Ropes & Gray LLP

New ACO Rule: Continued CMS Efforts to Promote Program Participation

On June 6, 2016, the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule (the “Final Rule”) for accountable care organizations (“ACOs”) participating in the Medicare Shared Savings Program (“MSSP”). The Final…more
| Government Contracting, Health

Supreme Court Endorses Implied Certification Theory under False Claims Act—“At least in some circumstances”

On June 16, 2016, the Supreme Court of the United States issued a unanimous opinion addressing the scope and reach of the False Claims Act (“FCA”). Universal Health Services, Inc. v. United States et al. ex rel. Escobar et al…more
| Civil Procedure, Commercial Law & Contracts, Government Contracting

Federal Jury Acquits Former Warner Chilcott President

On June 17, 2016, a federal jury in the District of Massachusetts acquitted Carl Reichel, the former president of specialty pharmaceutical manufacturer Warner Chilcott, on a single count of conspiracy to violate the federal…more
| Criminal Law, Health, Science, Computers, & Technology

Supreme Court Upholds Federal Circuit’s Cuozzo Decision - PTAB IPR Institution Decisions Not Appealable; Broadest Reasonable Interpretation Standard Proper

On June 20, 2016, the Supreme Court issued its opinion in Cuozzo Speed Techs., LLC v. Lee, No. 15-446, affirming the Federal Circuit’s rulings that the U.S. Patent and Trademark Office’s (“PTO”) Patent Trial and Appeal Board’s…more
| Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology

Proposed Regulations Issued on Deferred Compensation Arrangements for Tax-Exempt Organizations

Today, Treasury and the IRS released proposed regulations under §457 of the Code, which governs the tax treatment of nonqualified deferred compensation paid to employees and independent contractors by tax-exempt organizations…more
| Business Organizations, Nonprofit Law, Taxation

EU Reaches Political Understanding on Conflict Minerals Regulation – An Overview and Take-aways for Downstream Companies

Late last Wednesday, the European Union reached agreement on the broad framework of a conflict minerals regulation. In this Alert, we describe some of the key terms of the regulation and what it means for the downstream…more
| Business Organizations, Elections & Politics, International Law & Trade, Securities Law

Amendments to Delaware General Corporation Law Will Affect Appraisal Actions and “Intermediate-Form” Mergers

On June 16, 2016, Delaware Governor Jack Markell signed into law House Bill 371, which amends the Delaware General Corporation Law (DGCL) with respect to, among other things, appraisal proceedings and “intermediate-form”…more
| Business Organizations, Mergers & Acquisitions

New York Supreme Court Rules that Merchant Lacks Standing to Sue MasterCard over Data Security Breach Assessments; All Merchants Left in Peril as a Result if MasterCard Unlawfully Imposes Data Breach Assessments

On May 5, the Commercial Division of the New York Supreme Court for Westchester County dismissed the complaint in Jetro Holdings, LLC v. MasterCard International, Inc., in which Jetro, a leading food service wholesaler, had sued…more
| Civil Procedure, Civil Remedies, Finance & Banking, Privacy, Business Torts

What’s in the Envelope? Do You Need to Worry?

Real estate investment involves many risks that real estate investment managers and owners are familiar with. These range from “micro” risks, such as tenant disputes and defective property maintenance to “macro risks” such as…more
| Finance & Banking, International Law & Trade, Real Estate - Residential, Securities Law, Real Estate - Commercial

Seventh Circuit Clarifies Retroactivity of Part of 2010 Amended Definition of “Original Source” for Purposes of Public Disclosure Bar

On January 4, 2016, the Seventh Circuit issued an opinion addressing the scope of the public disclosure bar under the False Claims Act (“FCA”). In United States ex rel. Bogine v. Medline Industries, Inc., 809 F.3d 365 (7th Cir…more
| Civil Procedure, Government Contracting, Health

Five Key Amendments to the Illinois Personal Information Protection Act and Their Implications for Health Care Providers, Medical Device Companies, and Digital Health Companies

On May 6, 2016, Gov. Bruce Rauner signed House Bill 1260 amending the Illinois Personal Information Protection Act (“PIPA”) in response to the increasing threat of electronic personal information being compromised. In the fall…more
| Elections & Politics, Privacy

China Announces a Detailed Pilot Plan for the Marketing Authorization Holder System for Drugs in Selected Regions

China’s State Council announced on May 26, 2016, a detailed pilot plan for the Marketing Authorization Holder System (“MAH”) for drugs in 10 provinces in China (the “Plan”). The three-year pilot program was initiated in November…more
| Communications & Media Law, Health, Science, Computers, & Technology

Market Abuse Regulation

The Market Abuse Regulation (“MAR”) will take effect on 3 July 2016. MAR contains the rules on insider dealing, unlawful disclosure of inside information and market manipulation that will apply throughout the European Economic…more
| Finance & Banking, Securities Law

Upcoming EU Disclosure Requirements for Certain Collateral Arrangements

The EU Regulation on Securities Financing Transactions provides a set of measures aiming to enhance regulators’ and investors’ understanding of “securities financing transactions”…more
| Business Organizations, Finance & Banking, Securities Law

FinCEN Issues Customer Due Diligence Rules and Amends AML Program Rules

On May 11, 2016, the U.S. Treasury’s Financial Crimes Enforcement Network (“FinCEN”) published a final rules release (the “Release”) containing new rules to strengthen customer due diligence (“CDD”) requirements for “financial…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade
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