Williams Mullen

USA FDI News - April 2016

USA FDI News highlights the FAQs arising from your projects - from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep USA FDI News interactive and relevant to your international business…more

Affordable Care Act, Community Trademark, Cuba, Drinking Water, Economic Sanctions

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Obama Administration Announces Gift Tax Annual Exclusion Proposal

On Tuesday, March 4, 2014, the Obama administration released its FY15 Budget. At the same time, the Treasury Department issued its accompanying “Green Book” that describes various changes in tax law and the resulting revenue…more

Estate Planning, Estate Tax, Gift Tax, Gift-Tax Exemption, Tax Reform

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Virginia Environmental Regulatory Developments (February 2014)

A. Fast Track Regulations - 1. 9VAC5-10. General Definitions (Rev. D13) (amending 9VAC5-10-20). Statutory Authority: § 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and…more

Environmental Policies

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Risk and Uncertainty for Health Care Providers and Government Contractors in the Wake of Universal Health Services v. Escobar

The Supreme Court’s decision in the closely watched case of Universal Health Services, Inc. v. United States ex rel. Escobar, decided on June 16, 2016, provides a long-awaited interpretation of the False Claims Act (“FCA”) and…more

Conditions of Payment, Failure To Disclose, False Claims Act (FCA), False Implied Certification Theory, Federal Contractors

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Department of Labor Publishes Guidance on Employee Misclassification

In recent years, various initiatives and enforcement efforts on both the state and federal level have arisen in an attempt to combat the misclassification of employees as independent contractors. Misclassification occurs when an…more

Administrative Interpretation, Best Management Practices, DOL, Employee Definition, Employer Liability Issues

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Facility Policies Can Become a Basis for Assessing Civil Monetary Penalties

In Brenham Nursing & Rehab. Ctr. v. U.S. Dep't of Health & Human Servs., No. 15-60272, 2016 WL 454320 (5th Cir. Feb. 4, 2016), the United States Court of Appeals for the Fifth Circuit upheld a Final Agency Decision of the United…more

Civil Monetary Penalty, Elder Abuse, HHS, Neglect, Policies and Procedures

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The Dennis Decision: A Shot Across the Bow for Hospitals

A recent Virginia court decision questions the reasonable value of health care services and creates a challenge to debt collection efforts by hospitals. In March, the Circuit Court for Henry County, Patrick County, and the City…more

Breach of Contract, Confidential Information, Contract of Adhesion, Counterclaims, Debt Collection

See All Updates »

OIG Targets Integrated Hospital Systems With Recommended Changes to Medicare’s 3-Day DRG Payment Window

On February 19, 2014, the Office of the Inspector General of the United States Department of Health and Human Services (“OIG”) released a report recommending two changes in the Medicare Diagnosis Related Group (“DRG”) payments…more

Healthcare, HHS, Hospitals, Medicare, OIG

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Clearing Up the Confusion as to Preclusion: Supreme Court’s Trademark Ruling Gives Deference to the Trademark Trial and Appeal Board (TTAB)

B&B Hardware, Inc. v. Hargis Industries, Inc., 575 U.S. _____ (2015). The U.S. Supreme Court on Tuesday ruled that federal court decisions on “likelihood of confusion” can be precluded by earlier findings on the same…more

B&B Hardware v Hargis Industries, Issue Preclusion, Likelihood of Confusion, Popular, SCOTUS

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Will Spokeo Impact Standing In Data Breach Cases?

Despite months of anticipation, the majority opinion in Spokeo, Inc. v. Robins reads more like a teacher (the Supreme Court) telling a student (the Ninth Circuit) to go back and show the work behind a long division answer before…more

Article III, Class Action, Data Breach, FCRA, Injury-in-Fact

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In Halo Electronics v. Pulse Electronics, Supreme Court Strikes Down Seagate Test for Enhanced Damages Under Section 284 of the Patent Act.

Patent infringement plaintiffs and defendants alike fret over enhanced damages: Section 284 of the Patent Act, the basis for enhanced damages, provides that a court may grant a damages award up to three times actual damages. On…more

35 U.S.C. § 284, Enhanced Damages, Halo v Pulse, Judicial Discretion, Patent Infringement

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FAA Issues Final Rule for Operators of Drones (Small UAS) – Part 107

On June 21, 2016, the Federal Aviation Administration (FAA) issued its final rule on how businesses may use small unmanned aircraft systems (UAS). The rule, which is commonly known as Part 107, is expected to take effect in late…more

Commercial Use, Drones, Federal Aviation Administration (FAA), Final Rules, Pilots

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Class Action Trends in Virginia: Employment Background Reports

Forty percent of the consumer class actions filed in Virginia in 2014 alleging violations of the Fair Credit Reporting Act (“FCRA”) relate to background reports for employment purposes. With one exception, all of the cases are…more

