Manatt, Phelps & Phillips, LLP

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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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

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Regulators Sue Four Michigan Hospitals for Agreeing to Restrict Marketing Activities

As most people know, agreements between competitors to fix prices or allocate or divide markets are clear violations of the antitrust laws and can result in serious penalties. In industries as diverse as foreign exchange…more

Anticompetitive Agreements, Attorney Generals, C-Suite Executives, Corporate Counsel, DOJ

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SCOTUS Upholds Subsidies in King v. Burwell: A Look at the Ruling and Its Implications

In a 6-3 decision today, the Supreme Court ruled that individuals who enroll in health insurance through the federally facilitated marketplace (FFM) may continue to receive federal tax subsidies to help pay for their coverage…more

Affordable Care Act, Federally Facilitated Exchanges, Health Insurance, Health Insurance Exchanges, King v Burwell

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Financial Services Weekly News Roundup - May 2015 #4

CFPB Fines Bank $7.5M for Overdraft Violations, With $49M More in Redress - Why it matters: In its first action targeting overdraft fees, the Consumer Financial Protection Bureau (CFPB) fined Regions Bank $7.5 million…more

Banks, CFPB, Choke Point, Department of Financial Services, FinCEN

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SPECIAL FOCUS: D.C. Circuit Limits FTC’s Ability to Require Two Randomized Clinical Trials to Substantiate Disease Claims in Long-Awaited POM Decision

On January 30, 2015, the U.S. Court of Appeals for the District of Columbia Circuit issued its long-awaited opinion in the POM case. In a press release, the Federal Trade Commission (FTC or the Commission) Chairwoman Edith…more

Advertising, Clinical Trials, False Advertising, Food Labeling, FTC

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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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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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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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Employment Law - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar…more

ADA, Class Certification, Classification, Comment Period, Conciliation

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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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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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Medicaid Managed Care: What’s Ahead in 2015

Managed care is the dominant delivery model in state Medicaid programs, and is rapidly growing with the Affordable Care Act bringing over 8 million new beneficiaries into Medicaid in 2014. Today, 39 states (including the…more

Affordable Care Act, CMS, Healthcare, Healthcare Reform, Managed Care Contracts

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The California Raisins Strike Back

Horne v. Department of Agriculture, No. 14-275 (U.S. June 22, 2015) - Why It Matters: In a pro-property rights opinion, the U.S. Supreme Court applies Fifth Amendment “takings” analysis to a federal program that confiscated…more

Department of Agriculture, Farms, Fifth Amendment, Horne v USDA, Just Compensation

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Health Update - July 2014

Avoiding the Regulatory Land Mines of Commercial ACOs - While providers are showing great interest in creating ACOs to participate in the Medicare Shared Savings Program (MSSP), they are showing even greater enthusiasm…more

ACOs, EHR, Halifax Hospital, Health Insurance, Healthcare

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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, 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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Manatt Digital Media - January 2015

Welcome to MDM Newsletter #5—and to an entirely new year of Digital Media machinations. What better way to start the year than first recapping the last one—then predicting major themes for 2015—and then ending things up with…more

Amazon, Apple, CBS, Content Marketing, Content Strategy

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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, FEC, Federal Budget, Healthcare, Healthcare Reform

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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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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 - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,…more

Appeals, Bad Faith, Breach of Contract, CERCLA, Commercial General Liability Policies

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The Next Big Thing: Enforcing Terms of Service in an Internet of Things World

While a universally accepted definition of the Internet of Things (IoT) does not yet exist, the phrase has been coined to refer to the ability of everyday objects to connect to the Internet and to send and receive data. Thus, we…more

Browsewrap Agreement, Internet of Things, Popular, Terms of Service

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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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Health Update - October 2014

Like It or Not, Obamacare Is Reshaping the Healthcare Industry - Editor’s Note: As we approach the one-year anniversary of Obamacare’s launch, the pundits continue to argue over whether or not it’s working. Meanwhile,…more

Affordable Care Act, Drug Compounding, DSRIP, Healthcare, Healthcare Reform

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Employment Law - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar…more

