Manatt, Phelps & Phillips, LLP

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Los Angeles, CA 90064, United States

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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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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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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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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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FDIC Releases FAQ on Brokered Deposits

Why it matters - The Federal Deposit Insurance Corporation (FDIC) started 2015 by releasing new FAQs for brokered deposits, which address issues such as the definition of a “deposit broker” and when the “primary purpose”…more

Banking Sector, Banks, Brokered Deposits, FDIC

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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 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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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 - January 2015

U.S. Supreme Court: Security Screenings Not Compensable - Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by…more

ADA, Amazon, Employer Liability Issues, FEHA, FLSA

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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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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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Supreme Court Limits Conditions

The U.S. Supreme Court has issued its opinion in Koontz v. St. Johns River Water Management Agency. The case involved the extent of local government's ability to place conditions on the issuance of land use permits. Although the…more

Dolan v City of Tigard, Fifth Amendment, Koontz v St John's River Water Management, Land Developers, Nexus

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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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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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Insurance Recovery Law - January 2015 #2

More Important Rulings From J.P. Morgan's New York Coverage Litigation - Why it matters: A New York Appellate Court unanimously held that a group of insurers could not invoke a Dishonest Acts Exclusion in a…more

Bear Sterns, Duty to Defend, Enforcement Actions, Insurance Litigation, JPMorgan Chase

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Advertising Law - December 2014

SPECIAL FOCUS: Adding You to My Professional Network Emails May End Up Being Costly for LinkedIn as Publicity Rights Suit Moves Forward: A putative class action alleging that LinkedIn Corp. violated their right of…more

Advertising, Anti-SLAPP, Communications Decency Act, Emails, False Advertising

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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 - January 2015

U.S. Supreme Court: Security Screenings Not Compensable - Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by…more

ADA, Amazon, Employer Liability Issues, FEHA, FLSA

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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 - January 2015 #2

More Important Rulings From J.P. Morgan's New York Coverage Litigation - Why it matters: A New York Appellate Court unanimously held that a group of insurers could not invoke a Dishonest Acts Exclusion in a…more

Bear Sterns, Duty to Defend, Enforcement Actions, Insurance Litigation, JPMorgan Chase

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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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Digital Currency Corner - What FinCEN’s Denial of Payment Processing Exemption for Virtual Currency-Related Businesses Means for Traditional Payment Processors

Why it matters - The rapid evolution of virtual and digital currencies has spawned significant activity in several federal agencies with implications potentially for traditional entities in certain cases. In addition to…more

Bank Secrecy Act, Banking Sector, Banks, Bitcoin, Brokers

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Governor Brown Proposes “Big Ideas” for Energy and Climate in His Fourth and Final Term

Governor Brown was sworn into office yesterday and gave his fourth inaugural address, which also doubled as his State of the State. Though he touched on a variety of other proposals, the Governor kept his laser focused on…more

Carbon Emissions, Climate Change, Energy Policy, Jerry Brown, Legislative Agendas

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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 - 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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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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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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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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California Publishes Two Statutorily Mandated Studies on Fracking and Other Oil and Gas Stimulation Methods

On January 14, 2015, the State of California released two anticipated studies concerning hydraulic fracturing, also known as “fracking,” in California pursuant to Senate Bill 4 (SB 4) enacted in 2013. The California Natural…more

Department of Conservation, DOGGR, Environmental Assessments, Environmental Impact Report, Fracking

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Manatt on Medicaid: The Basic Health Program: New Final Guidance Offers Insight Into Program Rules and Financing

The Patient Protection and Affordable Care Act (ACA) gives states the option to establish a Basic Health Plan (BHP)—an alternative coverage vehicle for lower-income individuals who would otherwise be eligible for Marketplace…more

CMS, Healthcare, Medicaid

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Advertising Law - January 2015 #3

President Obama Focuses on Cybersecurity, Privacy, Data Breach Notification - Data security and privacy concerns received special attention in President Obama’s State of the Union address where the President advocated his…more

Advertising, Barack Obama, CFAA, Consumer Privacy Bill of Rights, Cybersecurity

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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 - 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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Health Update - November 2014

“Healthcare-Related” Calls: Ambiguity at the Intersection of HIPAA and TCPA - Editor’s Note: The Federal Communications Commission (FCC) has established exemptions from certain requirements of the Telephone Consumer…more

Business Associates, Covered Entities, Draft Guidance, Electronic Medical Records, FCC

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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 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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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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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

See All Updates »

