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Attorney	Latest Publications
Michael Abrams	Florida Legislature 2013 Pre-Session Report The Florida Legislature will begin its 60 day annual regular session of passing new laws and regulations on March 5, 2013 and conclude on May 2, 2013. The major legislative issue areas the Florida Legislature will consider in…more Affordable Care Act, Citizens Property Insurance Corporation, Corporate Taxes, Healthcare, Medicaid	See All Updates »
Matthew Aho	Cuba Practice Update -- May 16, 2013 Law to Punish Companies with Cuba Ties Struck Down - Last week, the 11th U.S. Circuit Court of Appeals in Miami declared unconstitutional a 2012 Florida law intended to prevent foreign companies with ties to Cuba — or…more Amended Legislation, Economic Development, Golf Courses	See All Updates »
Beth Alcalde	Are You Considering Conditioning A Job Offer On An Agreement That The Applicant's Disabled Dependent Won't Enroll In The Health Plan? Don't. Traditional employment laws often interact with traditional employee benefit laws. One such example is the Americans with Disabilities Act (ADA)'s impact on employer-sponsored group health plans. As group health plan costs…more ADA, Affordable Care Act, Conditional Job Offers, Disability, Disability Discrimination	See All Updates »
Jacqueline Arango	What To Do If The Feds Come Knocking At Your Door! Your employee handbook likely addresses, in great detail, the do's and don'ts of using the internet while at the office, guidance on HIPAA, and even the company's policy on sexual harassment, but does it provide any instruction…more DOJ, False Claims Act, Fraud, Healthcare, Investigations	See All Updates »
Elina Basham	OSHA Announces Whistleblower Protections Under The Affordable Care Act The Affordable Care Act (ACA)'s whistleblower provisions may present a hazard for unsuspecting employers. On February 27, 2013, the Department of Labor's Occupational Safety and Health Administration (OSHA) released an interim…more Adverse Employment Action, Affordable Care Act, FLSA, Healthcare, OSHA	See All Updates »
Ashleigh Bhole	The Supreme Court Holds That Employers Mooting Named Plaintiff's Claim Also Moot FLSA Collective Action On April 16, 2012, in Genesis Healthcare Corp. v. Symczyk, No. 11-1059, the Supreme Court held that when a FLSA plaintiff's claim becomes moot prior to a conditional certification of a collective action, the entire action itself…more Collective Actions, FLSA, Genesis HealthCare, Genesis Healthcare Corp. v. Symczyk, Mootness	See All Updates »
Jarrett Bingemann	Approval of $1.375 million in EPA Fines Highlights Importance of Commercial Property Owners Complying with Environmental Reporting Obligations On January 3, 2013, the Environmental Appeals Board approved an administrative settlement that requires New Cingular Wireless PCS to pay a total of $1.375 million in fines and environmental projects for alleged violations of the…more Clean Air Act, Clean Water Act, EPA, EPCRA, Fines	See All Updates »
Richard Bowers	Out-of-State Children Supporting Elderly Parents May Be Subject to New York Residency Tax In a split decision (3-2), the New York State Appellate Division, in In the Matter of John Gaied v. NYS Tax Appeals Tribunal (App. Div. 12/27/2012), upheld the ruling of the New York State Tax Appeals Tribunal that a taxpayer…more Documentation, Real Estate Investments, Residence Taxes, Residency Status	See All Updates »
Marshall Burack	OIG Approves Co-Management Arrangement Hospitals across the country have been actively seeking to align physician interests with the interests of the hospital, in order to provide high quality patient care in a more coordinated and efficient manner. Many hospitals…more Anti-Kickback Statute, Civil Monetary Penalty, Co-Management, Hospitals, OIG	See All Updates »
Jeffrey Cook	Supreme Court Update: Two Securities Law Decisions This Week, and Another to Come The United States Supreme Court has taken a keen interest in the securities arena this current term, agreeing to hear at least three cases (of only approximately 70 in total). This week, the Supreme Court announced decisions in…more Amgen, Amgen Inc. v Connecticut Retirement Plans, Chadbourne & Parke LLP v Troice, Civil Monetary Penalty, Class Action	See All Updates »