ADA, Class Certification, Classification, Comment Period, Conciliation

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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, Environmental Policies, Environmental Review, Wal-Mart

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Real Estate and Land Use - December 2014

San Diego Regional Sustainable Strategies Plan Invalidated; SANDAG Has Requested Supreme Court Review - Cleveland National Forest Foundation et al. v. San Diego Association of Governments (November 24, 2014) Fourth…more

Air Pollution, CEQA, Coastal Real Estate, Environmental Impact Report, Greenhouse Gas Emissions

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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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Insurance Recovery Law - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,…more

Appeals, Bad Faith, Breach of Contract, CERCLA, Commercial General Liability Policies

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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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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

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Merchants and Processors Beware: FTC Consumer Warning About Use of Bitcoin and Other Cryptocurrencies Is a Warning to You Too

The June 22 FTC blog posting warning consumers about the use of bitcoins and other virtual currencies should be a call to action for those accepting or facilitating the acceptance of bitcoin and other virtual currencies in…more

Bitcoins, CFPB, Cryptocurrency, Enforcement, Enforcement Actions

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California Once Again Leads Subnational Climate Change Agenda

Yesterday, California Governor Brown took another step down the road of long-term climate change regulation. Along with 11 other signatories, he signed a first-of-its-kind agreement with leaders from other international states…more

Air Pollution, California Air Resources Board, Climate Change, Greenhouse Gas Emissions

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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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Neighbors’ Noise Complaints Trigger EIR

Keep Our Mountains Quiet v. County of Santa Clara - Why It Matters: The Sixth District Court of Appeal affirmed the trial court’s holding that preparation of an EIR was required for the approval of a use permit to allow…more

CEQA, Environmental Impact Report, Land-Use Permits, Mitigated Negative Declaration, Noise Complaints

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Manatt Digital Media - July 2015

In this edition, we reflect upon the key digital media events of the first half of 2015 and present the major deals, developments and trends across video, music, gaming and virtual reality…more

Amazon, AOL, App Platform Providers, Apple, AT&T

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Insurance Recovery Law - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,…more

Appeals, Bad Faith, Breach of Contract, CERCLA, Commercial General Liability Policies

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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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Crude Oil Exports: A View from the 114th Congress

The 114th Congress convened January 3 with energy at the top of its agenda. Both the House and the Senate kicked off the new session with approval of the Keystone XL Pipeline. That was just the start. Senator Lisa Murkowski…more

Crude Oil, Export Controls, Exports, Fracking, Keystone XL Pipeline

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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

Clinical Integration, Healthcare, Medicaid, Mental Health, Substance Abuse

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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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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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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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Regulators Sue Four Michigan Hospitals for Agreeing to Restrict Marketing Activities

As most people know, agreements between competitors to fix prices or allocate or divide markets are clear violations of the antitrust laws and can result in serious penalties. In industries as diverse as foreign exchange…more

Anticompetitive Agreements, Attorney Generals, C-Suite Executives, Corporate Counsel, DOJ

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SCOTUS Upholds Subsidies in King v. Burwell: A Look at the Ruling and Its Implications

In a 6-3 decision today, the Supreme Court ruled that individuals who enroll in health insurance through the federally facilitated marketplace (FFM) may continue to receive federal tax subsidies to help pay for their coverage…more

Affordable Care Act, Federally Facilitated Exchanges, Health Insurance, Health Insurance Exchanges, King v Burwell

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CMS Proposes Overhaul of Medicaid and CHIP Managed Care Rules

On May 26, 2015, the Centers for Medicare and Medicaid Services (CMS) released a notice of proposed rulemaking (NPRM) to overhaul the regulations governing Medicaid managed care and make conforming changes to the rules that…more

CHIP, CMS, Grievance Process, Managed Care Contracts, Medicaid

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Advertising Law - July 2015 #4

FTC And Florida AG Team up Against Medical Alert Systems - Together with the Florida Attorney General, the Federal Trade Commission filed suit against Lifewatch for allegedly using deceptive robocalls to urge older…more