Background Checks, Class Action, Consumer Reports, Credit Reporting Agencies, Employer Liability Issues

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Supreme Court Upholds North Carolina’s Blue Pencil Doctrine Impacting Non-Competes

On March 18, 2016, the North Carolina Supreme Court reasserted the state’s strict blue pencil doctrine by reversing the Court of Appeals in Beverage Systems of the Carolinas, LLC v. Associated Beverage Repair, LLC, et al. (No…more

Blue Pencil Contract Modification, NC Supreme Court, Non-Compete Agreements, Restrictive Covenants, Reversal

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It’s a Bird, It’s a Plane, It’s . . . Super Priority! A Brief Primer on Purchase Money Security Interests

What is a “Purchase Money Security Interest”? A “purchase-money security interest” (or “PMSI”) is a security interest securing a “purchase-money obligation”, or an obligation incurred by a debtor to buy collateral (known…more

Collateral, Lenders, Purchase Money Loans, Super Priority, Uniform Commercial Code (UCC)

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Williams Mullen Construction Industry Newsletter - Spring 2016

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and the…more

Architects, CERCLA, Contaminated Properties, Contractors, Designer Professionals' Liability

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Williams Mullen Construction Industry Newsletter - Spring/Summer 2014

In This Issue: - CGL Insurance & Defects - No Sure Thing - Contract Quicksand - The Nuclear Option - Federal Contractors - Excerpt from CGL Insurance & Defects: Does Your Insurance Cover…more

Commercial General Liability Policies, Construction Contracts, Construction Workers, Contractors, Federal Contractors

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New NLRB Election Rules Drastically Change the Playing Field

On April 15, 2015, the National Labor Relations Board’s “ambush election” rules became effective, and going forward any representation petitions filed by unions will be subject to the new rules, which drastically expedite the…more

Ambush Election Rules, NLRB, Popular, Unions

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[Event] Second Annual - Managing Risk and Legal Issues in the Education Sector - Oct. 1st, Richmond, VA

Marsh, Mercer, Ernst & Young, and Williams Mullen will hold a one-day, multi-session seminar for Virginia's private K-12, colleges, and universities. The event will address a wide range of issues currently facing the education…more

Colleges, Events, Private Schools, Risk Management, Universities

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SALT Alert: North Carolina Enacts New Administrative Procedure to Challenge Statute Of Limitations Determinations in Tax Cases

On June 30, 2016, Governor McCrory signed House Bill 533 into law as S.L. 2016-76. The legislation provides a new administrative procedure for a taxpayer to seek review of a North Carolina Department of Revenue (“Department”)…more

Administrative Hearings, Administrative Review, ALJ, Governor Pat McCrory, Judicial Review

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IRS Changes Direction on New Compliance Questions on Form 5500

When the Internal Revenue Service (IRS) issued a revised Form 5500 in December 2015, there were several new compliance questions on Schedules H, I, and R relating to retirement plans. The questions required responses relating…more

Form 5500, IRS, OMB, Retirement Plan, Retirement Plan Providers

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CMS Clarifies 60-Day Reporting Requirements For Medicare Parts A & B

The Centers for Medicare and Medicaid Services (“CMS”) has clarified the reporting requirements and lookback period for overpayments from Medicare Parts A and B in Final Rule 6037 (“Final Rule”), issued by CMS on February 12,…more

60-Day Rule, Affordable Care Act, CMS, False Claims Act (FCA), Final Rules

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The Cost of Clarity: IRS Issues Regulations Addressing Proper Treatment of Code Section 50(d) Income

On July 21, 2016, the IRS issued long-awaited regulations under Section 50 of the Internal Revenue Code (the “Code”) clarifying the manner in which “Section 50(d) Income” is to be recognized in lease pass-through investment tax…more

Energy Sector, Energy Tax Incentives, Historical Rehabilitation, Income Taxes, Investment Property

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Williams Mullen Construction Industry Newsletter - Spring 2016

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and the…more

Architects, CERCLA, Contaminated Properties, Contractors, Designer Professionals' Liability

See All Updates »

Risk and Uncertainty for Health Care Providers and Government Contractors in the Wake of Universal Health Services v. Escobar

The Supreme Court’s decision in the closely watched case of Universal Health Services, Inc. v. United States ex rel. Escobar, decided on June 16, 2016, provides a long-awaited interpretation of the False Claims Act (“FCA”) and…more

Conditions of Payment, Failure To Disclose, False Claims Act (FCA), False Implied Certification Theory, Federal Contractors

See All Updates »

Virginia Environmental Regulatory Developments (February 2014)

A. Fast Track Regulations - 1. 9VAC5-10. General Definitions (Rev. D13) (amending 9VAC5-10-20). Statutory Authority: § 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and…more

Environmental Policies

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Williams Mullen FDI USA News - December 2015