Martin Dix	Florida Legislative Session 2013: Healthcare Summary The 2013 Florida Legislative Session concluded on May 3, 2013. The following is a partial summary of healthcare-related bills that may impact your business or practice. Note that some of these bills have become law, but others…more	See All Updates »
Christopher Duke	Think Your Company's Confidential Information Is Safe? Think Again! Password encrypted computers, locked file drawers, swipe cards allowing for restricted access. These are all measures taken by businesses to protect their confidential business information and trade secrets. While these steps…more Confidential Information, Non-Compete Agreements, Restrictive Covenants, Trade Secrets	See All Updates »
Pedro Freyre	Cuba Practice Update -- May 16, 2013 Law to Punish Companies with Cuba Ties Struck Down - Last week, the 11th U.S. Circuit Court of Appeals in Miami declared unconstitutional a 2012 Florida law intended to prevent foreign companies with ties to Cuba — or…more Amended Legislation, Economic Development, Golf Courses	See All Updates »
Julie Gallagher	Federal Appeals Court Sides With HIPAA Over Florida Law in "Catch 22" Case Over the Release of Deceased Patient Records by Nursing Homes As we first reported in December 2011, it's a common scenario: A Florida nursing home resident dies, and his or her spouse, surrogate, proxy, or attorney requests the resident's medical records. However, if the nursing home…more Healthcare, HIPAA, Medical Records, Nursing Homes, PHI	See All Updates »
Michael Gennett	New Medicare Regulations Require Face-to-Face Physician Encounters for DME Products On November 16, 2012, the Centers for Medicare & Medicaid Services ("CMS") published a final rule making various changes to payment policies under the Physician Fee Schedule. Included in this rule is a new requirement that…more CMS, Durable Medical Equipment, Physician Fee Schedule	See All Updates »
Ari H. Gerstin	The High Cost of Paying Physicians for Referrals: Tuomey Healthcare System Faces Penalties of up to $357 Million On May 8, 2013, a jury sitting in the U.S. District Court for South Carolina found that Tuomey Healthcare System, Inc. violated the Stark Law and the False Claims Act (FCA) by illegally paying referring physicians. The jury…more False Claims Act, Penalties, Physician Payments, Physicians, Stark Law	See All Updates »
Jonathan E. Gopman	I.R.S. Issues FATCA Final Regulations On January 17, 2013, the IRS released final regulations for the Foreign Account Tax Compliance Act ("FATCA") to be effective on January 28, 2013. Enacted by Congress in 2010, FATCA targets non-compliant U.S. taxpayers using…more FATCA, Foreign Banks, Foreign Financial Accounts, IRS	See All Updates »
Eric Gordon	Tweet, Follow, Or Get Out Of The Way: What All Employers Need To Know About Social Media In The Workplace Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media in the workplace has become a fact of life for all employers. Companies are learning that these once feared social media sites can be powerful marketing…more Facebook, Google, Hiring & Firing, Job Applicants, NLRA	See All Updates »
Steven Grigas	Florida Legislative Session 2013: Healthcare Summary The 2013 Florida Legislative Session concluded on May 3, 2013. The following is a partial summary of healthcare-related bills that may impact your business or practice. Note that some of these bills have become law, but others…more	See All Updates »
Elizabeth F. Hodge	The High Cost of Paying Physicians for Referrals: Tuomey Healthcare System Faces Penalties of up to $357 Million On May 8, 2013, a jury sitting in the U.S. District Court for South Carolina found that Tuomey Healthcare System, Inc. violated the Stark Law and the False Claims Act (FCA) by illegally paying referring physicians. The jury…more False Claims Act, Penalties, Physician Payments, Physicians, Stark Law	See All Updates »
