities by denying Nokia Corp.’s petition for rehearing of InterDigital Commc’ns, LLC v. Int’l Trade Comm’n (2010-…more ITC, Jurisdiction, License Agreements, Nokia, Non-Practicing Entities	See All Updates »
M. Daria Niewenhous	Final Medical Marijuana Regulations Approved in Massachusetts The Massachusetts Department of Public Health Public Health Council approved, by unanimous vote, final regulations for the implementation of the medical marijuana ballot initiative law that will allow qualifying patients with…more Final Rules, Medical Marijuana	See All Updates »
David L. O'Connor	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Matthew Pavao	U.S. Supreme Court Rules That Isolated Human Genes Are Unpatentable Summary - On June 13, 2013 in a much-anticipated decision, the U.S. Supreme Court in Association for Molecular Pathology v. Myriad Genetics, 569 U.S. __ (2013) unanimously held that claims for isolated DNA sequences are…more AMP v Myriad, Biotechnology, DNA, Human Genes, Myriad	See All Updates »
Paul E. Pelletier	Comprehensive FCPA Guidance Provides a Roadmap for Companies to Reevaluate and Revise Their Compliance Policies By Paul E. Pelletier and Aaron M. Tidman, Originally published in The FCPA Report on November 28, 2012. On November 14, 2012, the DOJ and SEC jointly published “A Resource Guide to the U.S. Foreign Corrupt Practices Act” (Guidance), their long-awaited and highly…more Compliance, FCPA, FCPA Resource Guide	See All Updates »
A. W. "Chip" Phinney III	Federal Court Rules That Issuers Face Strict Liability for Erroneous Statements About Legal Compliance in Registration Statements, Even if They Did Not Know the Statements Were False A recent federal appeals court decision addressing pleading standards for shareholder suits under Section 11 of the Securities Act of 1933, as amended, highlights the potential dangers of giving broad assurances of legal…more Biotechnology, Compliance, Derivative Suit, False Statements, Healthcare	See All Updates »
Jeffrey R. Porter	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Jeremy Rabinovitz	Health Care Reform Update -- June 17th, 2013 In This Issue: Leading the News; Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearing and Mark-Ups Scheduled. Excerpt from Leading the News…more Affordable Care Act, CMS, FDA, Health Insurance Exchanges, Healthcare	See All Updates »
Mark J. Riedy	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Carrie Roll	Congressional Representative Signals Willingness to Facilitate Telehealth Services In opening remarks at the Health Information Technology hearing series last week, Representative Doris Matsui (D-CA), a member of the Energy and Commerce Committee, indicated that she intends to introduce legislation that would…more Healthcare, Telehealth	See All Updates »
Jake Romero	Delta Finds Reprieve in State Court, but Not Everyone Will Get to Fly the Friendly Skies California Attorney General Kamala Harris’ attempt to bring an enforcement action against Delta Air Lines, Inc. won’t be leaving the runway. California Superior Court Judge Marla J. Miller has dismissed a data privacy complaint…more Data Protection, Delta Airlines, Enforcement Actions, Mobile Apps	See All Updates »
Jason M. Rosenstock	Financial Services Legislative and Regulatory Update -- June 17‚ 2013 In This Issue: Leading the Past Week; Legislative Branch; Executive Branch; and Upcoming Hearings. Excerpt from Leading the Past Week - Once again, the markets and Congress came together to offer an interesting…more	See All Updates »
Jennifer Rubin	Understanding and Mitigating Liability for Workplace Romances Originally published in the New York Law Journal on December 26, 2012. The recent life-imitating-art headlines featuring illicit romantic affairs involving senior corporate and governmental leaders remind us that there…more Anti-Harassment Policies, Love Contracts, Sexual Assault, Sexual Conduct, Sexual Harassment	See All Updates »
Melanie Ruthrauff	Two Recent SEC No Action Letters Establish Standards for Crowdsourcing Online Platforms Limited to "Accredited Investors" to Avoid Registration as a Broker-Dealer In two recent no action letters, the Securities and Exchange Commission (the “SEC”) granted no action relief for two venture capital online funding platforms, the FundersClub, Inc. (“FundersClub”) and AngelList, LLC…more Accredited Investors, AngelList, Broker-Dealer, Carried Interest, Fundersclub.com	See All Updates »
Harvey Saferstein	Ninth Circuit Clarifies Extraterritorial Reach of California Antitrust Laws In AT&T Mobility LLC v. AU Optronics Corp., Ninth Circuit Case No. 11-16188 (Feb. 14, 2013), the Ninth Circuit held that California’s antitrust law, the Cartwright Act, could apply to a price fixing conspiracy of LCD panels even…more AT&T Mobility, AU Optronics Corp, Cartwright Act, Conspiracies, Due Process	See All Updates »