FDI USA News highlights the FAQs arising from your projects—from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep FDI News interactive and relevant to your international business. This…more

Due Diligence, EB-5, Foreign Direct Investment, Trade Secrets, Visas

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CMS Clarifies 60-Day Reporting Requirements For Medicare Parts A & B

The Centers for Medicare and Medicaid Services (“CMS”) has clarified the reporting requirements and lookback period for overpayments from Medicare Parts A and B in Final Rule 6037 (“Final Rule”), issued by CMS on February 12,…more

60-Day Rule, Affordable Care Act, CMS, False Claims Act (FCA), Final Rules

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USA FDI News - April 2016

USA FDI News highlights the FAQs arising from your projects - from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep USA FDI News interactive and relevant to your international business…more

Affordable Care Act, Community Trademark, Cuba, Drinking Water, Economic Sanctions

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OIG Targets Integrated Hospital Systems With Recommended Changes to Medicare’s 3-Day DRG Payment Window

On February 19, 2014, the Office of the Inspector General of the United States Department of Health and Human Services (“OIG”) released a report recommending two changes in the Medicare Diagnosis Related Group (“DRG”) payments…more

Healthcare, HHS, Hospitals, Medicare, OIG

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U.S. Tax Court Ruling in State Conservation Tax Credit Case Requires Income Recognition

In its recently issued opinion in the case of Route 231, LLC v. Commissioner, T.C. Memo 2014-30 (2/24/14), the United States Tax Court (the “Court”) held that a transfer of state tax credits to a 1% member who had contributed…more

Conservation Tax Credit, Corporate Taxes, IRS, Limited Liability Companies, Operating Agreements

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Facility Policies Can Become a Basis for Assessing Civil Monetary Penalties

In Brenham Nursing & Rehab. Ctr. v. U.S. Dep't of Health & Human Servs., No. 15-60272, 2016 WL 454320 (5th Cir. Feb. 4, 2016), the United States Court of Appeals for the Fifth Circuit upheld a Final Agency Decision of the United…more

Civil Monetary Penalty, Elder Abuse, HHS, Neglect, Policies and Procedures

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Taxpayer Prevails in Family Limited Liability Company Case

In a recent taxpayer victory, the Tax Court found in favor of the taxpayer with respect to three hotly contested gift and estate planning issues involving family limited liability companies. The Tax Court decided the case of…more

Estate Tax, Family Limited Liability Companies, Gift Tax, IRS, QTIP Trusts

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[Event] HIPAA Compliance: The Current Audit and Enforcement Environment - August 4th, Richmond, VA

Featuring Iliana L. Peters, J.D., LL.M., Senior Advisor for HIPAA Compliance and Enforcement at the HHS Office for Civil Rights, and Members of Williams Mullen’s Health Care Practice…more

Enforcement Actions, Events, Health Care Providers, HHS, HIPAA

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[Event] Spring 2016 Tax Forum - May 12th, 8:00 am, Richmond, VA

Please join us for the Spring Tax Forum to be held at the Williams Mullen Center on Thursday, May 12, 2016. Topics Include: Contributions of Property to a Partnership: An Analysis of Section 704(c) Methods Part II:…more

Events, Federal Taxes, Local Taxes, State Taxes

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[Event] Spring 2016 Tax Forum - May 12th, 8:00 am, Richmond, VA

Please join us for the Spring Tax Forum to be held at the Williams Mullen Center on Thursday, May 12, 2016. Topics Include: Contributions of Property to a Partnership: An Analysis of Section 704(c) Methods Part II:…more

Events, Federal Taxes, Local Taxes, State Taxes

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The Cost of Clarity: IRS Issues Regulations Addressing Proper Treatment of Code Section 50(d) Income

On July 21, 2016, the IRS issued long-awaited regulations under Section 50 of the Internal Revenue Code (the “Code”) clarifying the manner in which “Section 50(d) Income” is to be recognized in lease pass-through investment tax…more

Energy Sector, Energy Tax Incentives, Historical Rehabilitation, Income Taxes, Investment Property

See All Updates »

Biosimilar “Patent Dance” Does Not Permit Sidestepping of 180-Day Notice

On July 5, 2016, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) unanimously ruled in Amgen v. Apotex that biosimilar makers must provide brand-name rivals with a 180-day notice only after receipt of approval…more

Amgen, Apotex, Biosimilars, BPCIA, Commercial Marketing

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DOJ Sues to Enjoin Two Large Health Insurer Mergers

In July 2015, health insurer mergers were announced between Anthem and Cigna and between Aetna and Humana. The effect of these mergers would elevate Anthem/Cigna to the #1 rank in size among national health insurers…more

Aetna, Anthem Insurance, Antitrust Provisions, CIGNA, DOJ

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CFPB Issues Proposed Rules Regulating Payday, Vehicle Title and Other Loans, as Permitted by Dodd-Frank

On Friday, July 22, 2016, the Consumer Financial Protection Bureau (the “Bureau”) published proposed rules and a request for public comment in the Federal Register to establish a new consumer regulation, 12 CFR 1041, which would…more

CFPB, Payday Loans, Proposed Regulation, Public Comment, Title Loans

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USA FDI News - April 2016

USA FDI News highlights the FAQs arising from your projects - from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep USA FDI News interactive and relevant to your international business…more

Affordable Care Act, Community Trademark, Cuba, Drinking Water, Economic Sanctions

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It’s the CON Season in North Carolina – Is Your Petition Ready?