Laura Holm	Highlights of the Government's New FCPA Resource Guide The United States Department of Justice ("DOJ") and the Securities and Exchange Commission ("SEC") recently released the long awaited joint guidance on the Foreign Corrupt Practices Act ("FCPA") in the form of a 130 page…more Bribery, Compliance, DOJ, FCPA, FCPA Resource Guide	See All Updates »
Valerie Hubbard	Don't Miss the December 31, 2012 Deadline for a Two-Year Extension Under House Bill 503 There have been a multitude of development approval extensions available over the past few years. The deadlines for taking advantage of most of these opportunities have passed. The deadline for exercising the remaining two-year…more Development Approval Extensions	See All Updates »
Carolyn Kershner	Health Care Reform: Recent Guidance on "Play or Pay" Rules for Applicable Large Employers in 2014 Many important aspects of the Patient Protection and Affordable Care Act ("ACA") will go into effect in 2014, including the implementation of health insurance exchanges, and the requirement for certain employers to offer certain…more Affiliates, Affordable Care Act, Employer Group Health Plans, Health Insurance Exchanges, IRS	See All Updates »
Arlene Kline	Latest Developments Under The FMLA There is some very interesting news in the world of the Family and Medical Leave Act (FMLA)! The Family and Medical Leave Act is a federal law enacted by President Clinton that entitles eligible employees of covered employers…more Flight Crews, FMLA, Military Caregiver Leave, Military Service Members	See All Updates »
Heather MacDougall	OSHA Has Been Hard At Work - Will You Be Ready If OSHA Knocks At Your Door? A look at a recent speech given by OSHA's Assistant Secretary, David Michaels, Ph.D., provides employers with insight into what agency touts as successes over the past several years and its vision for the year ahead. Addressing…more Healthcare Professionals, OSHA, Safety Precautions, Temporary Employees, Whistleblower Protection Policies	See All Updates »
Augusto Maxwell	Cuba Practice Update -- May 16, 2013 Law to Punish Companies with Cuba Ties Struck Down - Last week, the 11th U.S. Circuit Court of Appeals in Miami declared unconstitutional a 2012 Florida law intended to prevent foreign companies with ties to Cuba — or…more Amended Legislation, Economic Development, Golf Courses	See All Updates »
Elysa R. Merlin	I.R.S. Issues FATCA Final Regulations On January 17, 2013, the IRS released final regulations for the Foreign Account Tax Compliance Act ("FATCA") to be effective on January 28, 2013. Enacted by Congress in 2010, FATCA targets non-compliant U.S. taxpayers using…more FATCA, Foreign Banks, Foreign Financial Accounts, IRS	See All Updates »
Brian Miller	Supreme Court Update: Two Securities Law Decisions This Week, and Another to Come The United States Supreme Court has taken a keen interest in the securities arena this current term, agreeing to hear at least three cases (of only approximately 70 in total). This week, the Supreme Court announced decisions in…more Amgen, Amgen Inc. v Connecticut Retirement Plans, Chadbourne & Parke LLP v Troice, Civil Monetary Penalty, Class Action	See All Updates »
Ian L. Minkin	Employee Benefits Update: Recent Updates and Year End Tasks As the end of the year approaches, employers and plan sponsors of certain retirement plans, health and welfare plans and deferred compensation arrangements have a number of year-end tasks and deadlines. Failure to comply with…more Employee Benefits	See All Updates »
Robyn Neely	Approval of $1.375 million in EPA Fines Highlights Importance of Commercial Property Owners Complying with Environmental Reporting Obligations On January 3, 2013, the Environmental Appeals Board approved an administrative settlement that requires New Cingular Wireless PCS to pay a total of $1.375 million in fines and environmental projects for alleged violations of the…more Clean Air Act, Clean Water Act, EPA, EPCRA, Fines	See All Updates »