Advertising Law - January 2015 #3

President Obama Focuses on Cybersecurity, Privacy, Data Breach Notification - Data security and privacy concerns received special attention in President Obama’s State of the Union address where the President advocated his…more

Advertising, Barack Obama, CFAA, Consumer Privacy Bill of Rights, Cybersecurity

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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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OCC Report Highlights Wide Range of Potential Risks

Why it matters - The OCC’s most recent report on current key risks should be read by all banks, regardless of size or regulator, as a road map in preparing for the next examination. Few banks would ever admit they may…more

Banking Sector, Banks, Corporate Governance, Cybersecurity, Industry Examinations

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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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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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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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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

See All Updates »

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

See All Updates »

Employment Law - January 2015

U.S. Supreme Court: Security Screenings Not Compensable - Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by…more

ADA, Amazon, Employer Liability Issues, FEHA, FLSA

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Health Update -- Oct 23, 2013

Mapping The New Fraud And Abuse Landscape - In an age of increased government scrutiny and enforcement, providers, payers, pharmaceutical companies and medical device manufacturers, along with their business partners,…more

Anti-Kickback Statute, Compliance, DOJ, Enforcement, False Claims Act

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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 - 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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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 - 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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NFL Films Ruling Blurs Right of Publicity

Earlier this year the Seventh Circuit stated that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Jordan v. Jewel Food Stores, Inc., 743 F.3d 509, 514…more

Athletes, Commercial Speech, First Amendment, Free Speech, Misappropriation

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Insurance Recovery Law - January 2015 #2

More Important Rulings From J.P. Morgan's New York Coverage Litigation - Why it matters: A New York Appellate Court unanimously held that a group of insurers could not invoke a Dishonest Acts Exclusion in a…more

Bear Sterns, Duty to Defend, Enforcement Actions, Insurance Litigation, JPMorgan Chase

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Employment Law - January 2015

U.S. Supreme Court: Security Screenings Not Compensable - Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by…more

ADA, Amazon, Employer Liability Issues, FEHA, FLSA

See All Updates »

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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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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Manatt on Medicaid: The Numbers

Even as the news media tries to untangle the latest data on Marketplace enrollment, an equally important and still-evolving story is playing out on the Medicaid side of the open enrollment equation. According to a Centers for…more

Affordable Care Act, CHIP, CMS, Healthcare, 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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Real Estate and Land Use - November 2014

Change of Heart – Court of Appeal Reverses Opinion in Bowman v. California Coastal Commission - Why it matters: The court in Bowman originally held that a permit condition could not be modified or deleted by a second…more

Appeals, California Coastal Commission, CEQA, Coastal Real Estate, Easements

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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 - October 2014

Accepting a Permit “Under Protest” Does Not Work in the Coastal Zone - (Lynch v. California Coastal Commission (2014) 229 Cal. App. 4th 658): Why it matters: Lynch v. California Coastal Commission firmly dispels the myth…more

California Coastal Commission, CEQA, Coastal Real Estate, Construction Permits, Deeds

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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 - January 2015

U.S. Supreme Court: Security Screenings Not Compensable - Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by…more

ADA, Amazon, Employer Liability Issues, FEHA, FLSA

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BSA Compliance Fails, Go to Jail: A New Challenge for Directors and Officers of Financial Institutions

For many years the government has encouraged directors and officers of corporations to ensure that they have robust compliance programs to detect and prevent violations of law. This is especially important in regulated…more

Anti-Money Laundering, Bank Secrecy Act, Compliance, Deferred Prosecution Agreements, 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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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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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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CFPB Proposes Expanded Auto Lenders Regulation

The Consumer Financial Protection Bureau’s (CFPB) recent proposal to exercise its authority under the Dodd-Frank Act to supervise large nonbank automobile lenders may have finance companies working to enforce nondiscrimination…more

Automotive Industry, Automotive Loans, Car Dealerships, CFPB, Dodd-Frank

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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 - January 2015

U.S. Supreme Court: Security Screenings Not Compensable - Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by…more

ADA, Amazon, Employer Liability Issues, FEHA, FLSA

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Real Estate and Land Use - October 2014

Accepting a Permit “Under Protest” Does Not Work in the Coastal Zone - (Lynch v. California Coastal Commission (2014) 229 Cal. App. 4th 658): Why it matters: Lynch v. California Coastal Commission firmly dispels the myth…more

California Coastal Commission, CEQA, Coastal Real Estate, Construction Permits, Deeds

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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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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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Real Estate and Land Use - August 2014

Chula Vista Citizens for Jobs and Fair Competition, et al. v. Donna Norris, et al. - Why it matters: With land use issues and development projects increasingly the subject of local ballot initiatives, it is imperative to…more