Can your organization satisfy an unmet need by bringing a new health care resource into a North Carolina community? If your organization perceives a need that has not been recognized by our State’s health planners, now is the…more

Applications, Certificate of Need, Filing Deadlines, Health Care Providers, Healthcare Facilities

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No Harm, Yes Foul: FTC Rules Risk of Consumer Harm Sufficient to Find LabMD Liable for Security Breach.

In a unanimous decision published Friday, July 28, attached here, the Federal Trade Commission (FTC) overruled an administrative law judge and found that a medical testing company’s lack of security measures violated federal…more

FTC, HIPAA, Imminent Harm, LabMD, Popular

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New Jersey Man Prosecuted for Funneling Campaign Contributions from Foreign Source

Much of the U.S. media overlooked a Bill of Information filed in United States District Court in New Jersey on June 29. The information charged Bilal Shehu, an Albanian immigrant, with unlawfully funneling $80,000 from a…more

Campaign Contributions, DOJ, Foreign Bank Accounts, Foreign Nationals, Guilty Pleas

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Williams Mullen Construction Industry Newsletter - Spring 2016

2016 begins with the issuance of this Construction Industry Newsletter, our fifth. In this issue, we have articles on vapor intrusion, liability for project design, enforcement of mechanic’s lien and bond waiver clauses, and the…more

Architects, CERCLA, Contaminated Properties, Contractors, Designer Professionals' Liability

See All Updates »

Department of Labor Mandates Updates to Employee Rights Posters

Both the Employee Rights Under the Fair Labor Standards Act (“FLSA”) poster and the Employee Rights Polygraph Protection Act poster that employers are required to post have been revised recently. The Department of Labor mandated…more

DOL, FLSA, Posting Requirements

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New Guidance on ITAR Registration in the Firearms Industry

The State Department has issued new policy guidance regarding the requirement for gunsmiths and others involved in the firearms industry to register with the State Department under Part 122 of the International Traffic In Arms…more

DDTC, Firearms, ITAR, Manufacturers, New Guidance

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The Erosion of Charitable Immunity for Virginia’s Colleges and Universities and What it Means for the Administrators and Trustees Who Lead Those Institutions.

Historically, Virginia courts have treated non-profit colleges and universities as charitable institutions which are insulated from liability for simple negligence. This rule (known as the doctrine of “charitable immunity”) is…more

Colleges, Commercial General Liability Policies, Immunity, Negligence, Non-Profits

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North Carolina Beer Distribution Agreements

In This Presentation: - The Choice: Brewery Self Distribution or Wholesaler Distribution - The Beer Franchise Law - Goals of Distribution Agreement - Checklist for Agreement - Excerpt from The…more

Beer, Breweries, Exporters, Franchises, Retailers

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EPA Issues Final Rules To Reduce Methane Emissions From MSW Landfills

Section 111 of the Clean Air Act (CAA) requires EPA to issue New Source Performance Standards (NSPSs) for certain source categories of air pollutants. These NSPSs set threshold limits on emissions of certain pollutants…more

Air Pollution, Clean Air Act, Climate Action Plan, EPA, Final Rules

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FAA Issues Final Rule for Businesses to Use Drones

The Federal Aviation Administration (FAA) has issued its final rule on how businesses may use small unmanned aircraft systems (UAS), often referred to as drones. The rule, which will be commonly known as Part 107, is expected to…more

Commercial Use, Drones, Federal Aviation Administration (FAA), Final Rules, Section 333 Exemption

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Money, Dirt and Steel: Spring 2016 Newsletter

A snapshot of noteworthy cases from the Spring terms of the North Carolina appellate courts related to lending practices, property rights and construction in North Carolina - Money - FORECLOSURE: - Lender may…more

Acceleration, Arbitrators, Blue Pencil Contract Modification, Breach of Contract, Collateral Estoppel

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CMS Clarifies 60-Day Reporting Requirements For Medicare Parts A & B

The Centers for Medicare and Medicaid Services (“CMS”) has clarified the reporting requirements and lookback period for overpayments from Medicare Parts A and B in Final Rule 6037 (“Final Rule”), issued by CMS on February 12,…more

