Manatt, Phelps & Phillips, LLP

How to Protect Yourself Against Surprise Parties to Contracts

If a party breaches a contract, under classic contract law, typically only the parties to the agreement have the right to enforce its terms. Yet courts are increasingly granting third parties the right to enforce a contract,…more

Breach of Contract, Construction Contracts, Construction Defects, Third-Party Beneficiaries

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DoD, GSA, NASA: New Contract Proposal Registration Rule

Friday morning, May 20, 2016, the Department of Defense, the General Services Administration, and NASA issued a proposed rule to clarify that prospective government contractors must register with the System for Award Management…more

Department of Defense (DOD), Federal Acquisition Regulations (FAR), Federal Contractors, FEMA, Government Service Administration (GSA)

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Insurance Law -- Nov 19, 2012: New York Department of Financial Services Offices Closed Due to Hurricane Sandy

The offices of the New York Department of Financial Services in downtown Manhattan have been closed due to damage to the building resulting from Hurricane Sandy. It is currently anticipated that the office at State Street, which…more

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Enhanced Infrastructure Financing Districts: New Hope for Cities and Counties

On September 29, 2014, Governor Jerry Brown signed into law Senate Bill 628 (Chapter 785) which provides a mechanism for cities and counties to form Enhanced Infrastructure Financing Districts (EIFDs) to divert property tax…more

Infrastructure, Jerry Brown, Municipalities, New Legislation, Property Tax

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Manatt on Medicaid: A New Focus on Managed Long-Term Services and Supports

Background - On April 25, 2016, the Centers for Medicare and Medicaid Services (CMS) released its final rule to overhaul the regulations governing Medicaid managed care (MMC). MMC has evolved significantly since the rules…more

CHIP, CMS, Long-Term Care, Managed Care Contracts, Medicaid

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FTC Maintains Aggressive Stance Against Pay-for-Delay Deals

A recent complaint filed by the Federal Trade Commission (FTC) indicates that the agency is continuing its aggressive pursuit of agreements between drug manufacturers that delay the entry of generic pharmaceuticals into the…more

ANDA, Disgorgement, FDA, FTC, Generic Drugs

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Health Update - March 2016

Liberating Data to Enable Healthcare Market Transparency: A Guide for Regulators and Policymakers - Editor's Note: We are on the cusp of a transparency revolution in which consumers will have the data and tools to make…more

Affordable Care Act, Antitrust Immunity, Cybersecurity, Hospital Mergers, Hospitals

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Tweaking FAQs on Brokered Deposits, FDIC Seeks Public Input

Why it matters The Federal Deposit Insurance Corporation (FDIC) is proposing to update its Frequently Asked Questions (FAQs) on identifying, accepting, and reporting brokered deposits, and is requesting public comment on…more

Banking Sector, Brokered Deposits, Comment Period, FDIC, Financial Institutions

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Manatt Digital - July 2016

A message from our Chair: We are pleased to bring you this month's newsletter as the first edition under our new brand—"Manatt Digital." Our new name, which replaces Manatt Digital Media, is reflective of our increasingly…more

Advertising, Artificial Intelligence, Digital Media, Disclosure Requirements, FTC

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Manatt on Medicaid: Observations from New York's DSRIP Implementation

Editor's note: Medicaid is the largest healthcare payer in virtually every state. States are increasingly leveraging that position to drive payment and delivery system reform efforts. One powerful tool to enable transformation…more

Affordable Care Act, CMS, DSRIP, Medicaid

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Estimated State Budget Impact of an Oklahoma SoonerCare Expansion

Estimated State Budget Impact of an Oklahoma SoonerCare Expansion - In 2012, the United States Supreme Court ruled that the Medicaid expansion authorized by the Affordable Care Act (ACA) was optional. That is, each state…more

Affordable Care Act, Federal Funding, Medicaid Expansion, State Budgets

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Health Care Update - December 2014 #4

Let’s Get to Work: OIG Releases 2015 Work Plan, Focusing on Long-Term Care and Health Reform - The U.S. Department of Health and Human Services (HHS)--Office of Inspector General (OIG) released its 2015 Work Plan (Work…more

Affordable Care Act, Healthcare, OIG, Work Plans

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Manatt on Medicaid: 10 Trends to Watch in 2016

Medicaid continues to gain scale and importance nationally – as both the leading source of health coverage for Americans, and as a change agent within the healthcare marketplace. With the number of Americans obtaining…more

Affordable Care Act, Health Insurance, Managed Care Contracts, Medicaid, Medicaid Expansion

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Employment Law - May 2016 #2

Defend Trade Secrets Act Becomes Law - Why it matters - Passed by an overwhelming majority of the federal legislature, the Defend Trade Secrets Act (DTSA) became law with President Barack Obama's signature on May 11,…more

ALJ, Defend Trade Secrets Act (DTSA), DOL, EEOC, Employee Handbooks

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Hungry? Fed Says “Menu of Options” Necessary for Recovery Planning

The Federal Reserve Board released supervisory expectations for recovery planning governing the largest United States bank holding companies in a new supervisory letter…more

Bank Holding Company, Banks, Federal Reserve, Recovery Plans

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Intellectual Property Law - February 2016

Both Sides Claim Victory in ITC Ruling re Converse's "Chuck Taylors" - Why it matters: On November 17, 2015, an International Trade Commission judge issued an initial ruling in In the Matter of Certain Footwear Products,…more

B&B Hardware v Hargis Industries, Claim Construction, Cuozzo Speed Technologies v Lee, DC Comics, Disparagement

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Manatt on Medicaid: CMS Revises Process for Determining MMC Payments

In its April 25, 2016 Medicaid managed care final rule, the Centers for Medicare and Medicaid Services (CMS) provides a revised framework for determining how managed care plans should be paid by state Medicaid programs. A…more

Actuarial Values, CMS, Health Care Providers, Managed Care Contracts, Medicaid

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Supreme Court Allows Challenges to Section 404 Jurisdictional Determinations

U.S. Army Corps of Engineers v. Hawkes Co., Inc., No. 15-290 (May 31, 2016) - Why It Matters: The U.S. Supreme Court unanimously concluded that property owners who are required to obtain Clean Water Act (CWA) Section 404…more

Administrative Appeals, Administrative Procedure Act, Clean Water Act, EPA, Final Judgment

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Manatt on Medicaid: Observations from New York's DSRIP Implementation

Editor's note: Medicaid is the largest healthcare payer in virtually every state. States are increasingly leveraging that position to drive payment and delivery system reform efforts. One powerful tool to enable transformation…more

Affordable Care Act, CMS, DSRIP, Medicaid

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Congress Takes the FAST Lane to Important Securities Reforms

On December 4, 2015, the President signed the Fixing America's Surface Transportation Act, better known as the FAST Act, which had been approved by a bipartisan Congress. The FAST Act (also referred to in the media as the…more

Emerging Growth Companies, Financial Statements, Fixing America’s Surface Transportation Act (FAST Act), Registration Statement, Resale Exemption

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Healthcare Law -- Aug 19, 2013

As the Healthcare Landscape Shifts, Four Issues Are Critical to Build Effective Market Access Strategies - In this time of high growth and fast change for the healthcare industry, pharmaceutical, biotechnology and medical…more

Affordable Care Act, Biotechnology, Compliance, False Claims Act (FCA), Fraud

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Health Care Update - December 2014 #4

Let’s Get to Work: OIG Releases 2015 Work Plan, Focusing on Long-Term Care and Health Reform - The U.S. Department of Health and Human Services (HHS)--Office of Inspector General (OIG) released its 2015 Work Plan (Work…more

Affordable Care Act, Healthcare, OIG, Work Plans

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2015 Digital Media Year in Review

Yes, it's that time of year again. Nostalgia and reflection time—taking a look at this past year in digital media. Nearly one year ago, Manatt Digital Media CEO Peter Csathy made several predictions for TechCrunch in an article…more

Comcast, Digital Media, Facebook, Joint Venture, Online Videos

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The Elevator Speech Overview

The House and Senate were both in session this week. The White House reported Tuesday that 7.1 million people signed up for health insurance under the Affordable Care Act, meeting their original target for enrollment before the…more

Affordable Care Act, Federal Budget, Federal Election Commission (FEC), Healthcare, Healthcare Reform

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Manatt on Medicaid: Beneficiary Support and Enrollment Requirements

On April 25, 2016, the Centers for Medicare and Medicaid Services (CMS) released its final rule that significantly overhauls regulations governing Medicaid managed care. The final rule establishes new requirements for providing…more

Beneficiaries, CHIP, CMS, Enrollment, Medicaid

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Estimated State Budget Impact of an Oklahoma SoonerCare Expansion

Estimated State Budget Impact of an Oklahoma SoonerCare Expansion - In 2012, the United States Supreme Court ruled that the Medicaid expansion authorized by the Affordable Care Act (ACA) was optional. That is, each state…more

Affordable Care Act, Federal Funding, Medicaid Expansion, State Budgets

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Health Update - June 2015

Examining Fee Splitting Statutes in the Context of Value-Based Healthcare - Editor’s note: One of the goals of the Affordable Care Act (ACA) is to align incentives among provider communities and their patients and partners…more

Affordable Care Act, Cardinal Health, Fee-Splitting, FTC, Hospital Mergers

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Insurance Recovery Law - May 2016

AG's Letter a Prior "Demand," Eliminates Exec's Defense - Why it matters - A letter stating that a government entity "may" bring an enforcement action against the policyholder if it did not "voluntarily" cease…more

Breach of Contract, Insurance Industry, Liability Insurance, No-Voluntary-Payments Clause

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Manatt Digital - July 2016

A message from our Chair: We are pleased to bring you this month's newsletter as the first edition under our new brand—"Manatt Digital." Our new name, which replaces Manatt Digital Media, is reflective of our increasingly…more

Advertising, Artificial Intelligence, Digital Media, Disclosure Requirements, FTC

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Manatt Digital Media - August 2015

So You Want Music in Your Video: 5 Things to Remember so You Don't Get Sued - Last month we received a call from a woman who made an unassuming video of her daughter's wedding and added her favorite song as the musical bed…more

Copyright, Copyright Infringement, Digital Downloads, Music, Music Streaming

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Manatt on Medicaid: Transparency and Decision Support for Medicaid Managed Care Consumers

Editor's Note: This "Manatt on Medicaid" is the eighth in a series of updates focused on CMS's new Medicaid/CHIP managed care regulations. In the coming weeks, Manatt will be exploring key provisions of the regulations and…more

Affordable Care Act, CHIP, CMS, Federal Health Insurance Exchanges, Managed Care Contracts

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Pool and Spa Accessibility Requirements Take Effect on January 31

On January 31, 2013, the deadline for lodging facilities and other places of public accommodation to comply with new accessibility regulations for pools and spas takes effect. The regulations were issued by the Department of…more

Accessibility Rules, ADA, Hospitality Industry, Public Accommodation, Swimming Pools

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Are Regulatory Delays Exacerbating Drought Conditions?

