Dickinson Wright

Attorney

Latest Publications

John Anderson, Sr.

Automotive Legal News - May 2013 • 2nd Quarter

IN THE ISSUE: - The Legal Challenge to the SEC’s Conflict Minerals Reporting Regulations: In the 2010 Dodd-Frank Act, the United States Congress required, inter alia, the SEC to promulgate regulations requiring…more

Attorney-Client Privilege, Automotive Industry, Conflict Mineral Rules, Dodd-Frank, Email

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Michael N. Atlas

Supreme Court of Canada Upholds Priority for DIP Lenders in CCAA Proceedings

Overview - On February 1, 2013, the Supreme Court of Canada (the “SCC”) affirmed the priority granted to Debtor-In-Possession (“DIP”) lenders who provide capital to debtor companies undergoing the restructuring process…more

Chapter 11, Constructive Trusts, Debtors-in-Possession, Fiduciary Duty, Indalex

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Paul Bain

Intellectual Property Legal News - June 3, 2013 • Volume 1, Number 3

In This Issue: - CANADA’S LONG-AWAITED COPYRIGHT MODERNIZATION TAKES EFFECT: To much fanfare and after years of debate and consultation, the government of Canada passed the most important reforms to Canadian…more

Canada, Copyright Modernization Act, Exhaustion Doctrine, First Sale Doctrine, Infringement

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Brian Balow

The HIPAA “Omnibus” Final Rule Part II - Revisions to Business Associate Definition, Liability and Obligations, Certain Individual Rights, and Implementation of GINA.

The United States Department of Health and Human Services (the “Department” or “HHS”) issued the “Omnibus” Final Rule (the “Final Rule”) on January 17th, 2013. The Final Rule contains long-awaited rules and clarifications…more

Business Associates, GINA, HHS, HIPAA, HIPAA Omnibus Rule

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Karolyn Bignotti

Health Care Legal News - January 31, 2013 • Volume 3, Number 1

In This Issue: - SPECIAL EDITION ON THE HIPAA OMNIBUS FINAL RULE PART I - REVISIONS TO THE RULES ON BREACH NOTIFICATION - FINAL RULE REQUIRES GROUP HEALTH PLANS AND PROVIDERS TO UPDATE THEIR NOTICE OF PRIVACY PRACTICES…more

Data Breach, Disclosure Requirements, HIPAA, HIPAA Omnibus Rule, HITECH

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John Blattner

Brandmarking: Thoughts On The Creation, Protection, And Enforcement Of Brand Identity - June 4, 2013 • Volume 2, Number 1

In This Issue: - DON’T FALL FOR THIS CHINESE DOMAIN NAME SCAM: Sooner or later (probably sooner – I’ve seen a flurry of these recently), someone in your organization is going to get an ominous-sounding email…more

Boston Bombings, Domain Names, Email, Golf

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James M. Burns

Automotive Legal News - May 2013 • 2nd Quarter

IN THE ISSUE: - The Legal Challenge to the SEC’s Conflict Minerals Reporting Regulations: In the 2010 Dodd-Frank Act, the United States Congress required, inter alia, the SEC to promulgate regulations requiring…more

Attorney-Client Privilege, Automotive Industry, Conflict Mineral Rules, Dodd-Frank, Email

See All Updates »

Rodney Butler

The HIPAA “Omnibus” Final Rule Part II - Revisions to Business Associate Definition, Liability and Obligations, Certain Individual Rights, and Implementation of GINA.