Air Pollution, Environmental Impact Report, Environmental Liability, Environmental Policies, Land-Use Permits

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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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Borrowers Need Not File Suit to Rescind Mortgage Loan Under TILA, U.S. Supreme Court Holds

Why it matters - In a victory for consumers, the U.S. Supreme Court unanimously ruled that the Truth in Lending Act (TILA) does not require borrowers to file suit to rescind a mortgage loan transaction within the…more

Bank of America, Jesinoski v Countrywide, Mortgage Lenders, Mortgage Servicers, Mortgages

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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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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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Lawmakers Query Banks About Data Security

Why it matters - Suffered a cyber attack over the last year? Members of Congress want to hear about it, and all financial institutions should be prepared to competently respond to government inquiries if they are a victim…more

Banks, Cybersecurity, Data Breach, Financial Institutions, Government Investigations

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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 - January 2015

SPECIAL FOCUS: Fifth Circuit Clarifies the Law on False Advertising Involving “Scientific Debates” - In 2013, the Second Circuit issued an important opinion in Ony, Inc. v. Cornerstone Therapeutics, Inc., a false…more

Advertising, Cramming, Data Brokers, Eastman Chemical, Enforcement Actions

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Real Estate and Land Use - October 2014

Accepting a Permit “Under Protest” Does Not Work in the Coastal Zone - (Lynch v. California Coastal Commission (2014) 229 Cal. App. 4th 658): Why it matters: Lynch v. California Coastal Commission firmly dispels the myth…more

California Coastal Commission, CEQA, Coastal Real Estate, Construction Permits, Deeds

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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 on Health Reform: Weekly Highlights #4

This week, the IRS announces relief for some taxpayers who received excess advanced premium tax credits; Indiana and Arkansas make major announcements on Medicaid expansion and Iowa’s Governor announces a shift towards Medicaid…more

Affordable Care Act, CHIP, Congressional Budget Office, Drug Testing, Health Insurance

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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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Financial Services Law

Court: FTC Can Regulate Payday Lenders Affiliated With Indian Tribes - In what is being hailed by the Federal Trade Commission as a victory for regulators, a federal court judge in Nevada has ruled that the FTC has the…more

FTC, Jurisdiction, Payday Loans, Tribal Loans

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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 - January 2015 #2

More Important Rulings From J.P. Morgan's New York Coverage Litigation - Why it matters: A New York Appellate Court unanimously held that a group of insurers could not invoke a Dishonest Acts Exclusion in a…more

Bear Sterns, Duty to Defend, Enforcement Actions, Insurance Litigation, JPMorgan Chase

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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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OCC Updates Process, Policy on “Matters Requiring Attention”

Why it matters - To encourage communication of problems and expediency of correction, the Office of the Comptroller of the Currency (OCC) updated its policy on “Matters Requiring Attention,” or MRAs, in a newly released…more

Banks, Examiners, OCC, Standards & Procedures

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Expansion of California’s Anti-Deficiency Laws Means More Litigation For Creditors

Turning a narrow consumer shield into a potentially broad sword, this summer California expanded its anti-deficiency judgment laws to prohibit not only the judicial pursuit of mortgage deficiency balances, but also to declare…more

Anti-Deficiency Provisions, Creditors, Debt Collection, Deficiency Judgments, Foreclosure

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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 - January 2015 #3

President Obama Focuses on Cybersecurity, Privacy, Data Breach Notification - Data security and privacy concerns received special attention in President Obama’s State of the Union address where the President advocated his…more

Advertising, Barack Obama, CFAA, Consumer Privacy Bill of Rights, Cybersecurity

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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 - January 2015

U.S. Supreme Court: Security Screenings Not Compensable - Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by…more

ADA, Amazon, Employer Liability Issues, FEHA, FLSA

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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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Manatt on Medicaid: CMS Launches Medicaid Innovation Accelerator Program to Advance Delivery System Reform

On July 14 the Centers for Medicare & Medicaid Services (CMS) announced the Medicaid Innovation Accelerator Program (IAP), an initiative to provide $100 million in federal funding for technical assistance (TA) to states to…more

CHIP, CMMI, CMS, Federal Funding, Funding

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Manatt on Medicaid: Pennsylvania Receives Federal Approval to Implement Medicaid Expansion

On August 28, 2014, the Centers for Medicare and Medicaid Services (CMS) approved Pennsylvania’s application under Section 1115 of the Social Security Act to implement a Medicaid expansion effective January 1, 2015, through a…more

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

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Manatt Digital Media - October 2014