As we enter the fall season, substantial portions of California and the Pacific Northwest are experiencing extreme to exceptional drought conditions. While conditions are better in Texas and other nearby states this year, large…more

CEQA, Climate Change, Desalination, Drought, Environmental Impact Report (EIR)

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Employment Law - May 2016 #2

Defend Trade Secrets Act Becomes Law - Why it matters - Passed by an overwhelming majority of the federal legislature, the Defend Trade Secrets Act (DTSA) became law with President Barack Obama's signature on May 11,…more

ALJ, Defend Trade Secrets Act (DTSA), DOL, EEOC, Employee Handbooks

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Supreme Court Opens Escape Path From CEQA Via Citizens Initiative – Tuolumne Jobs & Small Business Alliance v. Superior Court

Why it matters: Project proponents may avoid CEQA altogether by gathering sufficient voter signatures and then having the local City Council approve the proposed project, without submitting the measure to a vote of the people…more

CEQA, Environmental Impact Report (EIR), Environmental Policies, Environmental Review, Wal-Mart

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Real Estate and Land Use - January 2016

Using Project Objectives to Select a Reasonable Range of Alternatives - North Coast Rivers Alliance v. A.G. Kawamura (January 4, 2016) Third District Court of Appeal Case No. C072067 - Why It Matters: This opinion…more

Alter Ego, CEQA, Department of Agriculture, Environmental Impact Report (EIR), General Plan

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Mexican Healthcare System Challenges and Opportunities

Mexico’s healthcare system is underfunded and inadequately organized to meet the needs of its population in light of increasing longevity and the growing challenges created by the prevalence of noncommunicable diseases such as…more

Healthcare, Healthcare Reform, Mexico

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Health Care Update - December 2014 #4

Let’s Get to Work: OIG Releases 2015 Work Plan, Focusing on Long-Term Care and Health Reform - The U.S. Department of Health and Human Services (HHS)--Office of Inspector General (OIG) released its 2015 Work Plan (Work…more

Affordable Care Act, Healthcare, OIG, Work Plans

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CMS Creates Clarity and Confusion on Application of Fraud and Abuse Laws to Qualified Health Plans

On October 30, 2013, U.S. Department of Health and Human Services (HHS) Secretary Kathleen Sebelius sent a letter to U.S. Representative Jim McDermott stating that HHS does not consider qualified health plans (QHPs) sold through…more

Affordable Care Act, Anti-Kickback Statute, CMS, Fraud and Abuse, HHS

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Manatt Digital - June 2016

In this newsletter, we examine what's new in media as it relates to the Chinese market with specific emphasis on VR, Hollywood, and the ongoing digital transition…more

Broadband, China, Digital Data, Digital Media, E-Commerce

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Insurance Recovery Law - December 2015

Court Rejects Attempt to Broaden "Employer's Liability" Exclusion, Requiring Coverage - Why it matters: A New York federal court recently ruled that an "Employer's Liability" exclusion in a CGL policy applies only when an…more

Ambiguous, Commercial General Liability Policies, Condition Precedent, Construction Defects, Denial of Insurance Coverage

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Supreme Court Holds for Plaintiff on Rule 68 Issue, but Suggests Alternatives for Mootness

In a 6-3 decision on January 20, the U.S. Supreme Court provided clarity regarding the impact of Rule 68 offers of judgment and settlement offers in class actions by issuing its eagerly awaited decision in Campbell-Ewald Co. v…more

Campbell Ewald v Gomez, Class Action, Class Representatives, Genesis Healthcare Corp. v. Symczyk, Mootness

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Mexico's Upcoming Energy Reform: Opportunities, Limitations, and Challenges

Mexico's hydrocarbons sector will not be overhauled under Mexico's new President Enrique Peña Nieto to the point of the State losing ownership and control of the resource, but reforms that offer new business opportunities are…more

Hydrocarbons, Oil & Gas, Refineries

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Ringing in the New Year with Revised Estate and Gift Tax Laws

Congress has averted the so-called fiscal cliff by passing the "American Taxpayer Relief Act of 2012" (the "Act") on January 1, 2013, which President Obama signed into law the following day. The good news is we finally have…more

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

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Kurwa v. Kislinger: California Supreme Court Holds No End-Run Around the "One Final Judgment Rule" By Means of Voluntary Dismissals

Under California's "one final judgment rule," a judgment that fails to dispose of all the causes of action pending between the parties is generally not appealable. (Code Civ. Proc., § 904.1, subd. (a); Morehart v. County of…more

Final Judgment, Voluntary Dismissals

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Manatt Digital Media - June 2015

VR—Power, Potential, Risks . . . - Earlier this month, I moderated a VR and augmented reality (AR) panel at the SLUSH Future Brunch, hosted by organizers of Helsinki’s “must know” SLUSH digital media and tech conference…more

Startups, Technology, Virtual Reality

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Regulators Caution Banks About CRE Lending

Why it matters - In a statement expressing concern about the growth of commercial real estate (CRE) lending, the federal banking agencies stressed the need to utilize "prudent risk-management practices." The Board of the…more

Commercial Real Estate Market, FDIC, Federal Reserve, Financial Institutions, Lending

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Health Update - February 2016

Better Late Than Never: CMS Provides Much-Needed Clarity on the 60-Day Overpayment Refund Requirements - On February 12, 2016, the Centers for Medicare & Medicaid Services (CMS) issued the long-awaited final rule (Final…more

60-Day Rule, ACOs, Affordable Care Act, Antitrust Violations, Certificate of Need

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Health Update - June 2016

Real-Time Data Analytics in Government Investigations and Reducing Exposure - It is not every day that the words “innovative” and “nimble” are used when referring to an agency of the federal government bureaucracy. Yet,…more

ACOs, Affordable Care Act, CMS, DOJ, FTC

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FFIEC Warns of Cyber Attacks

The Federal Financial Institutions Examination Council (FFIEC) reiterated the importance of banks protecting themselves from cyber attacks in a newly issued statement, urging financial institutions to "actively manage the risks…more

Banks, Cyber Attacks, Cybersecurity, FFIEC, Financial Institutions

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Manatt on Medicaid: Massachusetts Releases Details on Forthcoming DSRIP Waiver Proposal

Medicaid Accountable Care Organizations - On April 14, 2016, the Massachusetts Executive Office of Health and Human Services released new details on a proposed restructuring of the MassHealth (Massachusetts Medicaid)…more

ACOs, CMS, DSRIP, HHS, MCOs

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Intellectual Property Law - April 2016

The Supreme Court Hears Oral Argument Regarding the Standard for Awarding Enhanced Damages in Patent Cases - Why it matters: The U.S. Supreme Court is reviewing the standard for awarding "enhanced" damages in patent cases…more

Anti-SLAPP, Copyright Infringement, First Amendment, First Sale Doctrine, Lexmark

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Sneak Peek: The Future of California’s Cap and Trade

Few government pronouncements are as highly guarded or anticipated as details of a California Air Resources Board (ARB or Board) Cap and Trade amendment package. It may sound wonky, and Janet Yellen may disagree, but…more

California Air Resources Board, Cap-and-Trade, Carbon Auctions, Clean Power Plan, Climate Change

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CEQA “Modernization”: Taking the Reform Out of CEQA Reform

Earlier this year, we reported on Senate President Pro Tem Darrell Steinberg's CEQA modernization bill, SB 731. As the legislative session nears its end, SB 731 has again been amended - most recently on August 6 - and is…more

CEQA, Environmental Policies, Proposed Legislation

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Real Estate and Land Use - February 2016

New Draft CEQA Guidelines Evaluating Transportation Impacts—Level of Service No Longer Considered to Be an Environmental Impact - The Governor's Office of Planning and Research (OPR) was mandated by SB 743 in 2013 to revise…more

Affiliates, Alter Ego, Attorney's Fees, CEQA, Environmental Impact Report (EIR)

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Health Update - May 2016

Actions to Advance Infant and Early Childhood Mental Health - Editor's Note: Children's earliest experiences—both positive and negative—impact their brain formation and in turn their social and emotional, physical,…more

ERISA, FTC, Gobeille v Liberty Mutual Insurance Com., Health Insurance, Long-Term Care

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Manatt Digital Media - May 2016

In this newsletter, we hear from Jacob Carlson on the latest M&A happenings in the world of Media and Entertainment, with particular attention to hot-button issues such as VR/AR, live streaming, and eSports. Viewed collectively,…more

Acquisition Agreements, China, Comcast, DreamWorks, NFL

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Insurance Recovery Law - May 2016

AG's Letter a Prior "Demand," Eliminates Exec's Defense - Why it matters - A letter stating that a government entity "may" bring an enforcement action against the policyholder if it did not "voluntarily" cease…more

Breach of Contract, Insurance Industry, Liability Insurance, No-Voluntary-Payments Clause

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Manatt on Medicaid: Leveraging MMC Contracts to Advance Reforms

Editor's Note: This “Manatt on Medicaid” is the fourth in a series of updates focused on CMS’s new Medicaid/CHIP managed care regulations. In the coming weeks, Manatt will be exploring key provisions of the regulations and…more

CHIP, CMS, Healthcare, Managed Care Contracts, Medicaid

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Congress Approves Export of U.S. Crude Oil

On December 18, President Obama signed into law HR 2029, the Consolidated Appropriations Act of 2016, the so-called Omnibus Appropriations bill. This $1.15 trillion measure funded the Federal Government through FY 2016. Included…more

Consolidated Appropriations Act, Crude Oil, Exports, Obama Administration, Oil & Gas

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Manatt on Medicaid: State Strategies for Integrating Physical and Behavioral Health Services in a Changing Medicaid Environment

Medicaid plays a central role in financing mental health and substance use disorder (SUD) services, accounting for 26 percent of all spending on behavioral health services in this country. Medicaid beneficiaries with behavioral…more

Clinically Integrated Networks (CINs), Healthcare, Medicaid, Mental Health, Substance Abuse

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New Basis Reporting Requirements for Executors and Others Who File Estate Tax Returns

Statutes imposing new reporting requirements on executors and others who file estate tax returns were tacked onto a transportation and veteran's healthcare bill passed by Congress and signed into law last July. The new…more

Estate Tax, Executors, IRS, Reporting Requirements, Tax Returns

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How Dry You’ll Be: California Adopts Regulations for Mandatory Water Conservation

As California enters another summer under severe drought conditions, regulators are taking steps to encourage significant reductions in water usage. After years of a “carrot” approach, Californians may start seeing the “stick.”…more

Drought, Executive Orders, Jerry Brown, New Regulations, Water Conservation

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Retail and Consumer Products Law Roundup - March 2016

Regulatory Whack-a-Mole: A Renewed Focus on Non-Hazardous Waste Recycling - Why it matters - In part due to a string of high-profile enforcements in multiple states, retailers by and large have evaluated the need to…more

COLA, Comparative Advertising, DOL, EEOC, False Advertising

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SEC Approves NYSE and NASDAQ Rules on Compensation Committees and Advisers

The Securities and Exchange Commission has approved new listing requirements promulgated by the New York Stock Exchange and the NASDAQ Stock Market relating to the composition and oversight provided by compensation committees…more

Compensation Committee, Independence Rules, Investment Adviser, Listing Standards, Nasdaq

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EPA Releases Draft Assessment of Potential Hydraulic Fracturing Impacts on Drinking Water Resources

