Recently the Internal Revenue Service published guidance that permits an employer to amend its health care flexible spending account program (HFSA) to allow a limited carryover of funds. In IRS Notice 2013-71, the IRS provides…more
Yes, privacy in social media is pretty close to an oxymoron. At least in U.S. privacy law, the key issue for determining whether one has a privacy right is whether there was a “reasonable expectation of privacy” in the…more
When the Internet was young, and the thrills of hypertext linking were still new, hyperlinks were viewed as a potential source of liability. I wrote about linking liability then, and followed up a few years later, as more courts…more
The first week in November was a particularly interesting period in the National Football League, especially as it applies to what is acceptable behavior between football teammates and in a professional locker…more
Advertising seems like an unlikely candidate for constitutional protection. Think of the snake oil and patent remedy advertisements in newspapers a century ago. Even today, political candidate ads seem to take an "anything goes,…more
If you create sweepstakes or contests, you understand that having a comprehensive set of official rules is essential.
But what about a contest that is part of an incentive program for a company’s employees, dealers, or…more
What happens when one loan document contains a jury waiver but another doesn’t? For the lender, all may not be lost.
That was another important holding from the Missouri Court of Appeals Western District in Midland…more
What is the legal, political, and financial fallout of Detroit’s highly publicized Chapter 9 bankruptcy? That was the central question in a Nov. 7 panel discussion in St. Louis hosted by Thompson Coburn. Below are the issues…more
It has been the longstanding rule in Missouri that a litigant may recover his attorneys’ fees and costs from the losing party if the underlying contract expressly authorizes the award of attorneys’ fees. But Missouri courts take…more
Faced with sharply declining ad revenue, both the Associated Press and The New York Times recently announced plans to incorporate native advertising into their editorial content streams…more
On October 30, 2013, the Secretary of the Department of Health and Human Services (“DHHS”), Kathleen Sebelius (“Secretary”), released a letter to Congressman Jim McDermott (D-WA) answering the question of whether qualified…more
Maine has repealed its statute that requires registration and licensing of commercial co-ventures. Effective on October 8, 2013, co-venturers will no longer be required to obtain a license to conduct a commercial co-venture in…more
If you arrange for non-emergency ambulance services for Medicaid patients in Illinois, prior approval by the State is required as of October 1, 2013. Effective October 1, 2013, the prior approval for non-emergency ambulance…more
On August 27, 2013, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced Final Rules establishing new regulations under Section 503 of the Rehabilitation Act and the Vietnam Era…more
The Missouri Supreme Court’s August 27, 2013, decision in Farrow v. Saint Francis Medical Center provided a stunning result in a case presenting a common fact pattern. Farrow filed a charge of discrimination more than 180 days…more
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