Charles A. Samuels	New Children’s Product Testing and Certification Rule Set to Impact Manufacturers and Importers on February 8 On February 8, 2013, manufacturers and importers of children’s products (a consumer product designed or intended primarily for children 12 years of age or younger) will be required to follow certain testing and certification…more Children's Clothing, Children's Toys, CPSC, Imports, Manufacturers	See All Updates »
Gregory Sandomirsky	New Swap Business Conduct and Record-Keeping Regulations Kick in for Municipal Bond Issuers and Borrowers Beginning May 1, 2013, many new business conduct regulations adopted by the Commodity Futures Trading Commission (“CFTC”) pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) will begin to…more Borrowers, CFTC, Dodd-Frank, End-Users, ISDA	See All Updates »
Rachel Sanford	Telecommunications in the 113th Congress The 112th Congress saw a lot of activity focused on new and changing technologies, but few legislative breakthroughs. Early in the year, there was significant activity around intellectual property and online piracy issues,…more Broadband, Cable Act, Cybersecurity, FCC, FTC	See All Updates »
Dawn Saunders	SB 1186 Update: California Legislature Attempts to Promote Compliance with Accessibility Standards and to Curtail Vexatious Litigation In September 2012, the California State Legislature enacted SB 1186 in an effort to cut back on opportunistic litigation and encourage compliance with disability access laws. The new law imposes additional notice, procedural and…more Accessibility Rules, Certified Access Specialists, Compliance, Disclosure Requirements, Enforcement	See All Updates »
Paul J. Scapicchio	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Gabriel Schnitzler	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Donald W. Schroeder	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Jessica Sergi	Health Care Enforcement in 2012: A Year in Review Last year was another busy year in health care fraud enforcement. In 2012, the Office of Inspector General for the Department of Health and Human Services (HHS-OIG) reported total expected recoveries of $6.9 billion from all of…more Anti-Kickback Statute, Compliance, Criminal Prosecution, Durable Medical Equipment, Enforcement	See All Updates »
Nada I. Shamonki	Another Shoe Drops in Washington: Ninth Circuit Expands Personal Jurisdiction over Willful Copyright Infringers In Washington Shoe Co. v. A-Z Sporting Goods, Inc. (U.S. Court of Appeals – Ninth Circuit, No. 11-35166, Dec. 17, 2012), the Ninth Circuit expanded the exercise by Federal District Courts of personal jurisdiction over…more A-Z Sporting Goods, Copyright, Jurisdiction, Long Arm Statute, Personal Jurisdiction	See All Updates »
Ella Shenhav	To Release Or Not to Release – If That Is the Question, What Is the Answer? In a recent decision by the Bankruptcy Court for the District of Delaware, the court adopted a flexible approach to consensual third party releases in a plan of reorganization. In In re Indianapolis Downs, LLC, 2013 Bankr. LEXIS…more Chapter 11, Creditors, Debtors, Opt-Outs, Reorganizations	See All Updates »
Farrah Short	FTC Voids Confidentiality and Non-Compete Provisions in Non-Reportable Transaction and Requires Notification of All Future Transactions Merger agreements often contain ancillary provisions that seem acceptable to the parties in the context of what they are obtaining from the transaction—and those provisions often do not get a hard look by antitrust legal…more Competition, Confidentiality Agreements, FTC, Hart-Scott-Rodino Act, Non-Compete Agreements	See All Updates »
Amarynth Sichel	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Julia Siripurapu	New Cybersecurity Guidance Released by the National Institute of Standards and Technology: What You Need to Know for Your Business The National Institute of Standards and Technology (“NIST”) has released the fourth revision of its standard-setting computer security guide, Special Publication 800-53 titled Security and Privacy Controls for Federal…more CPO, Cybersecurity, Data Protection, Fair Information Practice Principles, NIST	See All Updates »
Robert C. Skinner	Health Care Reform Update -- April 15, 2013 In This Issue: Leading the News; Implementation of the Affordable Care Act (ACA); Other HHS and Federal Regulatory Initiatives; Other Congressional and State Initiatives; Other Health Care News; and Hearings and Mark-Ups…more Affordable Care Act, CMS, Federal Budget, Healthcare, HHS	See All Updates »
Jennifer Sacco Smith	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Peter Snell	Patent Eligibility of Software Innovations After CLS Bank The en banc Court of Appeals for the Federal Circuit recently could not agree on the proper approach for determining whether software-based inventions constitute patent eligible subject matter under § 101 of the patent statute…more CLS Bank, CLS Bank v Alice Corp, Investors, Patent Applications, Patent-Eligible Subject Matter	See All Updates »