Attorney Generals, Auto-Dialed Calls, Class Action, Consumer Watchdog, Data Privacy

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Health Update - Jun 2014

Removing Regulatory Barriers to Accelerate EHR Adoption - Recognizing the potential long-term value of EHRs for improving care and reducing costs, many hospitals considered offering physicians financial support to…more

CMS, Data Protection, EHR, Healthcare, Healthcare Reform

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Manatt Digital Media - July 2015

In this edition, we reflect upon the key digital media events of the first half of 2015 and present the major deals, developments and trends across video, music, gaming and virtual reality…more

Amazon, AOL, App Platform Providers, Apple, AT&T

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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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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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President Signs Extender Tax Breaks at Year End

There is a group of approximately 50 tax provisions that are enacted as temporary measures, but which Congress routinely reenacts. These are popularly referred to as the “extenders.” The extenders expired at the end of 2013…more

Tax Extenders

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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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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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Class Is in Session: The FTC Launches New Data Security Initiative

Why it matters - The Federal Trade Commission (FTC) kicked off a new educational initiative to provide guidance to businesses in the area of data security. Based on the lessons learned from more than 50 of the agency's…more

Authentication, Cyber Threats, Cybersecurity, Data Privacy, Data Protection

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Manatt on Medicaid: Montana Governor Signs Act to Expand Medicaid

On April 29, 2015, Montana Governor Steve Bullock signed Senate Bill 405, referred to as the Montana Health and Economic Livelihood Partnership Act (HELP Act), which expands Medicaid to cover an estimated 70,000 new adults. The…more

Affordable Care Act, CMS, Governor Bullock, Healthcare, Medicaid

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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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Advertising Law - July 2015 #4

FTC And Florida AG Team up Against Medical Alert Systems - Together with the Florida Attorney General, the Federal Trade Commission filed suit against Lifewatch for allegedly using deceptive robocalls to urge older…more

Attorney Generals, Auto-Dialed Calls, Class Action, Consumer Watchdog, Data Privacy

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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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California Supreme Court Upholds Inclusionary Housing Zoning

California Building Industry Association v. City of San Jose - Why It Matters: In a much-anticipated ruling, the California Supreme Court has settled for now the question of whether or not a municipality may condition…more

Affordable Housing, City of San Jose, Inclusionary Housing Ordinance, Takings

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Still Your Father’s Oldsmobile? Stale Bank Holding Company 10-K Sup & Reg Sections

It has been apparent for years that the common boilerplate Supervision and Regulation discussion in most bank holding company Form 10-K Annual Reports could be trimmed down and updated. Instead of rehashing longstanding banking…more

Annual Reports, Bank Holding Company, Form 10-K, Regulation S-K, Sanctions

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Emergency Work Can Modify a Project’s Environmental Baseline

CREED-21 v. City of San Diego (2015) 234 Cal.App.4th 488 - Why It Matters: This decision provides an important clarification of what constitutes the “environmental baseline” under the California Environmental Quality Act…more

CEQA, Environmental Assessments, Environmental Review, Standing, Storm Water

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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 - 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

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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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Ouch! SEC’s Proposed Executive Compensation Clawback Rules Carry a Sting

On July 1, 2015, the Securities and Exchange Commission proposed long-awaited rules to implement provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 mandating any company whose securities are…more

Clawbacks, Corporate Governance, Disclosure Requirements, Executive Compensation, Form 10-K

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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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Real Estate and Land Use - Sep 2014

Evidence of Economic Infeasibility of CEQA Alternatives Explained (SPRAWLDEF v. San Francisco Bay Conservation and Development Commission) - Why it matters: In upholding the approval of a 260-acre expansion to the Potrero…more

Air Quality Standards, Airports, CEQA, Environmental Impact Report, ESA Listings

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Employment Law - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar…more

ADA, Class Certification, Classification, Comment Period, Conciliation

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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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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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Virtual Currency & IRS Reality

The Internal Revenue Service recently issued Notice 2014-21 to provide guidance for the tax treatment of virtual currency, such as Bitcoin. In the Notice, the IRS describes how existing general tax principles apply to…more