The United States Department of Health and Human Services (the “Department” or “HHS”) issued the “Omnibus” Final Rule (the “Final Rule”) on January 17th, 2013. The Final Rule contains long-awaited rules and clarifications…more

Business Associates, GINA, HHS, HIPAA, HIPAA Omnibus Rule

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Lisa Corne

Supreme Court of Canada Upholds Priority for DIP Lenders in CCAA Proceedings

Overview - On February 1, 2013, the Supreme Court of Canada (the “SCC”) affirmed the priority granted to Debtor-In-Possession (“DIP”) lenders who provide capital to debtor companies undergoing the restructuring process…more

Chapter 11, Constructive Trusts, Debtors-in-Possession, Fiduciary Duty, Indalex

See All Updates »

Joan Ellis

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most significant…more

America Invents Act, Apple, DNA, First-to-File, First-to-Invent

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Peter Ellsworth

Gaming Legal News - January 9, 2013 • Volume 6, Number 1

In This Issue: - DICKINSON WRIGHT EXPANDS ITS PRESENCE IN PHOENIX THROUGH COMBINATION WITH MARISCAL, WEEKS, MCINTYRE & FRIEDLANDER, P.A., ADDING LEADING INDIAN LAW ATTORNEY: Dickinson Wright PLLC, with offices in…more

Gaming, Gaming Equipment, Licenses, Manufacturers, Slot Machines

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M. Reid Estes, Jr.

Successor Liability Under The FLSA: Seventh Circuit Holds Purchaser Of Assets From Receiver Of Company Which Had Violated FLSA Liable Despite “Free And Clear” Nature Of Sale

In a case which is sure to complicate the sale of companies (or discrete divisions thereof) and have widespread influence in other Circuits, the Seventh Circuit recently held that a company which acquired the assets (not stock)…more

Asset Purchaser, Auction, FLSA, Successor Liability

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Autumn Gentry

Tennessee Insurance Legal News - February 2013 • Volume 2, Number 1

In This Issue: - AUTO REPAIR TRADE ASSOCIATION REQUESTS THAT DOJ INVESTIGATE THE USE OF MOST FAVORED NATION CLAUSES BY AUTO INSURERS: Over the last several years, the use of most favored nation clauses by health…more

Automotive Industry, Burden of Proof, Damages, DOJ, Health Insurance Exchanges

See All Updates »

Steven Gibson

Intellectual Property LEGAL NEWS - January 24, 2013 • Volume 1, Number 1

In This Issue: - FIGHTING COUNTERFEITS IN CHINA – LIGHT AT THE END OF THE TUNNEL? - FEDERAL CIRCUIT EXPANDS SCOPE OF INDUCED INFRINGEMENT FOR METHOD PATENTS - JURISDICTIONS SPLIT ON WHEN COPYRIGHT REGISTRATION…more

China, Copyright, Counterfeiting, Covered Business Method Patents, Damages

See All Updates »

Daniel Gosch

Recent Court Decisions Hold That The Absolute Priority Rule Still Protects Creditors Of Individual Chapter 11 Debtors

As the economic recovery continues to wind along through the up and down financial cycles that have been the hallmark of the last four years, there can be little doubt that some individuals historically on the higher end of the…more

Absolute Priority Rule, BAPCPA, Chapter 11, Debtors

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Deborah Grace

Penalties and Measuring Periods for Large Employers - How to Assess Potential Liability under the Affordable Care Act

Under the Affordable Care Act (“ACA”), a large employer is subject to penalties if it fails to offer to full-time employees and their dependents health coverage or if the coverage that it offers is not affordable or does not…more

Affordable Care Act, Employer Liability Issues, Essential Health Benefits, Full-Time Employees, Hour of Service

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Roberta Granadier

New Notice Requirements To Employees Regarding Health Insurance Exchanges And COBRA

All employers who employ one or more employees and are subject to the Fair Labor Standards Act (“FLSA”) must provide a new notice to employees no later than October 1, 2013 regarding the availability of health coverage under the…more

Affordable Care Act, COBRA, DOL, Employer Group Health Plans, FLSA

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Henry Grix

The American Taxpayer Relief Act of 2012 Stabilizes Federal Estate, Gift and Generation-skipping Transfer Tax Law

The American Taxpayer Relief Act of 2012 (the "2012 Act") — actually passed by Congress on January 1, 2013 — brings welcome stability to federal estate, gift and generation-skipping transfer tax law which has been in…more