Bruce D. Sokler	Fourth Circuit Holds State Agencies Operated by Market Participants Are Private Actors for State Action Purposes On May 31, 2013, the Fourth Circuit issued an opinion upholding the Federal Trade Commission’s (FTC) determination that the North Carolina State Board of Dental Examiners (Board) illegally expelled non-dentists from the teeth…more	See All Updates »
Shoshana S. Speiser	Fourth Circuit Holds State Agencies Operated by Market Participants Are Private Actors for State Action Purposes On May 31, 2013, the Fourth Circuit issued an opinion upholding the Federal Trade Commission’s (FTC) determination that the North Carolina State Board of Dental Examiners (Board) illegally expelled non-dentists from the teeth…more	See All Updates »
Ellyn L. Sternfield	Five Takeaways from the OIG’s Special Advisory Bulletin on Exclusion This week the Office of Inspector General for the Department of Health and Human Services (“OIG”) issued an updated Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs, an…more Exclusions, False Claims Act, Federal Funding, Healthcare, Liability	See All Updates »
Kate Stewart	CMS Conducts First Call on Physician Payments Sunshine Act Implementation In anticipation of the start of data collection under the Physician Payments Sunshine Act, the Centers for Medicare & Medicaid Services (“CMS”) continues to issue guidance on data collection and reporting in an effort to address…more	See All Updates »
Bryan M. Stockton	Energy And Environment Update -- June 17, 2013 In This Issue: Energy and Climate Debate; Congress; Administration; Department of Agriculture; Department of Energy; Department of Homeland Security; Department of State; Federal Energy Regulatory Commission;…more Biofuel, China, Climate Change, Department of Agriculture, Department of State	See All Updates »
Sahir Surmeli	IRS Issues “Begin Construction” Guidance for Renewable Energy Tax Credits On April 15, 2013, the Internal Revenue Service (IRS) issued long-awaited guidance updating eligibility requirements for renewable project developers seeking to utilize the 2.3 cent/kWh Renewable Electricity Production Tax…more Investment Tax Credits, IRS, Production Tax Credit, Renewable Energy, Safe Harbors	See All Updates »
Tara Swenson	2014 Final Call Letter: CMS Raises Medicare Advantage Rates but Foreshadows Other Significant Program Changes After receiving many comments on its Draft Call Letter, CMS published its Contract Year 2014 Final Call Letter on April 1, 2013. The Final Call Letter addresses a wide variety of issues that will affect all parties involved in…more Beneficiaries, CMS, Controlled Substances, Medical Reimbursement Plans, Medicare Advantage	See All Updates »
Howard Symons	FCC Adopts Order Streamlining Its Foreign Ownership Review Policies Last week, the FCC adopted an Order to streamline its policies with respect to foreign ownership of common carrier radio station licensees (i.e., entities that provide fixed or mobile telecommunications service over networks…more FCC, Foreign Ownership, Licenses, Radio Stations	See All Updates »
Tyrone Thomas	Independent Investigations Have Proved Valuable For College Athletics As recently noted by ESPN senior college basketball writer Andy Katz, the various crises facing intercollegiate athletic programs across the country could benefit from a fresh set of eyes. Increasingly, university presidents,…more Athletes, Colleges, Investigations, NCAA, Outside Counsel	See All Updates »
Aaron M. Tidman	Comprehensive FCPA Guidance Provides a Roadmap for Companies to Reevaluate and Revise Their Compliance Policies By Paul E. Pelletier and Aaron M. Tidman, Originally published in The FCPA Report on November 28, 2012. On November 14, 2012, the DOJ and SEC jointly published “A Resource Guide to the U.S. Foreign Corrupt Practices Act” (Guidance), their long-awaited and highly…more Compliance, FCPA, FCPA Resource Guide	See All Updates »
Stanley A. Twarog	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Michael D. Van Loy, Ph.D.	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Adam Veness	SEC and CFTC Issue Final Joint Rules on “Red Flags” Compliance The Securities Exchange Commission (“SEC”) and the Commodity and Futures Trade Commission (“CFTC”) (together, the “Commissions”) have issued final joint rules and guidelines that require certain entities regulated by the…more CFTC, Dodd-Frank, FCRA, Final Rules, Identity Theft	See All Updates »
Ben Wagner	A Primer on Policing Your Trademark Five steps to protect a marks’ value - Trademark owners have a duty to police their mark. This applies to all types of marks – brand names, slogans, color, product shapes, or even a smell. The cost of dropping the ball…more Trademark Policing, Trademarks	See All Updates »