On June 4, 2015, the U.S. Environmental Protection Agency (EPA) released a draft of its highly anticipated study, Assessment of the Potential Impacts of Hydraulic Fracturing for Oil and Gas on Drinking Water Resources (the…more

Drinking Water, EPA, Fracking, Groundwater, Oil & Gas

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Health Update - June 2016

Real-Time Data Analytics in Government Investigations and Reducing Exposure - It is not every day that the words “innovative” and “nimble” are used when referring to an agency of the federal government bureaucracy. Yet,…more

ACOs, Affordable Care Act, CMS, DOJ, FTC

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Health Update - May 2016

Actions to Advance Infant and Early Childhood Mental Health - Editor's Note: Children's earliest experiences—both positive and negative—impact their brain formation and in turn their social and emotional, physical,…more

ERISA, FTC, Gobeille v Liberty Mutual Insurance Com., Health Insurance, Long-Term Care

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Manatt on Medicaid: CMS Revises Process for Determining MMC Payments

In its April 25, 2016 Medicaid managed care final rule, the Centers for Medicare and Medicaid Services (CMS) provides a revised framework for determining how managed care plans should be paid by state Medicaid programs. A…more

Actuarial Values, CMS, Health Care Providers, Managed Care Contracts, Medicaid

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Advertising Law - May 2016 #3

Fake Subscription Notices, Real FTC Lawsuit - Fake subscription notices are the subject of a new lawsuit filed by the Federal Trade Commission in an Oregon federal court. The defendants, a web of dozens of companies,…more

Civil Forfeiture, Enforcement Actions, False Advertising, Food Labeling, FTC

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Retail and Consumer Products Law Roundup - June 2016

President Signs Legislation Modernizing Federal Chemical Regulation Law - Overhaul of Toxic Substances Control Act (TSCA) has important business implications for consumer product manufacturers and retailers…more

Article III, Breach Notification Rule, Chemicals, Class Action, Data Breach

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Intellectual Property Law - April 2016

The Supreme Court Hears Oral Argument Regarding the Standard for Awarding Enhanced Damages in Patent Cases - Why it matters: The U.S. Supreme Court is reviewing the standard for awarding "enhanced" damages in patent cases…more

Anti-SLAPP, Copyright Infringement, First Amendment, First Sale Doctrine, Lexmark

See All Updates »

Manatt on Medicaid: Observations from New York's DSRIP Implementation

Editor's note: Medicaid is the largest healthcare payer in virtually every state. States are increasingly leveraging that position to drive payment and delivery system reform efforts. One powerful tool to enable transformation…more

Affordable Care Act, CMS, DSRIP, Medicaid

See All Updates »

Health Update - March 2016

Liberating Data to Enable Healthcare Market Transparency: A Guide for Regulators and Policymakers - Editor's Note: We are on the cusp of a transparency revolution in which consumers will have the data and tools to make…more

Affordable Care Act, Antitrust Immunity, Cybersecurity, Hospital Mergers, Hospitals

See All Updates »

Manatt Digital - July 2016

A message from our Chair: We are pleased to bring you this month's newsletter as the first edition under our new brand—"Manatt Digital." Our new name, which replaces Manatt Digital Media, is reflective of our increasingly…more

Advertising, Artificial Intelligence, Digital Media, Disclosure Requirements, FTC

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EPA’s New Water Rule: Clarification or Power Grab?

The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corp of Engineers (Army Corp) just released the final rule providing guidance on which waters are considered “Navigable Waters of the United States” and thus…more

Clean Water Act, EPA, Federal Jurisdiction, New Regulations, Permits

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Manatt on Medicaid: Leveraging MMC Contracts to Advance Reforms

Editor's Note: This “Manatt on Medicaid” is the fourth in a series of updates focused on CMS’s new Medicaid/CHIP managed care regulations. In the coming weeks, Manatt will be exploring key provisions of the regulations and…more

CHIP, CMS, Healthcare, Managed Care Contracts, Medicaid

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PATH Act Amends FIRPTA

Congress enacted the Foreign Investment in Real Property Tax Act (FIRPTA) in 1980 to impose U.S. income tax on certain foreign persons that invest in United States real property interests (USRPI). The FIRPTA tax is collected…more

FIRPTA, Pensions, Protecting Americans from Tax Hikes (PATH) Act, REIT, RICs

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Health Update - June 2016

Real-Time Data Analytics in Government Investigations and Reducing Exposure - It is not every day that the words “innovative” and “nimble” are used when referring to an agency of the federal government bureaucracy. Yet,…more

ACOs, Affordable Care Act, CMS, DOJ, FTC

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Health Update - June 2015

Examining Fee Splitting Statutes in the Context of Value-Based Healthcare - Editor’s note: One of the goals of the Affordable Care Act (ACA) is to align incentives among provider communities and their patients and partners…more

Affordable Care Act, Cardinal Health, Fee-Splitting, FTC, Hospital Mergers

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Entertainment and Media Litigation Update - February 2016

Be Reasonable: The U.S. Supreme Court Agrees to Review the Standard for Awarding Attorneys' Fees to the Prevailing Party in Copyright Infringement Suits - Why it matters: On January 15, 2016, the U.S. Supreme Court granted…more

Attorney's Fees, Author's Guild v Google, Cable Operators, Certiorari, Contributory Infringement

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State Banking Regulators Issue Annual Report

What were state banking regulators focused on last year? A new report from the Conference of State Bank Supervisors (CSBS) reveals that state regulators "increased coordination and collaboration between state regulators and…more

Ability-to-Repay, Annual Reports, Banking Regulators, Banking Sector, Banks

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Health Update - April 2016 #2

How to Prepare for "Phase Two" HIPAA Compliance Audits: Tips on Getting Ready for Scrutiny - Editor's Note: Now that the Department of Health and Human Services (HHS) has announced that it is beginning the next round of…more

Affordable Care Act, HIPAA Audits, Hospitals, Joint Venture, NIST

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Manatt on Medicaid: CMS Approves Alabama's Delivery System Reform Waiver

On February 9, 2016, the Centers for Medicare and Medicaid Services (CMS) approved Alabama's request for a waiver under Section 1115 of the Social Security Act. The waiver enables the transition of the State's Medicaid delivery…more

CMS, Medicaid, Social Security Act, Waivers

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Health Update - March 2016

Liberating Data to Enable Healthcare Market Transparency: A Guide for Regulators and Policymakers - Editor's Note: We are on the cusp of a transparency revolution in which consumers will have the data and tools to make…more

Affordable Care Act, Antitrust Immunity, Cybersecurity, Hospital Mergers, Hospitals

See All Updates »

Advertising Law - May 2016 #3

Fake Subscription Notices, Real FTC Lawsuit - Fake subscription notices are the subject of a new lawsuit filed by the Federal Trade Commission in an Oregon federal court. The defendants, a web of dozens of companies,…more

Civil Forfeiture, Enforcement Actions, False Advertising, Food Labeling, FTC

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Estate Tax Portability: Panacea or Potential Peril?

In 2013, Congress made the estate tax portability rules permanent. Some predicted this would negate the need for advanced estate planning, but two years later, it is clear that portability is not a panacea even for smaller…more

Capital Gains, Estate Tax, Fair Market Value, Portability, Revocable Trusts

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Bank of America Wins Reversal of FIRREA $1.27B Penalty

A breach of contract is insufficient to also support a claim for fraud, the Second Circuit Court of Appeals has ruled, reversing a $1.2 billion verdict against Countrywide Home Loans in the process. What happened - The…more

Bank of America, Breach of Contract, Burden of Proof, Common Law Torts, Countrywide

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Real Estate and Land Use - March 2016

A Rare Win for Former Redevelopment Agencies—State Collection Procedures Ruled Unconstitutional - City of Bellflower v. Michael Cohen, Director of the Department of Finance (245 Cal. App. 4th 438) - Why It Matters:…more

CEQA, Environmental Impact Report (EIR), Real Estate Development, Redevelopment, Sales & Use Tax

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Estimated State Budget Impact of an Oklahoma SoonerCare Expansion

Estimated State Budget Impact of an Oklahoma SoonerCare Expansion - In 2012, the United States Supreme Court ruled that the Medicaid expansion authorized by the Affordable Care Act (ACA) was optional. That is, each state…more

Affordable Care Act, Federal Funding, Medicaid Expansion, State Budgets

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Eighth Circuit Refuses to Open Golden Parachute for Bank Exec

A new decision from the Eighth Circuit Court of Appeals reaffirms the challenge presented by the Federal Deposit Insurance Corporation (FDIC) "golden parachute" prohibitions for boards of directors of banks in "troubled…more

Administrative Review, Appeals, Banks, Board of Directors, Breach of Contract

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Real Estate and Land Use - March 2016

A Rare Win for Former Redevelopment Agencies—State Collection Procedures Ruled Unconstitutional - City of Bellflower v. Michael Cohen, Director of the Department of Finance (245 Cal. App. 4th 438) - Why It Matters:…more

CEQA, Environmental Impact Report (EIR), Real Estate Development, Redevelopment, Sales & Use Tax

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The Rewards of Crafting Explicit Earn-Out Provisions

Those of us involved in drafting M&A agreements spend a considerable amount of time vigilantly and artfully drafting certain contractual provisions to protect our client and ensure that our client receives the maximum rights and…more

Corporate Counsel, Covenant of Good Faith and Fair Dealing, Earn-Outs, Mergers, Young Lawyers

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Fraudulent Transfers Get an Update in California

Why it matters - With the enactment of the Uniform Voidable Transaction Act (UVTA) to supersede the Uniform Fraudulent Transfer Act (UFTA), California has put a fresh spin on the law of fraudulent transfers in the state…more

Burden of Proof, Choice-of-Law, Debtors, Fraudulent Transfers, Governor Brown

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Health Update - May 2016

Actions to Advance Infant and Early Childhood Mental Health - Editor's Note: Children's earliest experiences—both positive and negative—impact their brain formation and in turn their social and emotional, physical,…more

ERISA, FTC, Gobeille v Liberty Mutual Insurance Com., Health Insurance, Long-Term Care

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Properly Structured Sales and Marketing Programs for Condo Hotel Developers Are Imperative Under Salameh

Last month the Ninth Circuit Court of Appeals issued an important opinion that could establish a safe harbor to protect condominium hotels from being characterized as securities under federal and state securities laws. In…more

Condominiums, Hotels, Marketing, Sales, SEC

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Panel Calls For Litigation Reform To Address Patent Trolls

In a June 18, 2013, panel discussion titled “Trolls, Traders, and Wizards – Understanding the Market for Innovation,” the impact of the recently implemented America Invents Act (AIA), as well as the prospects for even more…more

America Invents Act, Cisco, Litigation Strategies, Patent Reform, Patent Trolls

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A New Year’s Resolution to Avoid Cyber Attacks: It Is Not IF but WHEN … Just Ask Target

On December 13, 2013, it was reported that Target was the victim of a successful cyber attack, resulting in the theft of personal financial information from up to 110 million Target credit card customers – the largest theft in…more

Credit Cards, Cyber Attacks, Cybersecurity, Data Protection, Hackers

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The New NYSE and Nasdaq Listing Standards: What Should Companies Be Doing?