60-Day Rule, Affordable Care Act, CMS, False Claims Act (FCA), Final Rules

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The Dennis Decision: A Shot Across the Bow for Hospitals

A recent Virginia court decision questions the reasonable value of health care services and creates a challenge to debt collection efforts by hospitals. In March, the Circuit Court for Henry County, Patrick County, and the City…more

Breach of Contract, Confidential Information, Contract of Adhesion, Counterclaims, Debt Collection

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Southeast State & Local Tax: Important Developments - March 2016

The Williams Mullen Southeast State and Local Tax (SESALT) team is pleased to provide you with a comprehensive recap of important tax developments around the Southeast…more

Comptroller of the Treasury v Wynne, Corporate Taxes, Franchise Taxes, Income Taxes, Internal Revenue Code (IRC)

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Nursing Facilities to Face Surveyors’ Review of Photo and Video Policies

The Centers for Medicare and Medicaid Services (CMS) this month took aim at the unauthorized taking and sharing of photos and videos – including through social media – in nursing facilities. In response to media reports and…more

CMS, Health Care Providers, Nursing Homes, Patient Privacy Rights, Photographs

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Online Gun Sales: E-Commerce Terms that Work, and Keep the Seller Safe

Firearms sales continue their upward trend, with National Instant Criminal Background Check System (NICS) checks indicating that 2014 sales of firearms in the United States exceeded 2012 numbers, and fell just short of 2013’s…more

ATF, Background Checks, Clickwrap Agreements, Criminal Background Checks, E-Commerce

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Speak Now? Sunrise Periods Closing on New gTLDs

On January 21, 2014, the Internet Corporation for Assigned Names and Numbers (ICANN) announced that it has “delegated” more than 100 new generic Top Level Domains (gTLDs), or roughly five times the total number of gTLDs in…more

Domain Names, gTLD, Trademarks

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D.C. Circuit Upholds Boiler MACT

If there’s any good news for industry in the recent 162-page decision issued by the United States Court of Appeals for the D.C. Circuit on the Boiler MACT, we can’t find it. The court rejected all challenges by industry groups…more

Air Pollution, Appeals, Boiler MACT Rule, EPA, Greenhouse Gas Emissions

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The Dennis Decision: A Shot Across the Bow for Hospitals

A recent Virginia court decision questions the reasonable value of health care services and creates a challenge to debt collection efforts by hospitals. In March, the Circuit Court for Henry County, Patrick County, and the City…more

Breach of Contract, Confidential Information, Contract of Adhesion, Counterclaims, Debt Collection

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Small Businesses, Big Opportunities – Recent SBA Expansion of the Mentor-Protégé Program

Effective August 24, 2016, the Small Business Administration (“SBA”) will fulfill the mandates of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013 (“NDAA 2013”), which…more

Entrepreneurs, Federal Contractors, HUBZone, JOBS Act, Joint Venture

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Williams Mullen Construction Industry Newsletter - Winter/Spring 2015

In this Issue: - Welcome - Williams Mullen Announces Coastal Flooding Practice - Federal Government Contracts - New Challenges - Green Certification - Bankruptcy and Virginia Mechanic’s…more

Coastal Real Estate, Commercial Bankruptcy, Construction Industry, Federal Contractors, Flood Zones

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Clearing Up the Confusion as to Preclusion: Supreme Court’s Trademark Ruling Gives Deference to the Trademark Trial and Appeal Board (TTAB)

B&B Hardware, Inc. v. Hargis Industries, Inc., 575 U.S. _____ (2015). The U.S. Supreme Court on Tuesday ruled that federal court decisions on “likelihood of confusion” can be precluded by earlier findings on the same…more

B&B Hardware v Hargis Industries, Issue Preclusion, Likelihood of Confusion, Popular, SCOTUS

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Overlapping Labels Can Lead to Liability

Multiple regulatory agencies worldwide exercise jurisdiction over how hazards associated with chemicals in the workplace are communicated to employees and others. This creates a complex web of requirements and…more

Department of Transportation (DOT), Distributors, Hazardous Substances, International Harmonization, Labeling

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New Guidance on ITAR Registration in the Firearms Industry

The State Department has issued new policy guidance regarding the requirement for gunsmiths and others involved in the firearms industry to register with the State Department under Part 122 of the International Traffic In Arms…more

DDTC, Firearms, ITAR, Manufacturers, New Guidance

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The Ever-Broadening Definition of “Disability” Under the ADA Remains a Source of Anxiety for Employers

A recent decision of the U.S. Court of Appeals for the Fourth Circuit (the federal appeals court that covers Virginia, North Carolina, West Virginia, Maryland, and South Carolina) reconfirms what many employers have long…more

ADA, Appeals, Employer Liability Issues, Interactive Process, Reasonable Accommodation