Felicia Leborgne Nowels	Medical Devices To Be Taxed: Manufacturers and Importers Be Prepared Beginning January 1, 2013, manufacturers, producers, and importers of medical devices must report and pay a 2.3% excise tax on the sales price of taxable medical device pursuant to Section 4191 of the Internal Revenue Code…more Excise Tax, FDA, FDCA, Imports, IRS	See All Updates »
Eric Olson	Out-of-State Children Supporting Elderly Parents May Be Subject to New York Residency Tax In a split decision (3-2), the New York State Appellate Division, in In the Matter of John Gaied v. NYS Tax Appeals Tribunal (App. Div. 12/27/2012), upheld the ruling of the New York State Tax Appeals Tribunal that a taxpayer…more Documentation, Real Estate Investments, Residence Taxes, Residency Status	See All Updates »
Bruce Platt	Florida Legislative Session 2013: Healthcare Summary The 2013 Florida Legislative Session concluded on May 3, 2013. The following is a partial summary of healthcare-related bills that may impact your business or practice. Note that some of these bills have become law, but others…more	See All Updates »
Leanne Reagan	Health Care Reform: Recent Guidance on "Play or Pay" Rules for Applicable Large Employers in 2014 Many important aspects of the Patient Protection and Affordable Care Act ("ACA") will go into effect in 2014, including the implementation of health insurance exchanges, and the requirement for certain employers to offer certain…more Affiliates, Affordable Care Act, Employer Group Health Plans, Health Insurance Exchanges, IRS	See All Updates »
Nefertari S. Rigsby	"My Prior Complaint Was One Of The Reasons For The Adverse Employment Action": Mixed Motive Theories For Retaliation Claims Under Title VII Recently, the Supreme Court heard oral arguments in University of Texas Southwestern Medical Center v. Nassar, which addresses the causation standard for retaliation claims under Title VII. The Supreme Court has already held…more Adverse Employment Action, Mixed Motive Cases, Retaliation, Title VII	See All Updates »
David Roberts	Florida Legislature 2013 Pre-Session Report The Florida Legislature will begin its 60 day annual regular session of passing new laws and regulations on March 5, 2013 and conclude on May 2, 2013. The major legislative issue areas the Florida Legislature will consider in…more Affordable Care Act, Citizens Property Insurance Corporation, Corporate Taxes, Healthcare, Medicaid	See All Updates »
Monica Rodriguez	Florida Legislature 2013 Pre-Session Report The Florida Legislature will begin its 60 day annual regular session of passing new laws and regulations on March 5, 2013 and conclude on May 2, 2013. The major legislative issue areas the Florida Legislature will consider in…more Affordable Care Act, Citizens Property Insurance Corporation, Corporate Taxes, Healthcare, Medicaid	See All Updates »
Sheryl D. Rosen	Florida Legislative Session 2013: Healthcare Summary The 2013 Florida Legislative Session concluded on May 3, 2013. The following is a partial summary of healthcare-related bills that may impact your business or practice. Note that some of these bills have become law, but others…more	See All Updates »
Carl Roston	Purchase Price Adjustments: How True is Your True-Up? A substantial majority of acquisitions involving private targets include uncapped post-closing purchase price adjustments, or "true ups," tied to the target's balance sheet. Since a target's value typically is assessed based on…more Asset Valuations, Indemnification, Letters of Intent, Purchase Price, True-Ups	See All Updates »
Rachel Rudensky	U.S. Supreme Court Allows Wily Gray-Market Imports The U.S. Supreme Court has settled the long-open question of whether U.S. copyright holders can prevent the importation of gray market products in Tuesday's decision Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. _____, No…more Copyright, Exports, First Sale Doctrine, Grey Market, Imports	See All Updates »
Barbara E. Ruiz-Gonzalez	I.R.S. Issues FATCA Final Regulations On January 17, 2013, the IRS released final regulations for the Foreign Account Tax Compliance Act ("FATCA") to be effective on January 28, 2013. Enacted by Congress in 2010, FATCA targets non-compliant U.S. taxpayers using…more FATCA, Foreign Banks, Foreign Financial Accounts, IRS	See All Updates »