It has been nearly two months since the NYSE and Nasdaq listing standards became effective that require compensation committees to assess the independence of their consultants, legal counsel and other advisors. Arising out of…more

Compensation Committee, Dodd-Frank, Listing Standards, Nasdaq, NYSE

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Partners Are Not Employees, Yet

Recently the IRS issued guidance in the form of temporary and proposed regulations clarifying that individuals who are partners in a partnership that itself owns a disregarded entity are not to be treated as employees of the…more

Disregarded Entities, Employee Benefits, Incentive Compensation, Internal Revenue Code (IRC), IRS

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Assets Held by Charitable Organizations Are Safe From Claims of Creditors in Bankruptcy Cases . . . Or Are They?

A charity, fulfilling its charitable mission, is successful in raising money for a variety of worthy projects - rebuilding after a natural disaster, medical education and care, summer camp experiences for disadvantaged children,…more

Charitable Organizations, Commercial Bankruptcy, Creditors, Debt Collection, Non-Profits

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New Basis Reporting Requirements for Executors and Others Who File Estate Tax Returns

Statutes imposing new reporting requirements on executors and others who file estate tax returns were tacked onto a transportation and veteran's healthcare bill passed by Congress and signed into law last July. The new…more

Estate Tax, Executors, IRS, Reporting Requirements, Tax Returns

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Big Picture—What Could We See in 2016?

The other shoe finally dropped last month when the Federal Reserve announced the first interest rate hike in seven years. Now in its 37th edition, "Emerging Trends in Real Estate 2016," the highly regarded annual report…more

Federal Reserve, Foreign Investment, Interest Rates, Real Estate Market

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Real Estate and Land Use - December 2015

Not Your First Rodeo—CEQA Exemption for Rodeo Event Upheld - Citizens for Environmental Responsibility v. State of California - Why It Matters: The Third District Court of Appeal upheld the use of a categorical…more

Affordable Housing, Berkeley Hillside v City of Berkeley, Categorical Exemptions, CEQA, Density Bonus

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Environmental Law - May 2016

The Quiet Evolution of Energy Regulation - Public attention to the energy industry over the past decade and more has focused on four issues: (1) the movement from fossil fuels to more emissions-friendly energy sources, (2)…more

Air Pollution, Cap-and-Trade, FERC, Low Carbon Fuel Standard, Regulatory Standards

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Employment Law - May 2016 #2

Defend Trade Secrets Act Becomes Law - Why it matters - Passed by an overwhelming majority of the federal legislature, the Defend Trade Secrets Act (DTSA) became law with President Barack Obama's signature on May 11,…more

ALJ, Defend Trade Secrets Act (DTSA), DOL, EEOC, Employee Handbooks

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Health Update - April 2015

Phoebe Putney: A Collision of Federal Antitrust and State Certificate of Need Laws - On March 31, 2015, the Federal Trade Commission (FTC) announced that it had entered into a consent agreement with Phoebe Putney Health…more

Anti-Competitive, FTC, FTC v. Phoebe Putney Health System, Hospital Mergers, Hospitals

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Health Update

Assessing the Medicare Shared Savings Program: Diverse Participants, Diverse Results - Rising healthcare costs and declining reimbursements have placed immense pressure on providers and health systems to manage the health…more

Affordable Care Act, Healthcare, Medicare, Shared Savings Program

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Health Update - May 2015

Building a Culture of Health: The Value Proposition of Retail Clinics - Editor’s Note: Since first emerging on the healthcare landscape more than 15 years ago, retail clinics have seen significant growth. There are now…more

Health Insurance, Healthcare, Healthcare Facilities, HIPAA, Medicaid

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Manatt on Medicaid: Supporting Medicaid Delivery System Transformation through Federal Waivers

States have long relied on Section 1115 Medicaid waivers to advance payment and delivery reforms in their Medicaid programs, including far-reaching managed care programs and innovative provider-led care management initiatives…more

CMS, DSRIP, Healthcare, Healthcare Reform, Medicaid

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Entertainment and Media Litigation Update - February 2016

Be Reasonable: The U.S. Supreme Court Agrees to Review the Standard for Awarding Attorneys' Fees to the Prevailing Party in Copyright Infringement Suits - Why it matters: On January 15, 2016, the U.S. Supreme Court granted…more

Attorney's Fees, Author's Guild v Google, Cable Operators, Certiorari, Contributory Infringement

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Salinas v. Texas: Anything You Don’t Say Might Be Used Against You...

On June 17, the U.S. Supreme Court issued a decision in Salinas v. Texas, 133 S. Ct. 2174 (2013). The defendant, Genovevo Salinas, had voluntarily accompanied police officers to their station for questioning about a double…more

Convictions, Criminal Prosecution, Fifth Amendment, Miranda Warnings, Right to Remain Silent

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The Built-In Gains Tax - S Corporations Are Gaining Ground

Many business owners are aware that, if a business is operated through a C corporation, the corporation pays tax on the profits and, when the profits are distributed to the shareholders in the form of dividends, the shareholders…more

C-Corporation, Capital Gains, Dividends, Protecting Americans from Tax Hikes (PATH) Act, S-Corporation

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Mexican Healthcare System Challenges and Opportunities

Mexico’s healthcare system is underfunded and inadequately organized to meet the needs of its population in light of increasing longevity and the growing challenges created by the prevalence of noncommunicable diseases such as…more

Healthcare, Healthcare Reform, Mexico

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Major Reforms in Telecommunications, Broadcasting, and Economic Competition Open New Investment Opportunities in Mexico

The excessive concentration and lack of economic competition in many sectors of the Mexican economy, especially in the realms of telecommunications and broadcasting, are well known. For decades politicians have been talking…more

Broadcasting, Competition, Foreign Investment, Monopolization, Telecommunications

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Assets Held by Charitable Organizations Are Safe From Claims of Creditors in Bankruptcy Cases . . . Or Are They?

A charity, fulfilling its charitable mission, is successful in raising money for a variety of worthy projects - rebuilding after a natural disaster, medical education and care, summer camp experiences for disadvantaged children,…more

Charitable Organizations, Commercial Bankruptcy, Creditors, Debt Collection, Non-Profits

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New Nonresidential Building Energy Use Disclosure Deadline Extended for Certain Buildings

The deadline for owners of nonresidential buildings that are between 5,000 and 10,000 square feet to comply with the Nonresidential Building Energy Use Disclosure Program has been extended from July 1, 2014, to July 1, 2016. The…more

Deadlines, Energy, Energy Efficiency, Energy Use Disclosure Requirements

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Retail and Consumer Products Law Roundup - March 2016

Regulatory Whack-a-Mole: A Renewed Focus on Non-Hazardous Waste Recycling - Why it matters - In part due to a string of high-profile enforcements in multiple states, retailers by and large have evaluated the need to…more

COLA, Comparative Advertising, DOL, EEOC, False Advertising

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Manatt on Medicaid: CMS Introduces Time-Limited MMC Supplemental Payments

Editor's Note: This Manatt on Medicaid is the third in a series of updates focused on CMS's new Medicaid/CHIP managed care regulations. In the coming weeks, Manatt will be exploring key provisions of the regulations and…more

CHIP, CMS, Final Rules, Healthcare Reform, Managed Care Contracts

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Proposal Made to the Knight Commission Re Alternative Regulatory Scheme for College Sport

The Knight Commission on Intercollegiate Athletics met in Washington, D.C. on May 19, 2015. Manatt’s Sports Law Practice Group Chair, Ron Katz, was invited to give a statement on alternative regulatory schemes for college sport…more

College Athletes, NCAA, School Sports

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Intellectual Property Law - April 2016

The Supreme Court Hears Oral Argument Regarding the Standard for Awarding Enhanced Damages in Patent Cases - Why it matters: The U.S. Supreme Court is reviewing the standard for awarding "enhanced" damages in patent cases…more

Anti-SLAPP, Copyright Infringement, First Amendment, First Sale Doctrine, Lexmark

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Manatt on Medicaid: CMS Approves California's Delivery System Reform Incentive Payment (DSRIP) Waiver Renewal

On December 30, 2015, the Centers for Medicare and Medicaid Services (CMS) approved California's request to renew its waiver under Section 1115 of the Social Security Act. A significant component of the waiver is the Delivery…more

Affordable Care Act, CMS, DSRIP, Hospitals, Medi-Cal

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Insurance Recovery Law - January 2016

Despite Finding Policy Application Misrepresentation, Jury Rules Against Policy Rescission - Why it matters: A federal jury concluded that Starr Surplus Lines Insurance Company did not have a valid basis to rescind the…more

Bad Faith, Breach of Contract, Breach of Duty, Competition, Covenant of Good Faith and Fair Dealing

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Partners Are Not Employees, Yet

Recently the IRS issued guidance in the form of temporary and proposed regulations clarifying that individuals who are partners in a partnership that itself owns a disregarded entity are not to be treated as employees of the…more

Disregarded Entities, Employee Benefits, Incentive Compensation, Internal Revenue Code (IRC), IRS

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Employment Law - May 2016 #2

Defend Trade Secrets Act Becomes Law - Why it matters - Passed by an overwhelming majority of the federal legislature, the Defend Trade Secrets Act (DTSA) became law with President Barack Obama's signature on May 11,…more

ALJ, Defend Trade Secrets Act (DTSA), DOL, EEOC, Employee Handbooks

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Manatt on Medicaid: CMS Clarifies Medicaid Managed Care Prescription Drug Access

Editor’s Note: This “Manatt on Medicaid” is the fifth in a series of updates focused on CMS’s new Medicaid/CHIP managed care regulations. In the coming weeks Manatt will continue to explore key provisions of the regulations and…more

CHIP, CMS, Fee-for-Service, Managed Care Contracts, Manufacturers

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Leveraging Government's Brief, Midland Pushes for Cert

Capitalizing on the government's position in its brief to the U.S. Supreme Court, Midland Funding filed a supplemental brief in support of its quest to have the justices overturn a Second Circuit Court of Appeals opinion…more

Banking Sector, Choice-of-Law, Credit Cards, Debt Buyers, Federal v State Law Application

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NLRB Ruling on Northwestern Football Players Highlights Need for Congressional Action on College Sports

In August, the National Labor Relations Board (NLRB or "the Board") unanimously ruled that it lacked jurisdiction to decide whether college football players at Northwestern University are "employees" under the National Labor…more

Big Ten Conference, Collective Bargaining, College Athletes, Colleges, Employees

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Manatt on Medicaid: Transparency and Decision Support for Medicaid Managed Care Consumers

Editor's Note: This "Manatt on Medicaid" is the eighth in a series of updates focused on CMS's new Medicaid/CHIP managed care regulations. In the coming weeks, Manatt will be exploring key provisions of the regulations and…more

Affordable Care Act, CHIP, CMS, Federal Health Insurance Exchanges, Managed Care Contracts

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California Water Bond Funding Will Begin to Flow

Two years ago, Californians voted to pass Proposition 1, a $7.5 billion general obligation bond, also known as the Water Quality, Supply, and Infrastructure Improvement Act of 2014. As part of developing a comprehensive water…more

Bonds, Groundwater, Storage Tanks, Water, Water Quality Supply and Infrastructure Improvement Act