American Taxpayer Relief Act, Charitable Rollover, Estate Tax, Fiscal Cliff, Generation-Skipping Transfer

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David Houston

NLRB Prevented From Requiring Employers To Post Notices

On Tuesday, May 7, 2013, a three Judge panel of the United States Court of Appeals for the District of Columbia Circuit Court unanimously rejected the National Labor Relations Board (NLRB) rule requiring private sector employers…more

Anti-Union Actions, Free Speech, NLRA, NLRB, Notice Requirements

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W. Eric Kay

The Accessibility for Ontarians with Disabilities Act

The Accessibility for Ontarians with Disabilities Act, 2005 (the "Act") was enacted in 2005. The Act recognizes "the history of discrimination against persons with disabilities in Ontario" and has, as its primary purpose,…more

Accessibility Rules, Compliance, Customer Service Standard, Disability, Discrimination

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Peter Kulick

Gaming Legal News - January 17, 2013 • Volume 6, Number 2

In This Issue: - I-GAMING IN THE UNITED STATES VERSION 2013: BACK TO THE STATES? Optimism had inched higher that the United States would shift its i-gaming policy from a prohibitory approach to allowing some form of…more

American Taxpayer Relief Act, DOJ, Fiscal Cliff, Gaming, I-Gaming

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John K. Lawrence

New Restrictions On Bank “Payday Loans”

Federal bank regulatory agencies have served notice that deposit advance products, sometimes known as bank “payday loans,” will soon be subject to significant new restrictions and heightened supervisory scrutiny. In coordinated…more

Compliance, Deposit Advances, Equal Credit Opportunity Act, FDIC, Federal Reserve

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Judith Fertel Layne

The American Taxpayer Relief Act of 2012 Stabilizes Federal Estate, Gift and Generation-skipping Transfer Tax Law

The American Taxpayer Relief Act of 2012 (the "2012 Act") — actually passed by Congress on January 1, 2013 — brings welcome stability to federal estate, gift and generation-skipping transfer tax law which has been in…more

American Taxpayer Relief Act, Charitable Rollover, Estate Tax, Fiscal Cliff, Generation-Skipping Transfer

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Ralph Levy, Jr.

Health Care Legal News - November 28, 2012 • Volume 2, Number 10

In This Issue: - Medicare Finalizes 2013 Physician Payment Schedule - Ohio Court Rules That A Court CAnnot Compel A Terminated Employee To Return PHI To The Former Employer - Insurer’s Antitrust Action AGainst…more

CMS, HIPAA, Medicare, Physician Fee Schedule

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Michael D. Lipton

Gaming Legal News - March 22, 2013 • Volume 6, Number 7

In This Issue: - “NO MORE BETS”: ONTARIO COURT OF APPEAL DISMISSES “FLOATING BALL”1 CASE: “The process of removing a floating ball from the wheel, declaring a ‘nospin’, and rendering all bets void has no…more

Breach of Contract, Casinos, Gambling, Misrepresentation, Negligence

See All Updates »

Tatiana Melnik

Health Care Legal News - November 28, 2012 • Volume 2, Number 10

In This Issue: - Medicare Finalizes 2013 Physician Payment Schedule - Ohio Court Rules That A Court CAnnot Compel A Terminated Employee To Return PHI To The Former Employer - Insurer’s Antitrust Action AGainst…more

CMS, HIPAA, Medicare, Physician Fee Schedule

See All Updates »

Chris Mitchell

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most significant…more

America Invents Act, Apple, DNA, First-to-File, First-to-Invent

See All Updates »

Cynthia Moore

The HIPAA “Omnibus” Final Rule Part II - Revisions to Business Associate Definition, Liability and Obligations, Certain Individual Rights, and Implementation of GINA.

