Manatt, Phelps & Phillips, LLP

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Marcia D. Alazraki

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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Stephanie Anthony

Healthcare Law -- Sep 26, 2013

Engaging Consumers to Improve Integrated Care Models - Integrated care is a growing trend in health reform, as states seek to improve care quality, health outcomes and patient satisfaction while containing healthcare…more

ACOs, Affordable Care Act, CMS, Health Insurance Exchanges, Healthcare

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Ashley Antler

Final Mental Health Parity Rules Clarify Requirements Regarding Treatment Limitations and Plan Disclosure Obligations

On November 8, 2013, over three years after issuing interim final regulations, the Obama administration released final rules implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008…more

Healthcare, MHPAEA, Substance Abuse

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Joel Ario

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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Steve Arnold

Financial Services Law - Feb 10, 2014

Swipe Fee Settlement Yields More Litigation - Although the parties reached a $7.25 billion class action settlement of the antitrust suit brought by merchants against Visa and MasterCard over swipe fees, the case is far…more

American Express, Antitrust Litigation, Banks, Class Action, Deposit Advances

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Jared Augenstein

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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Deborah Bachrach

Manatt on Medicaid: New Hampshire Elects to Expand Medicaid Using Private Plans

Last week, New Hampshire’s governor signed a law (Senate Bill 413-FN-A) that will expand Medicaid to adults with incomes up to 133 percent of the federal poverty line. The law is expected to result in some 50,000 New Hampshire…more

Healthcare, Medicaid, Medicaid Expansion, Medicare

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Sharon Bauman

Employment Law

PAGA Suit Belongs in State, Not Federal, Court Says Ninth Circuit - Why it matters: A wage and hour suit brought under California’s Private Attorney General Act (PAGA) belongs in state , not federal , court, the Ninth…more

CAFA, Compliance, EEOC, FEHA, PAGA

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Renée Becker

Federal Reserve Adopts Basel III for U.S. Banks

On July 2, 2013, the Federal Reserve Board approved a final rule implementing the Basel III regulatory capital reforms from the Basel Committee on Banking Supervision as well as certain changes required by the Dodd-Frank Wall…more

Banks, Basel Committee, Basel III, Consumer Protection Act, Dodd-Frank

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Robert Becker

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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Robert Belfort

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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Michael Berger

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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William S. Bernstein

Health Update

Ten Years In: Charting the Progress of Health Information Exchange in the U.S. - HITECH: Federal Dollars Spur Adoption and Use: The modern era of HIE-related public policy began in May 2004 with the appointment of…more

Affordable Care Act, CMS, EHR, Healthcare, Healthcare Reform

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Adam Block

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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James Bonham

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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Patricia Boozang

Manatt on Medicaid: New Hampshire Elects to Expand Medicaid Using Private Plans

Last week, New Hampshire’s governor signed a law (Senate Bill 413-FN-A) that will expand Medicaid to adults with incomes up to 133 percent of the federal poverty line. The law is expected to result in some 50,000 New Hampshire…more

Healthcare, Medicaid, Medicaid Expansion, Medicare

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Amy Briggs

Insurance Recovery Law

Insurer Should Have Considered Extrinsic Facts When Determining Whether A Potential for Coverage Existed, Ninth Circuit Concludes - Why it matters: In a fascinating – albeit unpublished – decision from the Ninth…more

Duty to Defend, Indemnification, Policy Exclusions, Recovery Laws

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Donald Brown

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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Kathleen Brown

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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Alan Brunswick

Employment Law

PAGA Suit Belongs in State, Not Federal, Court Says Ninth Circuit - Why it matters: A wage and hour suit brought under California’s Private Attorney General Act (PAGA) belongs in state , not federal , court, the Ninth…more

CAFA, Compliance, EEOC, FEHA, PAGA

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Daniele Capasso

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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Juan Casillas

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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Veronica Cerruti

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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Harry Chamberlain

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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Carol Van Cleef

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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Jon Costantino

Environmental Law - Mar 14, 2014: California Proposes Inaugural List of Priority Products to Be Regulated by the Safer Consumer Products Regulations