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Simplified, Real-Time Verification Issue Brief

The Affordable Care Act (ACA) requires a coordinated and streamlined eligibility and enrollment process for all Insurance Affordability Programs (IAPs), including Medicaid, the Children’s Health Insurance Plan (CHIP), and…more

Affordable Care Act, CHIP, Eligibility, Health Insurance Exchanges, Healthcare

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Appellate Law -- Aug 06, 2013

In an opinion issued late last week, the California Supreme Court interpreted the Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 et seq. (the “UCL”), to allow a UCL unlawfulness claim based on a “borrowed” federal law,…more

Savings Clause, Supremacy Clause, Truth in Savings Act, Unfair Competition

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Intellectual Property Law - April 2016

The Supreme Court Hears Oral Argument Regarding the Standard for Awarding Enhanced Damages in Patent Cases - Why it matters: The U.S. Supreme Court is reviewing the standard for awarding "enhanced" damages in patent cases…more

Anti-SLAPP, Copyright Infringement, First Amendment, First Sale Doctrine, Lexmark

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Supreme Court Reaffirms Scope of CEQA Analysis in California Building Industry Association (CBIA) v. Bay Area Air Quality Management District (BAAQMD)

On December 17, 2015, a unanimous California Supreme Court reaffirmed that environmental analysis under the California Environmental Quality Act (CEQA) should be concerned with a project's impact on the environment, not the…more

Bay Area Air Quality Management District, CA Supreme Court, California Building Industry Association (CBIA), CEQA, Environmental Litigation

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Health Update - June 2016

Real-Time Data Analytics in Government Investigations and Reducing Exposure - It is not every day that the words “innovative” and “nimble” are used when referring to an agency of the federal government bureaucracy. Yet,…more

ACOs, Affordable Care Act, CMS, DOJ, FTC

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HIPAA Omnibus Rule Reshapes Landscape for Health Care Privacy, Security Compliance

Originally published in Health IT Law & Industry Report, on January 23, 2013. On Jan. 17, 2013, the Office for Civil Rights of the U.S. Department of Health and Human Services (‘‘HHS’’) issued a long-awaited omnibus rule…more

Business Associates, Data Protection, Electronic Medical Records, HHS, HIPAA

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Real Estate and Land Use - January 2016

Using Project Objectives to Select a Reasonable Range of Alternatives - North Coast Rivers Alliance v. A.G. Kawamura (January 4, 2016) Third District Court of Appeal Case No. C072067 - Why It Matters: This opinion…more

Alter Ego, CEQA, Department of Agriculture, Environmental Impact Report (EIR), General Plan

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Why You Should Continue to Pay Attention to PACE

With commercial property owners and tenants still seeking sustainable building designs that incorporate energy efficiency or green building features, Property Accessed Clean Energy (PACE) financing will continue to rightfully…more

Clean Energy, Commercial Leases, Commercial Property Owners, Commercial Tenants, Green Buildings

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As-Is Deals May Not Be so As-Is

To avoid litigation over mistaken or misinterpreted statements made in the course of negotiations, owners of real property rely on “as-is” and “independent investigation” clauses in their real estate contracts and leases…more

Corporate Counsel, Young Lawyers

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Ninth Circuit Holds That Provider Cannot Sue Nonsignatory Insurer for Breach of Contract

On October 10, 2014, the Ninth Circuit affirmed a grant of summary judgment in favor of Manatt client The MEGA Life and Health Insurance Company. In an unpublished memorandum opinion, the Ninth Circuit held that a health care…more

Breach of Contract, Health Insurance, Healthcare, Insurance Industry

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Employment Law - May 2016 #2

Defend Trade Secrets Act Becomes Law - Why it matters - Passed by an overwhelming majority of the federal legislature, the Defend Trade Secrets Act (DTSA) became law with President Barack Obama's signature on May 11,…more

ALJ, Defend Trade Secrets Act (DTSA), DOL, EEOC, Employee Handbooks

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Corporate Investigations & White Collar Defense - May 2016

Spotlight on the False Claims Act - Why it matters: This month we discuss two interesting court cases involving the False Claims Act (FCA). On April 19, 2016, the Supreme Court heard oral argument in Universal Health…more

CFTC, Corporate Counsel, DOJ, Enforcement Actions, False Claims Act (FCA)

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Manatt on Medicaid: Observations from New York's DSRIP Implementation

Editor's note: Medicaid is the largest healthcare payer in virtually every state. States are increasingly leveraging that position to drive payment and delivery system reform efforts. One powerful tool to enable transformation…more

Affordable Care Act, CMS, DSRIP, Medicaid

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CARB Cap and Trade Linkage Effort with Quebec Back on Track: Reopened Comment Period Ends January 23rd

California's cap and trade program, part of the AB 32 program to reduce greenhouse gas ("GHG") emissions, took effect on January 1, 2012. On January 1st of this year, the first cap and trade compliance period began. Now, the…more

Cap-and-Trade, CARB, Greenhouse Gas Emissions

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Paid Family Leave and $15 Minimum Wage Are Coming to New York

Why It Matters - On April 1, 2016 the New York State Legislature passed legislation that would raise the state minimum wage for all hourly wage workers in accordance with a prescribed schedule. Governor Andrew Cuomo signed…more

FMLA, Governor Cuomo, Minimum Wage, Paid Leave, Wage and Hour

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Health Update - September 2015

Latest Healthcare False Claims Act Roundup and Top 3 Best Practices to Reduce Exposure - As the legal landscape in healthcare becomes increasingly complex, healthcare companies that receive federal program funds face…more

Affordable Care Act, Amarin, Anti-Bribery, Anti-Competitive, Anti-Corruption

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California Voters Approve Tax Methodology Change to Benefit Energy Projects

On Tuesday, November 6, 2012, California voters approved Proposition 39-THE CALIFORNIA CLEAN ENERGY JOBS ACT. Proposition 39 changes the way taxes are assessed for companies with multistate operations. This change is projected…more

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Manatt on Marketplaces: Vermont Posts State Innovation Proposal to Waive SHOP Requirement

Vermont posted a draft 1332 waiver proposal for public comment on February 8, 2016. Vermont proposes to eliminate the ACA requirement that small employers enroll through a Small Business Health Options Program (SHOP) web portal…more

Affordable Care Act, CMS, Enrollment, Public Comment, Public Health Insurance Marketplace

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Health Update - June 2016

Real-Time Data Analytics in Government Investigations and Reducing Exposure - It is not every day that the words “innovative” and “nimble” are used when referring to an agency of the federal government bureaucracy. Yet,…more

ACOs, Affordable Care Act, CMS, DOJ, FTC

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New Year's Day Federal Tax Legislation

On January 1, 2013, the House and Senate approved the American Taxpayer Relief Act of 2012 (H.R. 8, as amended by the Senate) (the "2012 Tax Relief Act"). The 2012 Tax Relief Act, signed into law by President Obama on…more

Alternative Minimum Tax, American Taxpayer Relief Act, Estate Tax, Fiscal Cliff, Gift-Tax Exemption

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Study: TRID Rules Have Increased Costs, Decreased Product Offerings

What kind of impact have the Truth in Lending Act/Real Estate Settlement Procedures Act Integrated Disclosure (TRID) requirements had on banks? According to a new study conducted by the American Bankers Association (ABA), the…more

American Bankers Association, Banking Sector, CFPB, Consumer Lenders, TILA-RESPA Integrated Disclosure Rule (TRID)

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Insurance Law -- Nov 19, 2012: New York Department of Financial Services Offices Closed Due to Hurricane Sandy

The offices of the New York Department of Financial Services in downtown Manhattan have been closed due to damage to the building resulting from Hurricane Sandy. It is currently anticipated that the office at State Street, which…more

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Employment Law - May 2016 #2

Defend Trade Secrets Act Becomes Law - Why it matters - Passed by an overwhelming majority of the federal legislature, the Defend Trade Secrets Act (DTSA) became law with President Barack Obama's signature on May 11,…more

ALJ, Defend Trade Secrets Act (DTSA), DOL, EEOC, Employee Handbooks

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Real Estate and Land Use - September 2015

Substance Over Form—A Refreshing Application of CEQA Analysis: City of Irvine v. County of Orange (2015) 283 Cal.App.4th 526 - Why It Matters: The Court of Appeal in City of Irvine v. County of Orange elaborated upon…more

Abuse of Process, CEQA, Conversion, Environmental Impact Report (EIR), General Plan

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Ninth Circuit Holds That Provider Cannot Sue Nonsignatory Insurer for Breach of Contract

On October 10, 2014, the Ninth Circuit affirmed a grant of summary judgment in favor of Manatt client The MEGA Life and Health Insurance Company. In an unpublished memorandum opinion, the Ninth Circuit held that a health care…more

Breach of Contract, Health Insurance, Healthcare, Insurance Industry

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Health Update - September 2014

Engaging Patients While Addressing Their Privacy Concerns: The Experience of Project HealthDesign - Patients are using the Internet, personal health records (PHRs) and mobile applications or “apps” to collect and manage…more

EHR, Healthcare, Healthcare Reform, Medical Devices, Mobile Apps

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Compliance Corner: Long-Term Care and the OIG Work Plan: As HHS Sharpens its Focus, Providers Should Set Their Sights on Compliance

In the fall of 2014, the Department of Health and Human Services Office of Inspector General released its 2015 Work Plan, which highlighted HHS’s compliance focus areas in the upcoming year. As in past years, areas of focus…more

Compliance, HHS, Long Term Care Facilities, Long-Term Care, Medicaid

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This Year's Most Memorable Opinion Openers

Appellate courts tend to avoid broadly sweeping language in their opinions. And rightly so, as appellate opinions are meant to bring clarity to a muddled issue or area of law, not to gloss over the finer points with well-worn…more

Appeals, Appellate Courts, Attorney's Fees, Opening Statements

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Real Estate and Land Use - November 2015

CEQA Baseline Can Consider Historic Levels of Use - North County Advocates v. City of Carlsbad (2015)—Cal.App.4th—Case No. D066488: Why It Matters: This case addresses an important issue under CEQA relating to the…more

CEQA, Certificates of Compliance, Eminent Domain, Environmental Impact Report (EIR), Subdivision Map Act

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Health Update - April 2015

Phoebe Putney: A Collision of Federal Antitrust and State Certificate of Need Laws - On March 31, 2015, the Federal Trade Commission (FTC) announced that it had entered into a consent agreement with Phoebe Putney Health…more

Anti-Competitive, FTC, FTC v. Phoebe Putney Health System, Hospital Mergers, Hospitals

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CFPB Drags Banks Into Battle Over Payday Lending

Bringing banks into the battle over payday lending, the Consumer Financial Protection Bureau (CFPB) released a report finding that online payday loans "add a steep, hidden cost" to consumers by racking up bank fees…more

Automated Clearing House (ACH), Banks, CFPB, Consumer Lenders, Payday Loans

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Municipal Utility’s Recurring Budget Transfer to General Fund Requires Voter Approval

On February 19, the Third District Court of Appeal issued an order denying requests by both parties for a rehearing of its recent decision, Citizens for Fair REU Rates v. City of Redding. This decision held that a municipal…more