The United States Department of Health and Human Services (the “Department” or “HHS”) issued the “Omnibus” Final Rule (the “Final Rule”) on January 17th, 2013. The Final Rule contains long-awaited rules and clarifications…more

Business Associates, GINA, HHS, HIPAA, HIPAA Omnibus Rule

See All Updates »

Peter Pang

Intellectual Property LEGAL NEWS - January 24, 2013 • Volume 1, Number 1

In This Issue: - FIGHTING COUNTERFEITS IN CHINA – LIGHT AT THE END OF THE TUNNEL? - FEDERAL CIRCUIT EXPANDS SCOPE OF INDUCED INFRINGEMENT FOR METHOD PATENTS - JURISDICTIONS SPLIT ON WHEN COPYRIGHT REGISTRATION…more

China, Copyright, Counterfeiting, Covered Business Method Patents, Damages

See All Updates »

Steven Parks

Intellectual Property LEGAL NEWS - January 24, 2013 • Volume 1, Number 1

In This Issue: - FIGHTING COUNTERFEITS IN CHINA – LIGHT AT THE END OF THE TUNNEL? - FEDERAL CIRCUIT EXPANDS SCOPE OF INDUCED INFRINGEMENT FOR METHOD PATENTS - JURISDICTIONS SPLIT ON WHEN COPYRIGHT REGISTRATION…more

China, Copyright, Counterfeiting, Covered Business Method Patents, Damages

See All Updates »

James B. Perry

NLRB Prevented From Requiring Employers To Post Notices

On Tuesday, May 7, 2013, a three Judge panel of the United States Court of Appeals for the District of Columbia Circuit Court unanimously rejected the National Labor Relations Board (NLRB) rule requiring private sector employers…more

Anti-Union Actions, Free Speech, NLRA, NLRB, Notice Requirements

See All Updates »

Randy Pistor

Health Care Legal News - January 31, 2013 • Volume 3, Number 1

In This Issue: - SPECIAL EDITION ON THE HIPAA OMNIBUS FINAL RULE PART I - REVISIONS TO THE RULES ON BREACH NOTIFICATION - FINAL RULE REQUIRES GROUP HEALTH PLANS AND PROVIDERS TO UPDATE THEIR NOTICE OF PRIVACY PRACTICES…more

Data Breach, Disclosure Requirements, HIPAA, HIPAA Omnibus Rule, HITECH

See All Updates »

David Preger

Supreme Court of Canada Upholds Priority for DIP Lenders in CCAA Proceedings

Overview - On February 1, 2013, the Supreme Court of Canada (the “SCC”) affirmed the priority granted to Debtor-In-Possession (“DIP”) lenders who provide capital to debtor companies undergoing the restructuring process…more

Chapter 11, Constructive Trusts, Debtors-in-Possession, Fiduciary Duty, Indalex

See All Updates »

Mary Neil Price

HMDA … Are you ready to submit?

Many of us in banking were glad to see 2012 come to a close and hopeful for a better 2013. To the extent that better means fewer regulatory issues, now is the time to prepare your bank’s Home Mortgage Disclosure Act (“HMDA”)…more

Action Codes, CRA, FFIEC, Geocoding, Government Monitoring Information

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H. Jonathan Redway

Intellectual Property LEGAL NEWS - March 22, 2013 • Volume 1, Number 2

In This Issue: - AMERICA INVENTS ACT FINAL IMPLEMENTATION: FROM FIRST-TO-INVENT TO FIRST-TO-FILE: The America Invents Act (“AIA”), which went into effect September 16, 2011, introduces some of the most significant…more

America Invents Act, Apple, DNA, First-to-File, First-to-Invent

See All Updates »

Scott Roberts

Michigan Court Extends Physician-Patient Privilege To Apply To Any Entity That Obtains Protected Medical Information From A Doctor

On March 12, 2013, the Michigan Court of Appeals in Meier v. Awaad, No. 310808, held that the Michigan Department of Community Health (“MDCH”) could utilize the state’s physician-patient privilege to protect against disclosure…more