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Understanding Real Estate Tax Assessment Procedures

If the locality where your company’s real property is situated went through a revaluation of real property for tax purposes effective as of January 1, 2014, your company should soon be receiving a notice of assessment. You may…more

Property Tax, Real Estate Market, Tax Assessment

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North Carolina Legislature Adjourns for 2016 with No Major Changes to ABC Laws

The North Carolina General Assembly adjourned for 2016 with no major changes to North Carolina’s alcohol laws. North Carolina legislation that allows wine shippers to file excise tax reports on an annual basis, rather than…more

Alcohol Beverage Control, Breweries, Excise Tax, Filing Requirements, General Assembly

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Recently Signed North Carolina Budget Includes Important Tax Changes

Nearly three months after the beginning of North Carolina’s fiscal year, on September 18 the state General Assembly finally adopted a budget for the next two years which was signed by Governor Pat McCrory on the same…more

Corporate Taxes, General Assembly, Legislative Agendas, State Budgets, Tax Credits

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USA FDI News - April 2016

USA FDI News highlights the FAQs arising from your projects - from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep USA FDI News interactive and relevant to your international business…more

Affordable Care Act, Community Trademark, Cuba, Drinking Water, Economic Sanctions

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State Attorneys General Served “home cooking” by the Supreme Court of the United States

On January 14, 2014, in Mississippi v. AU Optronics Corp., the Supreme Court held that a parens patriae action (one brought by the state on behalf of its injured citizens) does not constitute a ‘mass action’ and cannot be…more

Attorney Generals, CAFA, Class Action, Parens Patriae, Removal

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7 Key Roles of a Successful Startup CEO

In your experience, what’s the most important role that a startup CEO should fulfill? That’s the question we put recently to JD Supra contributors, many of whom have spent years working with successful entrepreneurs in various…more

Business Formation, CEOs, Legal Perspectives, Startups

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Target's Successful Defense To A FCRA Class Action Is Good News For Employers

Target requires job applicants to sign a “Consent & Disclosure” form advising the applicant that Target will obtain an employment background report. The form discloses that a consumer report or investigative consumer report…more

Background Checks, Corporate Counsel, FCRA, Job Applicants, Motion to Dismiss

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In Halo Electronics v. Pulse Electronics, Supreme Court Strikes Down Seagate Test for Enhanced Damages Under Section 284 of the Patent Act.

Patent infringement plaintiffs and defendants alike fret over enhanced damages: Section 284 of the Patent Act, the basis for enhanced damages, provides that a court may grant a damages award up to three times actual damages. On…more

35 U.S.C. § 284, Enhanced Damages, Halo v Pulse, Judicial Discretion, Patent Infringement

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Virginia DEQ to Revise Risk Assessment Protocols

The Virginia Department of Environmental Quality (“DEQ”) is preparing to implement revised risk assessment protocols for many of its site cleanup programs. DEQ’s new approach is called the Virginia Unified Risk Assessment Model…more

Corrective Actions, Department of Environmental Quality, Hazardous Waste, Redevelopment, Risk Assessment

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Adoption of Privacy Shield Gives U.S. Businesses Greater Clarity On Data Transfers From Europe

The European Commission (EC) announced that it has adopted the EU-US Privacy Shield (“Privacy Shield”) effective July 12, 2016, which replaces the US-EU Safe Harbor Framework (“Safe Harbor”). The adoption of Privacy Shield has…more

Binding Corporate Rules, EU, EU-US Privacy Shield, European Commission, Grace Period

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Fourth Circuit Cleans Up Damages Award in Paper Towel Dispute and Sets Standard for the Award of Fees in Trademark Cases

In Georgia-Pac. Consumer Products LP v. von Drehle Corp., ___ F.3d ___, 2015 WL 1404765 (4th Cir. Mar. 30, 2015), as amended (Apr. 15, 2015), the Fourth Circuit reversed a damages award and clarified the standard for damages and…more

Appeals, Damages, Exceptional Case, Georgia Pacific, Popular

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COPN Reform Efforts Delayed

Few legislative issues during the 2016 General Assembly have garnered more attention in the health care community than the efforts to reform Virginia’s Certificate of Public Need (“COPN”) process. Despite considerable effort on…more

Certificate of Need, Competition, General Assembly, Governor McAuliffe, Health Care Providers

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Benefit and Contribution Limits for 2016

The Commissioner of Internal Revenue announced yesterday that the dollar limitations for benefits and contributions that apply to retirement plans generally will not change for 2016 because the increase in the cost-of-living…more

401k, Benefit Plan Sponsors, Contribution Limits, Employee Benefits, IRS

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Fourth Circuit Lowers the Bar in Title VII Harassment and Retaliation Cases