Budgets, Electricity, Municipalities, Public Utility

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Real Estate and Land Use - March 2015

Be Careful What You Agree To (City of San Marcos v. Loma San Marcos, LLC) - Why It matters: The Court of Appeal affirmed the trial court decision upholding an agreement between the City of San Marcos and a property owner…more

CA Supreme Court, CEQA, Conditional Use Permit, Environmental Impact Report (EIR), Fifth Amendment

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Advertising Law -- Dec 16, 2013

SPECIAL FOCUS: FTC Workshop on Native Advertising – The “Blurred Lines” Remain Fuzzy - The increased prevalence of online native advertising – commercial content designed with the look and feel of editorial comment – has…more

Advertising, FTC, GAO, Music, Native Advertising

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Health Update - December 2015

Lessons from Hawaii's Trailblazing ACA 1332 Waiver Proposal - Editor's Note: On September 9, Hawaii became the first state to post a draft 1332 waiver proposal for public comment. While Hawaii's proposal focuses on the…more

Affordable Care Act, CMS, Contraceptive Coverage Mandate, HHS, Hospital Mergers

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Intellectual Property Law - April 2016

The Supreme Court Hears Oral Argument Regarding the Standard for Awarding Enhanced Damages in Patent Cases - Why it matters: The U.S. Supreme Court is reviewing the standard for awarding "enhanced" damages in patent cases…more

Anti-SLAPP, Copyright Infringement, First Amendment, First Sale Doctrine, Lexmark

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FSOC on Fintech Risks, Cybersecurity Vigilance

An annual report from the Financial Stability Oversight Council (FSOC) recently focused on the risks presented by the burgeoning fintech industry as well as the continuing "pressing concern" of cyber threats and vulnerabilities…more

Annual Reports, CFPB, Cyber Threats, Cybersecurity, FDIC

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Health Update - March 2016

Liberating Data to Enable Healthcare Market Transparency: A Guide for Regulators and Policymakers - Editor's Note: We are on the cusp of a transparency revolution in which consumers will have the data and tools to make…more

Affordable Care Act, Antitrust Immunity, Cybersecurity, Hospital Mergers, Hospitals

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Advertising Law - May 2015 #4

SPECIAL FOCUS: The Impact of the Supreme Court’s Octane Fitness Decision on Lanham Act Litigation - For the second time in recent years, a Supreme Court decision in a patent case is having a major impact on Lanham Act…more

Attorney's Fees, Celebrity Endorsements, Cybersecurity, Data Security, eBay

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Health Update - June 2016

Real-Time Data Analytics in Government Investigations and Reducing Exposure - It is not every day that the words “innovative” and “nimble” are used when referring to an agency of the federal government bureaucracy. Yet,…more

ACOs, Affordable Care Act, CMS, DOJ, FTC

See All Updates »

California Water Bond Funding Will Begin to Flow

Two years ago, Californians voted to pass Proposition 1, a $7.5 billion general obligation bond, also known as the Water Quality, Supply, and Infrastructure Improvement Act of 2014. As part of developing a comprehensive water…more

Bonds, Groundwater, Storage Tanks, Water, Water Quality Supply and Infrastructure Improvement Act

See All Updates »

Brexit Will Cause Deal Flow Reduction

Britain's historic vote to exit the European Union has sent shock waves throughout the global economy and will certainly have economic and political repercussions for years. How will the vote impact U.S. real estate? It…more

Competition, EU, FIRPTA, Member State, Popular

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CFPB Releases Supervisory Report

In a special edition of its Supervisory Highlights publication, the Consumer Financial Protection Bureau (CFPB) detailed its Supervision findings regarding the mortgage servicing industry's compliance with CFPB regulations…more

CFPB, Foreclosure Sales, Loss Mitigation, Mortgage Servicers, Mortgage Servicing Rules

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Failure to Describe Project Changes Results in 180-Day Statute of Limitations for CEQA Challenge (Ventura Foothills Neighbors v. County of Ventura)

Why it matters: When a project’s subsequent CEQA documents fail to clearly provide public notice of material changes to a project, CEQA’s short statutes of limitation may not apply…more

CEQA, Contractors, Environmental Impact Report (EIR), Real Estate Development, Statute of Limitations

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Manatt on Medicaid: A New Focus on Managed Long-Term Services and Supports

Background - On April 25, 2016, the Centers for Medicare and Medicaid Services (CMS) released its final rule to overhaul the regulations governing Medicaid managed care (MMC). MMC has evolved significantly since the rules…more

CHIP, CMS, Long-Term Care, Managed Care Contracts, Medicaid

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Health Update - June 2016

Real-Time Data Analytics in Government Investigations and Reducing Exposure - It is not every day that the words “innovative” and “nimble” are used when referring to an agency of the federal government bureaucracy. Yet,…more

ACOs, Affordable Care Act, CMS, DOJ, FTC

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Manatt Digital Media - March 2015

In the last two months, Virtual Reality (VR) has become the featured event in the media and in industry events, creating great buzz and excitement around the possibilities for transforming user experiences across all domains…more

Emerging Technology Companies, Gaming, Virtual Reality

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Health Update - June 2015

Examining Fee Splitting Statutes in the Context of Value-Based Healthcare - Editor’s note: One of the goals of the Affordable Care Act (ACA) is to align incentives among provider communities and their patients and partners…more

Affordable Care Act, Cardinal Health, Fee-Splitting, FTC, Hospital Mergers

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Manatt on Health Reform: Weekly Highlights - May 2016 #3

Maryland becomes the first State to mandate over-the-counter contraceptive coverage; Missouri plans to increase Medicaid asset limitations by 500% by 2021; and HHS' final rule extends protections against sex discrimination to…more

Affordable Care Act, Contraceptive Coverage Mandate, Health Insurance, Health Insurance Exchanges, HHS

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What Banks Need to Do to Address Technological Change

In the past few years the FinTech industry has grown exponentially. According to a recent Forbes article, the existing number of FinTech start-ups globally are between 5,000 and 6,000, all seeking to take a slice of the…more

Banks, Community Banks, Financial Services Industry, FinTech, Innovation

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New Law Prohibits Agreements That Pay Nonexempt Employees A Fixed Salary For Fixed Regular And Overtime Hours

On January 1, 2013, AB 2103 went into effect, explicitly overturning the case of Arechiga v. Delores Press, Inc., 192 Cal. App. 4th 567 (2011), and prohibiting compensation agreements that guarantee nonexempt employees a fixed…more

Compensation Agreements, Non-Exempt Employees, Over-Time, Wage and Hour, Wages

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Health Update - March 2016

Liberating Data to Enable Healthcare Market Transparency: A Guide for Regulators and Policymakers - Editor's Note: We are on the cusp of a transparency revolution in which consumers will have the data and tools to make…more

Affordable Care Act, Antitrust Immunity, Cybersecurity, Hospital Mergers, Hospitals

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Health Update - March 2016

Liberating Data to Enable Healthcare Market Transparency: A Guide for Regulators and Policymakers - Editor's Note: We are on the cusp of a transparency revolution in which consumers will have the data and tools to make…more

Affordable Care Act, Antitrust Immunity, Cybersecurity, Hospital Mergers, Hospitals

See All Updates »

Digital First Sale: Online Marketplace For "Used" Digital Music Strikes Discord With The Copyright Act

A recent decision out of New York illustrates the difficulty that courts in the digital era face in applying laws designed for a brick-and-mortar world. In Capitol Records, L.L.C. v. ReDigi Inc., the U.S. District Court for the…more

Capitol Records, Copyright, Digital Goods, First Sale Doctrine, Music

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Health Update - June 2016

Real-Time Data Analytics in Government Investigations and Reducing Exposure - It is not every day that the words “innovative” and “nimble” are used when referring to an agency of the federal government bureaucracy. Yet,…more

ACOs, Affordable Care Act, CMS, DOJ, FTC

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Health Update - April 2016 #2

How to Prepare for "Phase Two" HIPAA Compliance Audits: Tips on Getting Ready for Scrutiny - Editor's Note: Now that the Department of Health and Human Services (HHS) has announced that it is beginning the next round of…more

Affordable Care Act, HIPAA Audits, Hospitals, Joint Venture, NIST

See All Updates »

Why You Should Continue to Pay Attention to PACE

With commercial property owners and tenants still seeking sustainable building designs that incorporate energy efficiency or green building features, Property Accessed Clean Energy (PACE) financing will continue to rightfully…more

Clean Energy, Commercial Leases, Commercial Property Owners, Commercial Tenants, Green Buildings

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AML and Sanctions Compliance Issues Facing Digital Currency and Blockchain Companies

The United States Department of Justice convened an unprecedented Summit on Digital Currency and the Blockchain on November 9, 2015. The reported goal of the Summit was to promote a dialogue between the government and industry…more

Anti-Money Laundering, BitLicense, Compliance, Digital Currency, DOJ

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Governor Signs Bill Providing Retroactive Tax Relief to Sellers of Qualified Small Business Stock

On October 4, 2013, Governor Brown signed into law California Assembly Bill 1412 (Stats. 2013, ch. 546) ("AB 1412"), which provides tax relief to those individual taxpayers affected by the decision in Cutler v. Franchise Tax…more

Income Taxes, Qualified Small Business Stock, Retroactive Application, Small Business

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Agreement Reached on Bipartisan Federal GMO Food Labeling Bill

Provides Practical, Mandatory Disclosure and Preempts State GMO Labeling Laws - Senate Agriculture Committee leaders reached agreement June 23, 2016, on a bill that would require food containing genetic material modified by…more

Bioengineering, Biotechnology, Commercial Speech, Disclosure Requirements, Exemptions

See All Updates »

Health Update - January 2016

The Megatrends Reshaping Healthcare: Managing Change and Maximizing Opportunity - Editor's Note: In 2013, Manatt Health identified 10 megatrends that would reinvent the healthcare marketplace across the next decade. In a…more

Affordable Care Act, Antitrust Investigations, Biologics, Employer Group Health Plans, ERISA

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Health Update - May 2016

Actions to Advance Infant and Early Childhood Mental Health - Editor's Note: Children's earliest experiences—both positive and negative—impact their brain formation and in turn their social and emotional, physical,…more

ERISA, FTC, Gobeille v Liberty Mutual Insurance Com., Health Insurance, Long-Term Care

See All Updates »

Manatt Digital Media - August 2015

So You Want Music in Your Video: 5 Things to Remember so You Don't Get Sued - Last month we received a call from a woman who made an unassuming video of her daughter's wedding and added her favorite song as the musical bed…more

Copyright, Copyright Infringement, Digital Downloads, Music, Music Streaming

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Insurance Recovery Law - May 2016

AG's Letter a Prior "Demand," Eliminates Exec's Defense - Why it matters - A letter stating that a government entity "may" bring an enforcement action against the policyholder if it did not "voluntarily" cease…more

Breach of Contract, Insurance Industry, Liability Insurance, No-Voluntary-Payments Clause

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City of San Jose "Strikes Out" in Case Against MLB

Baseball holds a special place in America’s heart, but it also holds a special place in our judicial system when it comes to federal antitrust law. Unlike other professional sports, such as football, hockey, and basketball,…more