Adrienne Walker	Constitutionality of Detroit's Emergency Manager Challenged Within days of Kevyn Orr’s appointment as Detroit’s Emergency Manager, a group of elected officials, union representatives, civil rights activist and clergy brought a lawsuit against Gov. Rick Snyder and Treasurer Andy Dillon in…more Due Process, Emergency Managers, Voting Rights Act	See All Updates »
Kevin J. Walsh	Where Do Your Interests Lie Under Chapter 15 of the Bankruptcy Code? Determining a foreign debtor’s “center of main interests” and its effect on creditors’ rights When doing business with a foreign company, it is important to identify the company’s “center of main interests” (“COMI”) as creditors may find themselves bound by the laws of the COMI locale. If a company initiates insolvency…more Center of Main Interests, Chapter 15, Creditors' Rights, Debtors, Insolvency	See All Updates »
Maureen J. Walsh	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Katy E. Ward	Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013 In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to…more Biofuel, China, Clean Tech, Fiscal Cliff, Investment Tax Credits	See All Updates »
Stephen Weiner	President’s 2014 Budget Proposal for the Department of Health and Human Services (HHS) The Obama Administration released its proposed Fiscal Year 2014 budget on April 10th. The 244-page document outlines the President’s spending priorities for the coming fiscal year. The FY 2014 Budget for the Department of Health…more	See All Updates »
Len Weiser-Varon	New Swap Business Conduct and Record-Keeping Regulations Kick in for Municipal Bond Issuers and Borrowers Beginning May 1, 2013, many new business conduct regulations adopted by the Commodity Futures Trading Commission (“CFTC”) pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) will begin to…more Borrowers, CFTC, Dodd-Frank, End-Users, ISDA	See All Updates »
William Weld	Expand paths for legal immigration It's time for both Democrats and Republicans to recognize the many compelling reasons for overhauling our current immigration system. Start with the economic arguments, which are overwhelming. Our high-tech visa backlog…more Immigrants, Immigration Reform, Undocumented Immigrants, Visa Caps, Visas	See All Updates »
Susan Neuberger Weller	More About Trademark Surnames: The Borghese Dispute Right on the heels of our surname blog comes a New York Times article on a long-running trademark litigation over rights to the Borghese surname. The Borgheses hail from an Italian noble family and their using the family history…more Cosmetics, Marketing, Surnames, Trademarks	See All Updates »
Brandon T. Willenberg	NLRB: Employees' Facebook Comments Are Protected Concerted Activity The National Labor Relations Board’s closed out an already busy year addressing social media’s impact on employee rights in non-unionized workplaces (see our prior related blog entries here, here, here, and here) with yet…more Facebook, Hiring & Firing, Hispanics United of Buffalo, NLRA, NLRB	See All Updates »
Stephanie Willis	Agencies Seek Comments to Inform Future Health IT Regulation As health information technology (HIT) advancements proliferate, so too must governing regulations. Three agencies – the Food and Drug Administration (FDA), the Office of the National Coordinator for Health Information…more FCC, FDA, FDASIA, Health Information Technologies, Public Comment	See All Updates »
James Wodarski	Federal Circuit Affirms ITC Jurisdiction for Non-Practicing Entities On January 10, 2013, the Federal Circuit reaffirmed broad ITC jurisdiction for non-practicing patent enforcement entities by denying Nokia Corp.’s petition for rehearing of InterDigital Commc’ns, LLC v. Int’l Trade Comm’n (2010-…more ITC, Jurisdiction, License Agreements, Nokia, Non-Practicing Entities	See All Updates »
Nili Yolin	OIG Issues Updated Self-Disclosure Protocol The Department of Health and Human Services Office of Inspector General (“OIG”) has published an updated Provider Self-Disclosure Protocol (the “Updated SDP”) that offers health care providers guidance on how to disclose…more Anti-Kickback Statute, Civil Monetary Penalty, Healthcare, OIG, Overpayment	See All Updates »
Martha J. Zackin	Equal Pay Act: Male employee's strong negotiating skills not a "factor other than sex" to justify pay differential The Equal Pay Act prohibits employers from paying a female employee less than a male employee for work that requires substantially equal skill, effort and responsibility, and that is performed under similar working conditions…more Discrimination, EPA, Equal Pay Act, Gender-Based Pay Discrimination, Hiring & Firing	See All Updates »

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