Hashtags and Ads: Top 10 Legal Considerations for Brands Involved in Digital and Social Media Advertising - In today’s competitive marketplace, brands are relying heavily on social media and other digital methods to…more

Advertising, Brand, Content Marketing, Data Protection, Digital Media

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Ethics: Cleaning Up Your Act

Ever read a brief and felt the urge to cry out "this stinks?" Well, an appellate court in Indiana had that experience last summer, and meant it literally. The court's opinion dropped a footnote to complain that the physical…more

Compliance, Corporate Culture, Ethics

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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 - 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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Insurance Recovery Law - January 2015 #2

More Important Rulings From J.P. Morgan's New York Coverage Litigation - Why it matters: A New York Appellate Court unanimously held that a group of insurers could not invoke a Dishonest Acts Exclusion in a…more

Bear Sterns, Duty to Defend, Enforcement Actions, Insurance Litigation, JPMorgan Chase

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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 - August 2014 #5

The Five Megatrends Shaping Pharma’s Next Decade: Sustaining Success in a New Market Landscape - Disruptive trends in the healthcare system will force companies to change their strategies. With new care models emerging,…more

ACOs, Affordable Care Act, Emerging Markets, Healthcare, Healthcare Reform

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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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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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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 - Feb 25, 2014

Integrating Physical and Behavioral Health: Strategies for Overcoming Legal Barriers to Health Information Exchange - A growing number of Medicaid officials believe that coordinating care across the physical and…more

Affordable Care Act, CLIA, Data-Sharing, Eligibility, Final Rules

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Employment Law - January 2015

U.S. Supreme Court: Security Screenings Not Compensable - Why it matters: In a closely watched case, the U.S. Supreme Court unanimously reversed the Ninth U.S. Circuit Court of Appeals to rule that the time spent by…more

ADA, Amazon, Employer Liability Issues, FEHA, FLSA

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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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DOMINICAN REPUBLIC – Government Sets Date to Start Discussions About the National Accord for the Electricity Sector Reform and Presents Proposals

The Dominican government has announced that formal discussions about the so-called “National Accord for the Reform of the Electricity Sector,” which President Medina formally called for by means of Decree 389-14, dated October…more

Dominican Republic, Energy Policy, Energy Sector

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Pushing for Security, President Signs Executive Order on Chip-and-PIN Tech

Why it matters - In an effort to push retailers to adopt heightened security for credit and debit cards, President Barack Obama signed an executive order mandating chip-and-PIN technology for government cards…more

CFPB, Credit Cards, Data Protection, Executive Orders

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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 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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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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CFPB Releases Proposed Prepaid Product Rule

Why it matters - The Consumer Financial Protection Bureau (CFPB) released a proposed rule that Director Richard Cordray said would “fill key gaps” for consumers regarding prepaid products. The 870-page proposal would add…more

American Express, CFPB, Credit Cards, Prepaid Payment Products, Savings Plans

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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 - January 2015 #2

More Important Rulings From J.P. Morgan's New York Coverage Litigation - Why it matters: A New York Appellate Court unanimously held that a group of insurers could not invoke a Dishonest Acts Exclusion in a…more

Bear Sterns, Duty to Defend, Enforcement Actions, Insurance Litigation, JPMorgan Chase

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New York Banks Face New Cybersecurity Exam Process

Why it matters - Adding to the banks’ compliance obligations, effective immediately, banks chartered or licensed in New York will now face an updated cybersecurity examination process, Superintendent of the Department of…more

Banks, Cybersecurity, Department of Financial Services, Industry Examinations

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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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Health Update -- Oct 23, 2013

Mapping The New Fraud And Abuse Landscape - In an age of increased government scrutiny and enforcement, providers, payers, pharmaceutical companies and medical device manufacturers, along with their business partners,…more

Anti-Kickback Statute, Compliance, DOJ, Enforcement, False Claims Act

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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 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 - 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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Plaintiff’s Law Firm Steps Up Actions Against Bitcoin-Related Companies: Crypto Currency Exchange and Founder Sued for “Theft” of Bitcoin

According to a complaint filed in a Florida court, a Cryptsy account holder is claiming that Project Investors, Inc. (dba Cryptsy) and its founder and CEO should be held liable for Bitcoin allegedly stolen from his Cryptsy…more

Bitcoins, Cryptsy, Fraud, Securities Litigation, Unfair or Deceptive Trade Practices

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Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
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  • Bankruptcy
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Other U.S. Locations
  • California
  • D.C.
  • New York
Number of Attorneys

100+ Attorneys

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