Antitrust Provisions, Baseball, City of San Jose, Exemptions, MLB

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Ringing in the New Year with Revised Estate and Gift Tax Laws

Congress has averted the so-called fiscal cliff by passing the "American Taxpayer Relief Act of 2012" (the "Act") on January 1, 2013, which President Obama signed into law the following day. The good news is we finally have…more

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

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Bank Culture in the Trenches

Institutional or corporate culture is much in the news lately, both inside and outside of banking. Amidst the uproar over Volkswagen's intentional compliance failure relating to emission standards, senior company management felt…more

BSA/AML, Chief Compliance Officers, Corporate Culture, FinCEN, Volkswagen

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TCPA Connect - March 2015

California TCPA Suit Moves Forward - A putative class action alleging violations of the Telephone Consumer Protection Act by Bebe Stores will move forward after a California federal court judge denied defendant’s motion…more

Advertising, Cell Phones, JPMorgan Chase, Putative Class Actions, Retailers

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Retail and Consumer Products Law Roundup - June 2016

President Signs Legislation Modernizing Federal Chemical Regulation Law - Overhaul of Toxic Substances Control Act (TSCA) has important business implications for consumer product manufacturers and retailers…more

Article III, Breach Notification Rule, Chemicals, Class Action, Data Breach

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EPA Finalizes Carbon Pollution Emissions Standards for Power Plants

Today EPA released its final Clean Power Plan, its first-ever regulations aimed at reducing carbon pollution from electric power plants. The final rule contains several significant changes from the proposed rule that was…more

Air Pollution, Carbon Emissions, Clean Air Act, Clean Energy, Clean Power Plan

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Intellectual Property Law - February 2016

Both Sides Claim Victory in ITC Ruling re Converse's "Chuck Taylors" - Why it matters: On November 17, 2015, an International Trade Commission judge issued an initial ruling in In the Matter of Certain Footwear Products,…more

B&B Hardware v Hargis Industries, Claim Construction, Cuozzo Speed Technologies v Lee, DC Comics, Disparagement

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Manatt’s Amicus Briefs Help Protect LGBT Youth From Abusive “Gay Conversion” Therapy

In a highly publicized, published opinion, the Court of Appeals for the Ninth Circuit recently upheld California’s SB 1172, the first law in the United States to bar licensed mental health providers from treating patients under…more

First Amendment, Gay Conversion Therapy, Mental Health, Minors, Sexual Orientation

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A New Year’s Resolution to Avoid Cyber Attacks: It Is Not IF but WHEN … Just Ask Target

On December 13, 2013, it was reported that Target was the victim of a successful cyber attack, resulting in the theft of personal financial information from up to 110 million Target credit card customers – the largest theft in…more

Credit Cards, Cyber Attacks, Cybersecurity, Data Protection, Hackers

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Manatt on Medicaid: New Hampshire's Building Capacity for Transformation Initiative: Putting a New Stamp on DSRIP Waivers

On January 5, 2016, New Hampshire secured a five-year, $150 million Medicaid 1115 waiver to transform the state's delivery system for Medicaid beneficiaries with mental health and substance use disorders. Known as the "Building…more

CMS, DSRIP, Medicaid, Mental Health

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Paid Family Leave and $15 Minimum Wage Are Coming to New York

Why It Matters - On April 1, 2016 the New York State Legislature passed legislation that would raise the state minimum wage for all hourly wage workers in accordance with a prescribed schedule. Governor Andrew Cuomo signed…more

FMLA, Governor Cuomo, Minimum Wage, Paid Leave, Wage and Hour

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Yet Another Bank Reaches Multimillion-Dollar TCPA Deal

Following the lead of other banks facing putative class actions under the Telephone Consumer Protection Act (TCPA), JPMorgan Chase Bank agreed to pay recipients of unwanted phone calls $3.75 million…more

ATDS, Banks, Corporate Counsel, FCC, JPMorgan Chase

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Health Update - January 2015

Sharing Clinical Trial Data: Maximizing Benefits, Minimizing Risk - Editor’s note: At the request of 23 public and private sector sponsors—including major life sciences companies, as well as U.S. and international…more

Clinical Trials, Data-Sharing, Healthcare, Life Sciences, Risk Assessment

See All Updates »

Employment Law - May 2016 #2

Defend Trade Secrets Act Becomes Law - Why it matters - Passed by an overwhelming majority of the federal legislature, the Defend Trade Secrets Act (DTSA) became law with President Barack Obama's signature on May 11,…more

ALJ, Defend Trade Secrets Act (DTSA), DOL, EEOC, Employee Handbooks

See All Updates »

Argentina: Then, Now and Next?

Flash back ten years, and Argentina enjoyed an average annual growth of 9%, was the strongest economy in Latin America and considered an impending rival to the up-and-coming BRIC countries. Over the ensuing years, as employment…more

Commodities, Economic Injuries, Economic Loss Doctrine, Inflation Adjustments, International Monetary Fund

See All Updates »

Health Update - July 2015

Lessons From the Frontlines: Strategies for Supporting Informed Consumer Decision-Making in the Health Insurance Marketplace - Editor's Note: As marketplaces prepare for the third open enrollment period, consumers are…more

Admissions, Affordable Care Act, Anticompetitive Agreements, Attorney Generals, Biologics

See All Updates »

Health Update - February 2016

Better Late Than Never: CMS Provides Much-Needed Clarity on the 60-Day Overpayment Refund Requirements - On February 12, 2016, the Centers for Medicare & Medicaid Services (CMS) issued the long-awaited final rule (Final…more

60-Day Rule, ACOs, Affordable Care Act, Antitrust Violations, Certificate of Need

See All Updates »

FTC Touts Record Yield in Payday Lending Case

Why it matters - A pair of online payday lenders will pay the Federal Trade Commission (FTC) $4.4 million to settle charges that they tricked consumers by failing to disclose inflated fees in what the agency said was its…more

EFTA, FTC, FTC Act, Misrepresentation, Payday Loans

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Manatt on Medicaid: Beneficiary Support and Enrollment Requirements

On April 25, 2016, the Centers for Medicare and Medicaid Services (CMS) released its final rule that significantly overhauls regulations governing Medicaid managed care. The final rule establishes new requirements for providing…more

Beneficiaries, CHIP, CMS, Enrollment, Medicaid

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Manatt Digital - July 2016

A message from our Chair: We are pleased to bring you this month's newsletter as the first edition under our new brand—"Manatt Digital." Our new name, which replaces Manatt Digital Media, is reflective of our increasingly…more

Advertising, Artificial Intelligence, Digital Media, Disclosure Requirements, FTC

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Bank Fraud Statute Returns to Supreme Court

Does the federal bank fraud statute require proof of an intent to deceive a bank as well as cheat it out of some of its funds? What happened - The U.S. Supreme Court has agreed to answer this question in Shaw v. United…more

Bank Fraud, Banks, Certiorari, Criminal Prosecution, Intent

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Insurance Law - Feb 21, 2014: Legislative Update: 2013 New York Legislation Affecting Property/Casualty and Life Insurers

Unclaimed Life Insurance Benefits (Chapter 10) - Amends Section 3213-a of the Insurance Law, enacted in 2012, to clarify and strengthen certain provisions relating to the requirement that life insurers perform regular…more

Insurance Industry, Life Insurance, Property Insurance

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2015 Digital Media Year in Review

Yes, it's that time of year again. Nostalgia and reflection time—taking a look at this past year in digital media. Nearly one year ago, Manatt Digital Media CEO Peter Csathy made several predictions for TechCrunch in an article…more

Comcast, Digital Media, Facebook, Joint Venture, Online Videos

See All Updates »

Health Update - May 2016

Actions to Advance Infant and Early Childhood Mental Health - Editor's Note: Children's earliest experiences—both positive and negative—impact their brain formation and in turn their social and emotional, physical,…more

ERISA, FTC, Gobeille v Liberty Mutual Insurance Com., Health Insurance, Long-Term Care

See All Updates »

Insurance Recovery Law - May 2016

AG's Letter a Prior "Demand," Eliminates Exec's Defense - Why it matters - A letter stating that a government entity "may" bring an enforcement action against the policyholder if it did not "voluntarily" cease…more

Breach of Contract, Insurance Industry, Liability Insurance, No-Voluntary-Payments Clause

See All Updates »

Salinas v. Texas: Anything You Don’t Say Might Be Used Against You...

On June 17, the U.S. Supreme Court issued a decision in Salinas v. Texas, 133 S. Ct. 2174 (2013). The defendant, Genovevo Salinas, had voluntarily accompanied police officers to their station for questioning about a double…more

Convictions, Criminal Prosecution, Fifth Amendment, Miranda Warnings, Right to Remain Silent

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Health Update -- Nov 26, 2013

10 Megatrends Shaping Healthcare’s Next 10 Years - The American healthcare system is undergoing massive change. From transformational policies to disruptive technologies to groundbreaking medical advances, powerful forces…more

Affordable Care Act, Big Data, Healthcare, Healthcare Reform

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Manatt on Medicaid: CMS Clarifies Medicaid Managed Care Prescription Drug Access

Editor’s Note: This “Manatt on Medicaid” is the fifth in a series of updates focused on CMS’s new Medicaid/CHIP managed care regulations. In the coming weeks Manatt will continue to explore key provisions of the regulations and…more

CHIP, CMS, Fee-for-Service, Managed Care Contracts, Manufacturers

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Health Update - June 2016

Real-Time Data Analytics in Government Investigations and Reducing Exposure - It is not every day that the words “innovative” and “nimble” are used when referring to an agency of the federal government bureaucracy. Yet,…more

ACOs, Affordable Care Act, CMS, DOJ, FTC

See All Updates »

Affordable Housing Alert: California’s Property Tax Welfare Exemption Law Amended

Effective Jan. 1, 2015, low income housing projects face a modified legal regime when qualifying for property tax exemptions in California…more

Affordable Housing, Housing Market, Property Tax, Tax Exemptions

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PACE Financing to Jump-Start Rooftop Solar?

PACE loans can cover up to 100% of the cost of a project, depending on the specific program and the particular project. Similar to other assessments, a PACE assessment runs with the property and can be transferred to a purchaser…more

FHFA, Financing, Project Finance, Solar Energy, Solar Panels

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Health Update - May 2016

Actions to Advance Infant and Early Childhood Mental Health - Editor's Note: Children's earliest experiences—both positive and negative—impact their brain formation and in turn their social and emotional, physical,…more

ERISA, FTC, Gobeille v Liberty Mutual Insurance Com., Health Insurance, Long-Term Care

See All Updates »

Health Update - June 2016

Real-Time Data Analytics in Government Investigations and Reducing Exposure - It is not every day that the words “innovative” and “nimble” are used when referring to an agency of the federal government bureaucracy. Yet,…more

ACOs, Affordable Care Act, CMS, DOJ, FTC

See All Updates »

SPECIAL FOCUS: FDA Issues Guidance on Distinguishing Liquid Dietary Supplements from Beverages

The U.S. Food and Drug Administration (FDA) issued a highly anticipated guidance document on liquid dietary supplements this morning, with its current position on how it will distinguish between such products and conventional…more

Advertising, Dietary Supplements, FDA, Food Labeling, Food Safety

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Mobile banking and the Federal Circuit's "divided infringement" decisions

The rapid growth of the mobile banking industry, the raft of litigation that has followed such growth, and why the Federal Circuit's much-anticipated "divided infringement" decisions in Akamai v. Limelight and McKesson v. Epic…more

Covered Business Method Patents, Divided Infringement, Mobile Banking, Technology

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Properly Structured Sales and Marketing Programs for Condo Hotel Developers Are Imperative Under Salameh

Last month the Ninth Circuit Court of Appeals issued an important opinion that could establish a safe harbor to protect condominium hotels from being characterized as securities under federal and state securities laws. In…more

Condominiums, Hotels, Marketing, Sales, SEC

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Is Your Lease Financeable?