Bitcoins, Income Taxes, IRS, Virtual Currency

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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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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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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, Knight Commission, NCAA, School Sports

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Insurance Recovery Law - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,…more

Appeals, Bad Faith, Breach of Contract, CERCLA, Commercial General Liability Policies

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Employment Law - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar…more

ADA, Class Certification, Classification, Comment Period, Conciliation

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SCOTUS Upholds Subsidies in King v. Burwell: A Look at the Ruling and Its Implications

In a 6-3 decision today, the Supreme Court ruled that individuals who enroll in health insurance through the federally facilitated marketplace (FFM) may continue to receive federal tax subsidies to help pay for their coverage…more

Affordable Care Act, Federally Facilitated Exchanges, Health Insurance, Health Insurance Exchanges, King v Burwell

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Go Online, Young Man: Goldman Sachs to Hit the Web for Online Lending Gold Rush

Why it matters - Marketplace lending has exploded onto the scene and become a multibillion-dollar industry. Hoping to capitalize on the gold rush of consumers turning to websites to borrow money, Goldman Sachs announced its…more

Consumer Financial Products, Financial Markets, Goldman Sachs, Internet Lenders, Investment Companies

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Southern District Opinion Allows Seizure of Emails From Host Provider With Minimal Showing of Probable Cause

A Southern District of New York Magistrate Judge last week approved the government’s ability to conduct searches and seizures of entire email accounts stored by third-party providers like Google, Microsoft, Yahoo! and Apple…more

Apple, Corporate Counsel, Email, Evidence, Fourth Amendment

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CMS Proposes Overhaul of Medicaid and CHIP Managed Care Rules

On May 26, 2015, the Centers for Medicare and Medicaid Services (CMS) released a notice of proposed rulemaking (NPRM) to overhaul the regulations governing Medicaid managed care and make conforming changes to the rules that…more

CHIP, CMS, Grievance Process, Managed Care Contracts, Medicaid

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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, FDSH, Health Insurance Exchanges

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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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Neighbors’ Noise Complaints Trigger EIR

Keep Our Mountains Quiet v. County of Santa Clara - Why It Matters: The Sixth District Court of Appeal affirmed the trial court’s holding that preparation of an EIR was required for the approval of a use permit to allow…more

CEQA, Environmental Impact Report, Land-Use Permits, Mitigated Negative Declaration, Noise Complaints

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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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White House Reboots Draft Guidance on Evaluating Climate Change Impacts

The White House Council on Environmental Quality (CEQ) has restarted the process for formal advice on how best to evaluate greenhouse gas (GHG) emissions and the impacts of climate change under the National Environmental Policy…more

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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, Insurers

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Employment Law - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar…more

ADA, Class Certification, Classification, Comment Period, Conciliation

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Corporate Investigations & White Collar Defense - June 2015

The Unfolding FIFA Scandal: Will the DOJ Show the Banks a Red Card? - Why it matters: The worldwide soccer community has for years decried the brazen corruption that permeated FIFA, international soccer’s governing…more

Attorney-Client Privilege, Banks, Bribery, Compliance, DOJ

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Manatt on Medicaid: CMS Approves Indiana Waiver to Expand Medicaid

On January 27, 2015, the Centers for Medicare and Medicaid Services (CMS) approved Indiana’s waiver request under Section 1115 of the Social Security Act to implement its Medicaid expansion. Referred to as the Healthy Indiana…more

CMS, Cost-Sharing, Health Insurance, Medicaid, Medicaid Expansion

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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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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

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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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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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Medicaid Update - May 2015

CMS Proposes Permanent Enhanced Funding for Medicaid Eligibility Systems and Stronger Framework for Medicaid IT - Editor’s Note: On April 16, 2015, the Centers for Medicare and Medicaid Services (CMS) issued the…more

Affordable Care Act, CMS, Federal Funding, Healthcare, Medicaid

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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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Lenders Get TRID Reprieve Thanks to CFPB Admin Error

Why it matters - An “administrative error” on the part of the Consumer Financial Protection Bureau (CFPB) may have been the best news lenders received in a long time. On August 1, the new TRID (TILA-RESPA Integrated…more

CFPB, Compliance, Consumer Protection Act, Dodd-Frank, ECOA

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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 - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar…more

ADA, Class Certification, Classification, Comment Period, Conciliation

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Real Estate and Land Use: Party On...