Peter E. Salomon	Employee Benefits Update: Recent Updates and Year End Tasks As the end of the year approaches, employers and plan sponsors of certain retirement plans, health and welfare plans and deferred compensation arrangements have a number of year-end tasks and deadlines. Failure to comply with…more Employee Benefits	See All Updates »
Andrew Schwartz	Florida Adopts New Limited Liability Company Act - The New Act Makes Florida a More Desirable Location for Business Owners During the recently completed legislative session, the Florida Legislature unanimously adopted CS/SB 1300, which is a complete re-write of Florida's limited liability company statute. The new limited liability company act (the…more Corporate Dissolution, Corporate Governance, LLC, New Legislation, Operating Agreements	See All Updates »
Philip Schwartz	Florida Adopts New Limited Liability Company Act - The New Act Makes Florida a More Desirable Location for Business Owners During the recently completed legislative session, the Florida Legislature unanimously adopted CS/SB 1300, which is a complete re-write of Florida's limited liability company statute. The new limited liability company act (the…more Corporate Dissolution, Corporate Governance, LLC, New Legislation, Operating Agreements	See All Updates »
Richard Sharpstein	What To Do If The Feds Come Knocking At Your Door! Your employee handbook likely addresses, in great detail, the do's and don'ts of using the internet while at the office, guidance on HIPAA, and even the company's policy on sexual harassment, but does it provide any instruction…more DOJ, False Claims Act, Fraud, Healthcare, Investigations	See All Updates »
Scott T. Silverman	Florida's Unemployment Process Violates The ADA - Warning For Employers Florida's requirement that applicants for unemployment insurance apply over the Internet and take an online skills test discriminated against the disabled, because they could not easily access the computerized process, according…more ADA, Applications, DOL, Unemployment, Unemployment Insurance	See All Updates »
Sherwin P. Simmons, II	I.R.S. Issues FATCA Final Regulations On January 17, 2013, the IRS released final regulations for the Foreign Account Tax Compliance Act ("FATCA") to be effective on January 28, 2013. Enacted by Congress in 2010, FATCA targets non-compliant U.S. taxpayers using…more FATCA, Foreign Banks, Foreign Financial Accounts, IRS	See All Updates »
Robert E. Slavkin	The Federal Government Issues Proposed Regulations for the Affordable Care Act On November 20, 2012, the United States Department of Health and Human Services (DHHS), Center for Medicare and Medicaid Services (CMS) published proposed rules to implement several key areas of the Affordable Care Act (ACA)…more CMS, EHB, HHS	See All Updates »
Richard D. Tuschman	When Bad Things Happen To Good Employers: An Equal Employment Opportunity Update I've had many clients tell me they can't believe they're being sued for discrimination. They tell me they treat their employees fairly, that they're not bigoted, that they would never discriminate against employees on the basis…more Disability Discrimination, Discrimination, EEOC, Pregnancy Discrimination, Race Discrimination	See All Updates »
Ken Wiggins	Purchase Price Adjustments: How True is Your True-Up? A substantial majority of acquisitions involving private targets include uncapped post-closing purchase price adjustments, or "true ups," tied to the target's balance sheet. Since a target's value typically is assessed based on…more Asset Valuations, Indemnification, Letters of Intent, Purchase Price, True-Ups	See All Updates »
Melissa Zinkil	So You Extended An Employment Offer To The Ideal Applicant. Now What? After months of sorting through applications, you find what appears to be the perfect applicant. His application boasts excellent academic credentials, unmatched work experience, and countless awards and accolades. His…more Criminal Background Checks, Hiring & Firing, Job Applicants	See All Updates »

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