It is often the case that parties enter into a lease thinking it is a temporary use of space by the tenant, which frequently amounts to nothing more than an expense line item on the budget. However, if a lease is structured…more

Condemnation, Financing, Leases, Lenders, Loans

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New Nonresidential Building Energy Use Disclosure Deadline Extended for Certain Buildings

The deadline for owners of nonresidential buildings that are between 5,000 and 10,000 square feet to comply with the Nonresidential Building Energy Use Disclosure Program has been extended from July 1, 2014, to July 1, 2016. The…more

Deadlines, Energy, Energy Efficiency, Energy Use Disclosure Requirements

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Health Update - February 2015

Cyber Risk Insurance Policies: What You Need to Know - Editor’s Note: As data breach incidents and related cyber risks continue to increase and gain publicity—and government agencies become more actively involved in…more

CMS, Cyber Insurance, Cybersecurity, Data Breach, Data Protection

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Health Update - April 2016 #2

How to Prepare for "Phase Two" HIPAA Compliance Audits: Tips on Getting Ready for Scrutiny - Editor's Note: Now that the Department of Health and Human Services (HHS) has announced that it is beginning the next round of…more

Affordable Care Act, HIPAA Audits, Hospitals, Joint Venture, NIST

See All Updates »

Employment Law - May 2016 #2

Defend Trade Secrets Act Becomes Law - Why it matters - Passed by an overwhelming majority of the federal legislature, the Defend Trade Secrets Act (DTSA) became law with President Barack Obama's signature on May 11,…more

ALJ, Defend Trade Secrets Act (DTSA), DOL, EEOC, Employee Handbooks

See All Updates »

Health Update - May 2016

Actions to Advance Infant and Early Childhood Mental Health - Editor's Note: Children's earliest experiences—both positive and negative—impact their brain formation and in turn their social and emotional, physical,…more

ERISA, FTC, Gobeille v Liberty Mutual Insurance Com., Health Insurance, Long-Term Care

See All Updates »

Health Update - June 2015

Examining Fee Splitting Statutes in the Context of Value-Based Healthcare - Editor’s note: One of the goals of the Affordable Care Act (ACA) is to align incentives among provider communities and their patients and partners…more

Affordable Care Act, Cardinal Health, Fee-Splitting, FTC, Hospital Mergers

See All Updates »

DOMINICAN REPUBLIC – The Dominican Electricity Industry Association Issues Proposals for the National Accord for the Reform of the Electricity Sector

As announced in our January 14, 2015 newsletter, on January 19, 2015, the Dominican government gave formal start to the discussions regarding the “National Accord for the Reform of the Electricity Sector,” which President Medina…more

Electricity, Energy Sector

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Payment Processor Hit With CFPB Action

A payment processor and two executives were the subject of a new Consumer Financial Protection Bureau (CFPB) action, with the Bureau charging that the defendants enabled their clients to make unauthorized withdrawals from…more

ACH Payments, CFPB, Consumer Protection Act, Corporate Executives, Dodd-Frank

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Agreement Reached on Bipartisan Federal GMO Food Labeling Bill

Provides Practical, Mandatory Disclosure and Preempts State GMO Labeling Laws - Senate Agriculture Committee leaders reached agreement June 23, 2016, on a bill that would require food containing genetic material modified by…more

Bioengineering, Biotechnology, Commercial Speech, Disclosure Requirements, Exemptions

See All Updates »

TCPA Connect - September 2014

Complimentary TCPA Update Webinar: The Year in Review and What Lies Ahead - One year has passed since the implementation of the Federal Communication Commission’s revised Telephone Consumer Protection Act (TCPA) rules. To…more

Consent, FCC, Prior Express Consent, TCPA

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Health Update - February 2016

Better Late Than Never: CMS Provides Much-Needed Clarity on the 60-Day Overpayment Refund Requirements - On February 12, 2016, the Centers for Medicare & Medicaid Services (CMS) issued the long-awaited final rule (Final…more

60-Day Rule, ACOs, Affordable Care Act, Antitrust Violations, Certificate of Need

See All Updates »

Paid Family Leave and $15 Minimum Wage Are Coming to New York

Why It Matters - On April 1, 2016 the New York State Legislature passed legislation that would raise the state minimum wage for all hourly wage workers in accordance with a prescribed schedule. Governor Andrew Cuomo signed…more

FMLA, Governor Cuomo, Minimum Wage, Paid Leave, Wage and Hour

See All Updates »

Dead Hand Proxy Puts Create Litigation Risk for Lenders

Why it matters - In a noteworthy decision, the Delaware Court of Chancery ruled that a lender could be held liable for aiding and abetting a breach of fiduciary duty by directors of a public company borrower by including in…more

Aiding and Abetting, Board of Directors, Breach of Duty, Conflicts of Interest, Credit Agreements

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Justices Receive Another Petition on Surcharge Laws

Could the U.S. Supreme Court take up the issue of state surcharge laws? The plaintiffs challenging the Texas law banning surcharges on credit card purchases certainly hope so, having filed a certiorari petition in Rowell v…more

Appeals, Credit Card Surcharges, Credit Cards, First Amendment, Free Speech

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SPECIAL FOCUS: FDA Issues Guidance on Distinguishing Liquid Dietary Supplements from Beverages

The U.S. Food and Drug Administration (FDA) issued a highly anticipated guidance document on liquid dietary supplements this morning, with its current position on how it will distinguish between such products and conventional…more

Advertising, Dietary Supplements, FDA, Food Labeling, Food Safety

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Financial Advisor Topics in Hostile Takeover Defenses

Originally published in Bloomberg BNA Mergers & Acquisitions Law Report, 15 MALR 1667, 11/26/12. A Discussion of Fee Arrangements, Potential Conflicts and Inadequacy Opinions - The M&A market has continued to…more

Shareholder Activism, Shareholders

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California Supreme Court Upholds “Mixed Motive” Defense in Employment Discrimination Cases

In a long-awaited ruling issued Thursday, February 7, 2013, the California Supreme Court affirmed the Court of Appeal's decision overturning a damages verdict against the City of Santa Monica, finding that employers may properly…more

Discrimination, Harris v City of Santa Monica, Hiring & Firing, Mixed Motive Cases, Pregnancy Discrimination

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Insurance Recovery Law - May 2016

AG's Letter a Prior "Demand," Eliminates Exec's Defense - Why it matters - A letter stating that a government entity "may" bring an enforcement action against the policyholder if it did not "voluntarily" cease…more

Breach of Contract, Insurance Industry, Liability Insurance, No-Voluntary-Payments Clause

See All Updates »

Labor Department Issues Final Amendments to Overtime Exemptions

On May 18, the U.S. Department of Labor issued publicly its long-awaited final regulations updating the "White Collar" exemptions to the minimum wage and overtime requirements of the Fair Labor Standards Act. Generally, to…more

DOL, Exempt-Employees, Final Rules, FLSA, Minimum Salary

See All Updates »

Retail and Consumer Products Law Roundup - May 2016

SPECIAL FOCUS: California Proposes Emergency Prop 65 Regulation for Products Containing BPA - Why it matters: BPA remains prevalent in the packaging of food and beverage items sold by retailers throughout California. Most…more

Background Checks, BPA, Disparagement, Employer Liability Issues, False Advertising

See All Updates »

Supremes Require Actual Harm to Pursue FCRA Claims

In a carefully drawn 6-2 decision authored by Justice Samuel Alito, the Supreme Court of the United States has today ruled in Spokeo, Inc. v. Robins that a plaintiff must show an injury in fact before pursuing a claim for…more

Article III, Class Action, FCRA, Injury-in-Fact, SCOTUS

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As-Is Deals May Not Be so As-Is

To avoid litigation over mistaken or misinterpreted statements made in the course of negotiations, owners of real property rely on “as-is” and “independent investigation” clauses in their real estate contracts and leases…more

Corporate Counsel, Young Lawyers

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Manatt on Medicaid: Massachusetts Releases Details on Forthcoming DSRIP Waiver Proposal

Medicaid Accountable Care Organizations - On April 14, 2016, the Massachusetts Executive Office of Health and Human Services released new details on a proposed restructuring of the MassHealth (Massachusetts Medicaid)…more

ACOs, CMS, DSRIP, HHS, MCOs

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Corporate Investigations & White Collar Defense - May 2016

Spotlight on the False Claims Act - Why it matters: This month we discuss two interesting court cases involving the False Claims Act (FCA). On April 19, 2016, the Supreme Court heard oral argument in Universal Health…more

CFTC, Corporate Counsel, DOJ, Enforcement Actions, False Claims Act (FCA)

See All Updates »

Retail and Consumer Products Law Roundup - May 2016

SPECIAL FOCUS: California Proposes Emergency Prop 65 Regulation for Products Containing BPA - Why it matters: BPA remains prevalent in the packaging of food and beverage items sold by retailers throughout California. Most…more

Background Checks, BPA, Disparagement, Employer Liability Issues, False Advertising

See All Updates »

Manatt Digital Media - December 2014

2014 has been a transformative year in media and entertainment, particularly with the acceleration of “mobile-first, digital-first” initiatives—which we covered in our November newsletter—from pay TV unbundling to the continuing…more

China, Digital Media, Film Industry, Mobile Apps, Mobile Devices

See All Updates »

Medicare Part B Drug Payment Model

The Department of Health and Human Services (HHS) has proposed a major, national payment model that would, if implemented, significantly impact how Medicare pays for drugs provided through the Part B program. Under the authority…more

CMMI, Drug Pricing, HHS, Medicare, Medicare Part B

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Manatt Digital Media - December 2014

2014 has been a transformative year in media and entertainment, particularly with the acceleration of “mobile-first, digital-first” initiatives—which we covered in our November newsletter—from pay TV unbundling to the continuing…more

China, Digital Media, Film Industry, Mobile Apps, Mobile Devices

See All Updates »

Real Estate and Land Use - September 2015

Substance Over Form—A Refreshing Application of CEQA Analysis: City of Irvine v. County of Orange (2015) 283 Cal.App.4th 526 - Why It Matters: The Court of Appeal in City of Irvine v. County of Orange elaborated upon…more

Abuse of Process, CEQA, Conversion, Environmental Impact Report (EIR), General Plan

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FAA’s Final Rule on Commercial Unmanned Aircraft Systems (UAS)

The Federal Aviation Administration promulgated its final rule on small commercial unmanned aircraft systems, called Part 107, on June 21, 2016. It sets forth the operating requirements for small commercial drones (i.e., those…more

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

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Contact

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