Woody’s Group, Inc. v. City of Newport Beach (2015) 233 Cal.App.4th 1012 - Why It Matters: Woody’s Group establishes a very low threshold to prove a decision maker’s unacceptable probability of actual bias, thereby…more

Appeals, Bias, City Councils, Conditional Use Permit, County Planning Commissions

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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, Insurers

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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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Appellate Practice Roundup - February 2015

Over the past few months, a number of important appellate procedure opinions have issued in federal and California appellate courts regarding posttrial motions, appealability, and appellate jurisdiction under various…more

Appeals, Class Action, Class Certification, Gelboim v Bank of America, Jurisdiction

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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 - 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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DOJ Reaches Deal In Auto Lending Discrimination Case

Why it matters - In what the government calls its first ever discrimination settlement involving “buy here, pay here” auto financing, the Department of Justice (DOJ) and North Carolina Attorney General reached a deal with…more

Automotive Loans, CFPB, Discrimination, DOJ, ECOA

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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, 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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My Life for Your Love: California Supreme Court to Decide Whether Frankie Valli’s Life Insurance Policy is Community Property

On April 3, 2014, the California Supreme Court heard oral arguments in the matter In re Marriage of Valli, S193990. The major legal question presented to the Court is whether a life insurance policy purchased with community…more

Community Property, Life Insurance

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Ouch! SEC’s Proposed Executive Compensation Clawback Rules Carry a Sting

On July 1, 2015, the Securities and Exchange Commission proposed long-awaited rules to implement provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 mandating any company whose securities are…more

Clawbacks, Corporate Governance, Disclosure Requirements, Executive Compensation, Form 10-K

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Health Update - Jun 2014

Removing Regulatory Barriers to Accelerate EHR Adoption - Recognizing the potential long-term value of EHRs for improving care and reducing costs, many hospitals considered offering physicians financial support to…more

CMS, Data Protection, EHR, Healthcare, Healthcare Reform

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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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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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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, Real Estate Development, Statute of Limitations

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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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Health Update - Jan 27, 2014

Going Digital with Patients: Managing Potential Liability Risks of Patient-Generated Electronic Health Information - Patients are increasingly using new electronic tools, such as personal health records and mobile…more

Affordable Care Act, Cybersecurity, Data Breach, Data Protection, EHR

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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 - July 2015 #4

CMS offers a special enrollment period for HealthCare.gov enrollees whose incomes were miscalculated due to system error; California Marketplace announces two new insurers; and Connecticut’s budget reduces eligibility levels for…more

CCIIO, CMS, DSRIP, Enrollment, Fast Track Process

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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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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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Manatt on Medicaid: Tennessee Releases Draft Waiver Amendment for Approval to Implement ACA Medicaid Expansion

On January 8, 2015, Tennessee released a proposal to expand its Medicaid program through an amendment to its current TennCare II waiver under Section 1115 of the Social Security Act. Tennessee’s two-year proposal, called Insure…more

Affordable Care Act, Healthcare, Healthcare Reform, Medicaid, Medicaid Expansion

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5 Things to Know About Tenant Star

President Barack Obama signed the Energy Efficiency Improvement Act of 2015 into law on April 30, 2015. In part, the Act allows the Environmental Protection Agency and the Department of Energy to establish and implement a…more

Commercial Tenants, DOE, Energy Efficiency, Energy Efficiency Improvement Act, EPA

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Financial Services Weekly News Roundup - May 2015 #4

CFPB Fines Bank $7.5M for Overdraft Violations, With $49M More in Redress - Why it matters: In its first action targeting overdraft fees, the Consumer Financial Protection Bureau (CFPB) fined Regions Bank $7.5 million…more