PHI, Physician-Patient Privilege, Physicians, Privileged Testimony

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Kimberly Ruppel

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

In This Issue: - Supreme Court Update: Where Plan Reimbursement Or Recovery Terms Are Ambiguous Or Silent,Equitable Doctrines May Fill The Gaps: US Airways, Inc. v. McCutchen, 569 U.S. ___ (2013). In an opinion…more

CIGNA, Class Action, Class Certification, Disability, Disability Benefits

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Jordan Schreier

Final Regulations Issued On Nondiscriminatory Wellness Programs – New Rules For Outcome-Based Programs

On May 29, 2013, the Departments of Labor, Treasury and Health and Human Services released final regulations on nondiscriminatory wellness programs in group health plan coverage. The regulations largely follow the proposed…more

ADA, ADEA, Affordable Care Act, DOL, EEOC

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W. Stuart Scott

Gaming Legal News - February 13, 2013 • Volume 6, Number 4

In This Issue: - DOLLARS IN, DOLLARS OUT: DOES IT MAKE “CENTS” FOR TENNESSEE TO FURTHER LEGALIZE GAMBLING IN THE STATE? Uniquely situated in the mid-south, the state of Tennessee and its “three grand divisions,” or…more

Casinos, Gambling, Gaming Commissions, Gaming Control Boards, Gaming Revenues

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Ryan M. Shannon

Gaming Legal News - June 13, 2013 • Volume 6, Number 13

In This Issue: - RICHARD KALM REAPPOINTED MGCB EXECUTIVE DIRECTOR: Richard Kalm, whose appointment as Executive Director of the Michigan Gaming Control Board was set to expire this year, has been appointed by…more

Casinos, Gambling, Gaming, Revenue

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Andrew Skinner

The Accessibility for Ontarians with Disabilities Act

The Accessibility for Ontarians with Disabilities Act, 2005 (the "Act") was enacted in 2005. The Act recognizes "the history of discrimination against persons with disabilities in Ontario" and has, as its primary purpose,…more

Accessibility Rules, Compliance, Customer Service Standard, Disability, Discrimination

See All Updates »

Matthew Snider

Intellectual Property Legal News - June 3, 2013 • Volume 1, Number 3

In This Issue: - CANADA’S LONG-AWAITED COPYRIGHT MODERNIZATION TAKES EFFECT: To much fanfare and after years of debate and consultation, the government of Canada passed the most important reforms to Canadian…more

Canada, Copyright Modernization Act, Exhaustion Doctrine, First Sale Doctrine, Infringement

See All Updates »

M. Kimberly Stagg

Automotive Legal News - May 2013 • 2nd Quarter

IN THE ISSUE: - The Legal Challenge to the SEC’s Conflict Minerals Reporting Regulations: In the 2010 Dodd-Frank Act, the United States Congress required, inter alia, the SEC to promulgate regulations requiring…more

Attorney-Client Privilege, Automotive Industry, Conflict Mineral Rules, Dodd-Frank, Email

See All Updates »

Robert Stocker

Gaming Legal News - June 13, 2013 • Volume 6, Number 13

In This Issue: - RICHARD KALM REAPPOINTED MGCB EXECUTIVE DIRECTOR: Richard Kalm, whose appointment as Executive Director of the Michigan Gaming Control Board was set to expire this year, has been appointed by…more

Casinos, Gambling, Gaming, Revenue

See All Updates »

Larry Stringer

Immigration Law Alert - April 2013

A number of current immigration matters deserve your attention and consideration: 1. USCBP Announces the Advent of the Paperless Form I-94 for Air and Sea Arrivals, Effective April 26, 2013. 2. Immigration Reform –…more

Customs and Border Protection, Form I-94, H1-B, I-9, Immigration Reform

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Patrick Sullivan

Gaming Legal News - May 23, 2013 • Volume 6, Number 12

In This Issue: - NINTH CIRCUIT DEMANDS INTERIOR EXPLAIN GLENDALE TRUST DECISION: The U.S. Court of Appeals for the Ninth Circuit has required the Secretary of the Interior to reconsider a decision to accept an…more

