Polsinelli

Supreme Court Decision Fails to Provide Clarity on ECOA Claims

On March 22, 2016, the U.S. Supreme Court issued its first 4-4 decision following the death of Justice Antonin Scalia, thereby affirming the 8th Circuit in Hawkins v. Community Bank of Raymore. The Court’s per curiam opinion was…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking

Understanding the Implications of MACRA, MIPS and APMs

On May 9, 2016, the Centers for Medicare & Medicaid Services (CMS) published a notice of proposed rulemaking to implement the bipartisan Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). Although the provisions…more
| Government Contracting, Health

Construction Defect Debate to be Heard by Colorado Supreme Court

The construction defects case of Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al. has garnered national attention since the Colorado Court of Appeals' decision in May 2015, and…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Construction Law, Real Estate - Residential

California Supreme Court Adopts the Sophisticated Intermediary Defense

In Webb v. Special Elec. Co., the California Supreme Court formally adopted the "sophisticated intermediary doctrine," which provides an additional defense that manufacturers and suppliers can assert against product liability…more
| Civil Procedure, Commercial Law & Contracts, Products Liability, Toxic Torts

Supreme Court Rejects Government's FCA Implied Certification Theory

The Supreme Court of the United States in Universal Health Services, Inc. v. Escobar et al., weighed in on and embraced the implied certification theory of liability within the False Claims Act (FCA)…more
| Civil Procedure, Government Contracting, Health

Supreme Court Loosens Standard for Willful Infringement/Enhanced Damages

In a relatively rare “pro-patent” decision, the U.S. Supreme Court earlier this week unanimously overruled the Federal Circuit’s so-called Seagate standard for finding willful patent infringement and awarding enhanced damages…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

The Devil's Dictionary of Bankruptcy Terms

The "Devil's Dictionary" is a quick-reference guide for commercial lenders and other restructuring professionals. In this series, we highlight many of the buzz words found in the Dictionary and used in today's bankruptcy arena…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking

Short Samplings of Songs May Not Be Considered Copyright Infringement After All

The Ninth Circuit Court of Appeals just decided that sampling a song without permission does not necessarily infringe the copyright. Many artists have built careers by sampling an old song to create a new work. Until now, courts…more
| Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property

House GOP Presents Dodd-Frank Substitute

House Financial Services Committee Chairman Jeb Hensarling (R-TX) yesterday released his legislative plan to repeal and replace the Dodd-Frank Wall Street Reform and Consumer Protection Act, which passed a Democrat-led Congress…more
| Commercial Law & Contracts, Consumer Protection, Elections & Politics, Finance & Banking, Securities Law

Bank Preemption: Solicitor General Does Not Support Supreme Court Review

Weighing in recently on a debt collector's petition for writ of certiorari in Madden v. Midland Funding, LLC, the United States Solicitor General agreed that the Second Circuit was wrong in concluding that the National Bank Act…more
| Civil Procedure, Conflict of Laws, Finance & Banking

The Devils Dictionary

The "Devil's Dictionary" is a quick-reference guide for commercial lenders and other restructuring professionals. In this series, we highlight many of the buzz words found in the Dictionary and used in today's bankruptcy arena…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, Law Practice Products & Services, Real Estate - Commercial

TPA Agreement Filing and Compliance Requirements

The NAIC Model Third Party Administrator Act and almost every state that has enacted laws regulating TPAs require such agreements to comply with the following..…more
| Commercial Law & Contracts, Insurance

Provider-Based Update: Congress Offers Encouraging Step to Reduce Scope of BBA Reimbursement Reductions

On Wednesday, members of the House Ways and Means Health Subcommittee introduced bipartisan legislation that would provide some welcome relief to hospitals who had already invested resources to develop new provider-based…more
| Elections & Politics, Health

Good News on the Horizon? FCA Reform Could Signal Relief for Health Care Providers

Good news may be in sight for businesses and health care providers. On April 28, 2016, the House Judiciary Committee's Subcommittee on the Constitution and Civil Justice once again considered potential updates to the…more
| Commercial Law & Contracts, Elections & Politics, Health

Banking Agencies Issue Deposit-Reconciliation Best Practices

Five federal regulators on Wednesday – the FDIC, the Fed, CFPB, NCUA, and OCC – issued an interagency guidance applicable to all FDIC-supervised financial institutions describing expectations for effective…more
| Commercial Law & Contracts, Finance & Banking
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Areas of Practice
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