Banks, CFPB, Choke Point, Department of Financial Services, FinCEN

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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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Insurance Recovery Law - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,…more

Appeals, Bad Faith, Breach of Contract, CERCLA, Commercial General Liability Policies

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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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BSA, AML Failures by West Virginia Bank Yield FDIC, FinCEN, DOJ Actions

Why it matters - In a coordinated effort, the U.S. government identified another “poster child” to demonstrate its continued vigilance and earnestness in pursuing lax BSA/AML procedures and oversight and violations of law…more

Anti-Money Laundering, Bank Secrecy Act, Banks, BSA/AML, Civil Monetary Penalty

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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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TCPA Connect - July 2015

SPECIAL FOCUS: FCC Issues Long Awaited TCPA Declaratory Ruling and Order - On July 10, 2015, the Federal Communications Commission (FCC) issued its omnibus Declaratory Ruling and Order (Ruling) addressing 21 petitions filed…more

Auto-Dialed Calls, Call Blocking, Class Action, Common Carriers, Declaratory Rulings

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Changes Likely in Final Version of EPA's Clean Power Plan

EPA's rules regulating greenhouse gas emissions from power plants are expected to be finalized by the end of the summer. It has been nearly two years since the EPA unveiled its proposed greenhouse gas emissions standards under…more

Carbon Capture and Sequestration, Carbon Emissions, Clean Air Act, Clean Power Plan, Coal-Fired Plants

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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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New Published Decision Reaffirms Protection for Insurers Bringing Good Faith Interpleader Actions in California

In Farmers New World Life Ins. Co. v. Rees,—Cal. Rptr. 3d—, 2013 WL 4654611 (August 30, 2013), the Second District of the California Court of Appeal vindicated the rights of an insurer that interpleaded funds in good faith,…more

Attorney's Fees, Good Faith, Insurers, Pleadings

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Advertising Law - July 2015 #4

FTC And Florida AG Team up Against Medical Alert Systems - Together with the Florida Attorney General, the Federal Trade Commission filed suit against Lifewatch for allegedly using deceptive robocalls to urge older…more

Attorney Generals, Auto-Dialed Calls, Class Action, Consumer Watchdog, Data Privacy

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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

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Employment Law - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar…more

ADA, Class Certification, Classification, Comment Period, Conciliation

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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

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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

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Manatt on Medicaid: 10 Trends to Watch in 2015

Medicaid is the single largest payer for healthcare services in every state. With nearly 10 million people enrolling in 2014 alone, total enrollment nationally tops 68 million, or one in five Americans…more

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Saving to Win Big: Prize-Linked Savings Accounts Are the Newest Promotional Trend

It’s a lottery where you can’t lose, but is it legal? A growing promotional trend being utilized by financial institutions such as banks and credit unions is the offering of prize-linked savings (PLS) products, which provide…more

Banking Sector, Banks, Financial Promotions, Gambling, Lottery

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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, Knight Commission, NCAA, School Sports

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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

Insurers, Life Insurance, Property Insurance

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Manatt Digital Media - May 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

Digital Media, Entertainment Industry, Film Industry, Live Streaming, Media

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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

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Insurance Recovery Law - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,…more

Appeals, Bad Faith, Breach of Contract, CERCLA, Commercial General Liability Policies

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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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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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Health Update - March 2015

Supporting Informed Decision Making in the Health Insurance Marketplace: A Progress Report - Editor’s note: As Affordable Care Act (ACA) implementation moves forward and the marketplace continues to evolve, there is a…more

ACOs, Affordable Care Act, Antitrust Provisions, Clinical Trials, Health Insurance

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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 2014

Litigation Arising from the Affordable Care Act: The Blessing and Curse of Interesting Times - The Affordable Care Act (ACA) has brought the most sweeping changes to the healthcare delivery and payment systems in the…more

Affordable Care Act, CMS, Data Breach, Data Protection, EHR

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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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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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Have You Tried an MOB?