Casinos, Department of the Interior, Gambling, Revenue, Tribal Lands

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Jack Tadman

Gaming Legal News - March 22, 2013 • Volume 6, Number 7

In This Issue: - “NO MORE BETS”: ONTARIO COURT OF APPEAL DISMISSES “FLOATING BALL”1 CASE: “The process of removing a floating ball from the wheel, declaring a ‘nospin’, and rendering all bets void has no…more

Breach of Contract, Casinos, Gambling, Misrepresentation, Negligence

See All Updates »

Kelly Telfeyan

Tennessee Insurance Legal News - February 2013 • Volume 2, Number 1

In This Issue: - AUTO REPAIR TRADE ASSOCIATION REQUESTS THAT DOJ INVESTIGATE THE USE OF MOST FAVORED NATION CLAUSES BY AUTO INSURERS: Over the last several years, the use of most favored nation clauses by health…more

Automotive Industry, Burden of Proof, Damages, DOJ, Health Insurance Exchanges

See All Updates »

Kevin J. Weber

Gaming Legal News - March 22, 2013 • Volume 6, Number 7

In This Issue: - “NO MORE BETS”: ONTARIO COURT OF APPEAL DISMISSES “FLOATING BALL”1 CASE: “The process of removing a floating ball from the wheel, declaring a ‘nospin’, and rendering all bets void has no…more

Breach of Contract, Casinos, Gambling, Misrepresentation, Negligence

See All Updates »

Michael Weinczok

Supreme Court of Canada Upholds Priority for DIP Lenders in CCAA Proceedings

Overview - On February 1, 2013, the Supreme Court of Canada (the “SCC”) affirmed the priority granted to Debtor-In-Possession (“DIP”) lenders who provide capital to debtor companies undergoing the restructuring process…more

Chapter 11, Constructive Trusts, Debtors-in-Possession, Fiduciary Duty, Indalex

See All Updates »

Adam Wenner

DOJ Antitrust Division Continues To Pursue Employers Engaged in Efforts to Restrict Employee Job Change

On November 16, the DOJ Antitrust Division filed an antitrust action against eBay, alleging that "[s]enior executives at eBay and Intuit entered into an evolving ‘handshake’ agreement . . . [that] prohibited either company from…more

Adobe, DOJ, eBay, Employee Solicitation, Intuit

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Dennis J. Whittlesey

Gaming Legal News - April 24, 2013 • Volume 6, Number 11

In This Issue: - THE MASSACHUSETTS MUDDLE: WHAT DOES IT MEAN FOR THE MASHPEE WAMPANOAG? The Mashpee Wampanoag casino project planned for the town of Taunton in southeastern Massachusetts received a major setback…more

Casinos, Certifications, Compliance, Final Rules, Gaming Commissions

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Richard Wilhelm

Automotive Legal News - May 2013 • 2nd Quarter

IN THE ISSUE: - The Legal Challenge to the SEC’s Conflict Minerals Reporting Regulations: In the 2010 Dodd-Frank Act, the United States Congress required, inter alia, the SEC to promulgate regulations requiring…more

Attorney-Client Privilege, Automotive Industry, Conflict Mineral Rules, Dodd-Frank, Email

See All Updates »

Rose Willis

Health Care Legal News - January 31, 2013 • Volume 3, Number 1

In This Issue: - SPECIAL EDITION ON THE HIPAA OMNIBUS FINAL RULE PART I - REVISIONS TO THE RULES ON BREACH NOTIFICATION - FINAL RULE REQUIRES GROUP HEALTH PLANS AND PROVIDERS TO UPDATE THEIR NOTICE OF PRIVACY PRACTICES…more

Data Breach, Disclosure Requirements, HIPAA, HIPAA Omnibus Rule, HITECH

See All Updates »

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