On May 7, 2015, the U.S. Court of Appeals for the Fourth Circuit (covering Virginia, North Carolina, South Carolina, West Virginia and Maryland) issued an opinion that potentially makes it easier for employees to survive summary…more

Appeals, Employer Liability Issues, Harassment, Hostile Environment, Retaliation

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U.S. Tax Court Ruling in State Conservation Tax Credit Case Requires Income Recognition

In its recently issued opinion in the case of Route 231, LLC v. Commissioner, T.C. Memo 2014-30 (2/24/14), the United States Tax Court (the “Court”) held that a transfer of state tax credits to a 1% member who had contributed…more

Conservation Tax Credit, Corporate Taxes, IRS, Limited Liability Companies, Operating Agreements

See All Updates »

Recently Signed North Carolina Budget Includes Important Tax Changes

Nearly three months after the beginning of North Carolina’s fiscal year, on September 18 the state General Assembly finally adopted a budget for the next two years which was signed by Governor Pat McCrory on the same…more

Corporate Taxes, General Assembly, Legislative Agendas, State Budgets, Tax Credits

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FERC Urged To Revise Generator Interconnection Procedures and Agreement

It has been over twelve years since the Federal Energy Regulatory Commission (FERC) issued the pro forma Large Generator Interconnection Procedures (LGIP) and pro forma Large Generator Interconnection Agreement (LGIA) for…more

Electric Generation Suppliers, Energy Sector, FERC, Interconnections, Petition for Rulemaking

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DOJ Sues to Enjoin Two Large Health Insurer Mergers

In July 2015, health insurer mergers were announced between Anthem and Cigna and between Aetna and Humana. The effect of these mergers would elevate Anthem/Cigna to the #1 rank in size among national health insurers…more

Aetna, Anthem Insurance, Antitrust Provisions, CIGNA, DOJ

See All Updates »

Money, Dirt and Steel: Spring 2016 Newsletter

A snapshot of noteworthy cases from the Spring terms of the North Carolina appellate courts related to lending practices, property rights and construction in North Carolina - Money - FORECLOSURE: - Lender may…more

Acceleration, Arbitrators, Blue Pencil Contract Modification, Breach of Contract, Collateral Estoppel

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Second Amendment Rights “Out the Door” in D.C.

Despite what might be implied by this article’s title, Second Amendment rights have actually expanded in D.C. recently. Last month, in Palmer v. District of Columbia __F. Supp.2d__ (2014); 2014 WL 3702854 (D.D.C. July 24, 2014),…more

Concealed Weapons, Firearms, Licensing Rules, Second Amendment

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Small Businesses, Big Opportunities – Recent SBA Expansion of the Mentor-Protégé Program

Effective August 24, 2016, the Small Business Administration (“SBA”) will fulfill the mandates of the Small Business Jobs Act of 2010 and the National Defense Authorization Act for Fiscal Year 2013 (“NDAA 2013”), which…more

Entrepreneurs, Federal Contractors, HUBZone, JOBS Act, Joint Venture

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Biosimilar “Patent Dance” Does Not Permit Sidestepping of 180-Day Notice

On July 5, 2016, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) unanimously ruled in Amgen v. Apotex that biosimilar makers must provide brand-name rivals with a 180-day notice only after receipt of approval…more

Amgen, Apotex, Biosimilars, BPCIA, Commercial Marketing

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U.S. Dept. of Labor Finally Announces Important New Overtime Rules – How Will Your Business Be Affected?

The day has arrived. After a long wait, on May 17, 2016, the U.S. Department of Labor (DOL) issued its final rule dealing with overtime exemptions under the Fair Labor Standards Act (FLSA). There were some changes from…more

DOL, Final Rules, FLSA, Minimum Salary, Over-Time

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Understanding Real Estate Tax Assessment Procedures

If the locality where your company’s real property is situated went through a revaluation of real property for tax purposes effective as of January 1, 2014, your company should soon be receiving a notice of assessment. You may…more

Property Tax, Real Estate Market, Tax Assessment

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U.S. Dept. of Labor Finally Announces Important New Overtime Rules – How Will Your Business Be Affected?

The day has arrived. After a long wait, on May 17, 2016, the U.S. Department of Labor (DOL) issued its final rule dealing with overtime exemptions under the Fair Labor Standards Act (FLSA). There were some changes from…more

DOL, Final Rules, FLSA, Minimum Salary, Over-Time

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Fourth Circuit Rejects “Manager Rule” in Title VII Cases

In an important recent decision, DeMasters v. Carilion Clinic, the Fourth Circuit determined that the so-called “manager rule” exception to federal anti-retaliation laws does not apply to employment cases filed under Title VII. …more

Adverse Employment Action, Anti-Retaliation Provisions, Appeals, Employer Liability Issues, FLSA

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Williams Mullen Construction Industry Newsletter - Spring/Summer 2014