Whether in times of economic troubles or economic successes, varying your real estate investments is always a wise move. Discussions often revolve around retail, industrial, multifamily and commercial asset classes. However,…more

Healthcare, Real Estate Market

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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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Employment Law - July 2015 #2

DOL Proposes Major Overhaul of Overtime Rules: Why it matters - Expanding the scope of employees eligible for overtime, the Department of Labor (DOL) released its long-awaited new rules revising the white collar…more

ADA, Class Certification, Classification, Comment Period, Conciliation

See All Updates »

Manatt on Medicaid: The Emerging Conversation About the Future of CHIP

During passage of the Affordable Care Act (ACA), a debate erupted over the future of the Children’s Health Insurance Program (CHIP), a well-established program that now offers coverage to 8 million children in low- and…more

Affordable Care Act, CHIP, Federal Funding, Funding, Health Insurance Exchanges

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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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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

Dominican Republic, Electricity, Energy Sector

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Lawmakers Consider Regulation of Data Brokers

Why it matters - Could the data broker industry become subject to regulation for the first time? If a new bill passes Congress, the answer could be yes. Originally introduced by former Sen. Jay Rockefeller (D-W.Va.), the…more

Data Brokers, Data Collection, Data Use Policies, Direct Marketing Association, FTC

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EPA Commits to Voluntary Compliance Auditing Program, Streamlines Enforcement Incentives Process

Environmental regulatory compliance auditing is a critical and central component of an effective environmental management system (EMS). To encourage companies to establish and maintain formal environmental management systems…more

Audits, Environmental Management Systems, EPA

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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 - 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 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

Insurers, Life Insurance, Property Insurance

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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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Regulators Keep Their Feet on the Gas in Actions Against Auto Lenders; NY AG Latest to Bring Suit

Why it matters - The automotive industry is continuing to face heavy scrutiny from regulators. On the heels of a Federal Trade Commission operation and new oversight from the Consumer Financial Protection Bureau, the New…more

After-Sales Services, Attorney Generals, Auto Lease, Automotive Industry, Automotive Loans

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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 - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,…more

Appeals, Bad Faith, Breach of Contract, CERCLA, Commercial General Liability Policies

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Industry Weighs In on Data Security, Cybersecurity Legislation

Industry Weighs In on Data Security, Cybersecurity Legislation: Why it matters - Members of the financial industry were able to share their positions and voice concerns at a recent hearing held by the House…more

Cyber Attacks, Cybersecurity, Data Protection, Financial Institutions, Hackers

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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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Healthcare Law -- Jul 15, 2013

How Does the DOMA Defeat Impact Healthcare Reform and Health Insurance Access? - NOTE: The Supreme Court's 5-4 decision to invalidate the Defense of Marriage Act (DOMA) will affect more than 1,000 federal statutes—and…more

Affordable Care Act, Delays, DOMA, Employee Benefits, Employer Mandates

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Corporate Investigations & White Collar Defense - June 2015

The Unfolding FIFA Scandal: Will the DOJ Show the Banks a Red Card? - Why it matters: The worldwide soccer community has for years decried the brazen corruption that permeated FIFA, international soccer’s governing…more

Attorney-Client Privilege, Banks, Bribery, Compliance, DOJ

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New York State Department Of Environmental Conservation Initiates Audit And Penalty Waiver Policy

The New York State Department of Environmental Conservation ("DEC") has issued a new Environmental Audit Incentive Policy (Commissioner Policy No. 59) that is intended to encourage regulated entities to audit their practices and…more

Audits, Department of Environmental Conservation, Disclosure Requirements, Penalties, Waivers

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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

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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

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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

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New York Bank Sued for Fair Housing, Lending Violations

Why it matters - New York banks are continuing to face lawsuits over alleged discriminatory lending practices. In September 2014, the state’s Attorney General, Eric T. Schneiderman, filed a “redlining” suit against Evans…more

Banks, Discrimination, Fair Housing, Mortgage Lenders, Mortgages

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Contact

11355 West Olympic Blvd.
Los Angeles, CA 90064, United States

  • 310-312-4000
  • 310-312-4224

Areas of Practice
  • Antitrust & Trade Regulation
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