In This Issue: - CGL Insurance & Defects - No Sure Thing - Contract Quicksand - The Nuclear Option - Federal Contractors - Excerpt from CGL Insurance & Defects: Does Your Insurance Cover…more

Commercial General Liability Policies, Construction Contracts, Construction Workers, Contractors, Federal Contractors

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Court to Consider EPA Rule Eliminating Exemption for Excess Emissions During SSM

A 2015 EPA rulemaking required 36 states to revise their State Implementation Plans (“SIPs”) to eliminate provisions exempting air emission exceedances during periods of startup, shutdown, or malfunction (the “SSM SIP Call…more

Air Pollution, Clean Air Act, Comment Period, EPA, Final Rules

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No Harm, Yes Foul: FTC Rules Risk of Consumer Harm Sufficient to Find LabMD Liable for Security Breach.

In a unanimous decision published Friday, July 28, attached here, the Federal Trade Commission (FTC) overruled an administrative law judge and found that a medical testing company’s lack of security measures violated federal…more

FTC, HIPAA, Imminent Harm, LabMD, Popular

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Defeating Class Certification: Halliburton II Ruling Impacts Securities Class Action Issues

In its June 23, 2014 opinion in Halliburton Co. v. Erica P. John Fund, Inc. (“Halliburton II”), the United States Supreme Court addressed two securities class action issues: 1. It affirmed the validity of the…more

Basic v Levinson, Class Action, Class Certification, Fraud, Fraud-on-the-Market

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EPCRA Section 313 Reporting: Frequent Questions

This is the second installment of frequently asked questions regarding Toxic Release Inventory (TRI) reporting under Section 313 of the Emergency Planning with Community Right-to-Know Act (EPCRA). As noted in our first…more

Electric Generation Suppliers, EPA, EPCRA, Form R, Manufacturing Facilities

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EEOC Revises Controversial Proposed Rule on Pay Data Collection

On July 13, 2016, the Equal Employment Opportunity Commission (“EEOC”) announced its revised proposal to collect pay data through the Employer Information Report (EEO-1). The EEO-1 report is the joint information collection…more

Comment Period, Data Collection, EEO-1, EEOC, Equal Pay

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New Guidance on ITAR Registration in the Firearms Industry

The State Department has issued new policy guidance regarding the requirement for gunsmiths and others involved in the firearms industry to register with the State Department under Part 122 of the International Traffic In Arms…more

DDTC, Firearms, ITAR, Manufacturers, New Guidance

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Board Decision Ushers In New Era of The Unionized Temp

In an NLRB decision this week in the case of Miller & Anderson, Inc. and Tradesmen International and Sheet Metal Workers International Association, Local Union No. 19, AFL–CIO, the NLRB has made it easier for Unions to organize…more

Bargaining Units, Browning-Ferris Industries of California Inc., Collective Bargaining, Employees, Joint Employers

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USA FDI News - April 2016

USA FDI News highlights the FAQs arising from your projects - from how to finance a deal to selecting the right visa or tax strategy and more. We want to keep USA FDI News interactive and relevant to your international business…more

Affordable Care Act, Community Trademark, Cuba, Drinking Water, Economic Sanctions

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Nursing Facilities to Face Surveyors’ Review of Photo and Video Policies

The Centers for Medicare and Medicaid Services (CMS) this month took aim at the unauthorized taking and sharing of photos and videos – including through social media – in nursing facilities. In response to media reports and…more

CMS, Health Care Providers, Nursing Homes, Patient Privacy Rights, Photographs

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[Event] Spring 2016 Tax Forum - May 12th, 8:00 am, Richmond, VA

Please join us for the Spring Tax Forum to be held at the Williams Mullen Center on Thursday, May 12, 2016. Topics Include: Contributions of Property to a Partnership: An Analysis of Section 704(c) Methods Part II:…more

Events, Federal Taxes, Local Taxes, State Taxes

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Williams Mullen Construction Industry Newsletter - Spring/Summer 2014

In This Issue: - CGL Insurance & Defects - No Sure Thing - Contract Quicksand - The Nuclear Option - Federal Contractors - Excerpt from CGL Insurance & Defects: Does Your Insurance Cover…more

Commercial General Liability Policies, Construction Contracts, Construction Workers, Contractors, Federal Contractors

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Williams Mullen Government Relations 2014 General Elections Report

The midterm elections in North Carolina generated an immense amount of voter interest, media attention, and spending by third party groups. An overwhelming number of voters turned out, with a record 2.9 million votes cast,…more

Election Results

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Contact

Williams Mullen Center
200 South 10th Street, Suite 1600
Richmond, VA 23219, United States

  • 804.420.6000
  • 804.420.6507

Areas of Practice
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Locations
Other U.S. Locations
  • D.C.
  • North Carolina
  • South Carolina
  • Virginia
Number of Attorneys

100+ Attorneys

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