After years in the making, the California Department of Toxic Substances Control (DTSC) released its list of the first group of Priority Products it proposes to regulate under the California Safer Consumer Products regulations…more

Children's Products, Department of Toxic Substances Control, Green Chemistry, Hazardous Substances

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Richard Costigan, III

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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Andrew Detty

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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Jill Dodd

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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Rory Donald

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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Peter Duchesneau

Environmental Law - Mar 14, 2014: California Proposes Inaugural List of Priority Products to Be Regulated by the Safer Consumer Products Regulations

After years in the making, the California Department of Toxic Substances Control (DTSC) released its list of the first group of Priority Products it proposes to regulate under the California Safer Consumer Products regulations…more

Children's Products, Department of Toxic Substances Control, Green Chemistry, Hazardous Substances

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Melinda Dutton

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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Jeffrey Edelstein

Advertising Law

COPPA + State Law = Privacy Protection for Teens - How does the Children’s Online Privacy Protection Act (COPPA) interact with state law privacy protections for teens? According to amicus briefs filed by both the…more

Advertising, COPPA, Data Protection, Privacy Laws

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Thomas Enders

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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Jonah P. B. Frohlich

Health Update

Ten Years In: Charting the Progress of Health Information Exchange in the U.S. - HITECH: Federal Dollars Spur Adoption and Use: The modern era of HIE-related public policy began in May 2004 with the appointment of…more

Affordable Care Act, CMS, EHR, Healthcare, Healthcare Reform

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Linda Goldstein

Advertising Law

COPPA + State Law = Privacy Protection for Teens - How does the Children’s Online Privacy Protection Act (COPPA) interact with state law privacy protections for teens? According to amicus briefs filed by both the…more

Advertising, COPPA, Data Protection, Privacy Laws

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Roger Grable

Prevailing Wage Update: New Law Limits Charter City Exemption

Charter cities were pleased with the California Supreme Court decision in State Building and Construction Trades Council of California AFL-CIO v. City of Vista, which permitted charter cities to avoid the requirement for the…more

Charter Cities, Infrastructure, Prevailing Wages, Public Works

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Mick Grasmick

Banking Law -- Aug 26, 2013

What Many Foreign Banks and Community Banks Have in Common - Strange as it may seem, community banks and the U.S. operations of foreign banks are often treated similarly; their interests are usually legislative and…more

Banks, Community Banks, Dodd-Frank, Foreign Banks

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Jocelyn Guyer

Manatt on Medicaid: New Hampshire Elects to Expand Medicaid Using Private Plans

Last week, New Hampshire’s governor signed a law (Senate Bill 413-FN-A) that will expand Medicaid to adults with incomes up to 133 percent of the federal poverty line. The law is expected to result in some 50,000 New Hampshire…more

Healthcare, Medicaid, Medicaid Expansion, Medicare

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Timi Hallem

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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Shawn Hansen

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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Scott Hatch

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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John J. Heber

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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David Herbst

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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Ileana Hernandez

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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Susan Hori

Supreme Court Allows Future Conditions to Be Used as the Baseline Under Limited Circumstances

Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (August 5, 2013, S202828) __ Cal.4th __(“Neighbors”). What is the baseline against which environmental impacts are measured? There has been…more

CEQA, Environmental Assessments, Environmental Claims, Environmental Policies, High-Speed Rail

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Esra Hudson

Employment Law

PAGA Suit Belongs in State, Not Federal, Court Says Ninth Circuit - Why it matters: A wage and hour suit brought under California’s Private Attorney General Act (PAGA) belongs in state , not federal , court, the Ninth…more

CAFA, Compliance, EEOC, FEHA, PAGA

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Robert Hussar

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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Susan Ingargiola

Health Update

Ten Years In: Charting the Progress of Health Information Exchange in the U.S. - HITECH: Federal Dollars Spur Adoption and Use: The modern era of HIE-related public policy began in May 2004 with the appointment of…more

Affordable Care Act, CMS, EHR, Healthcare, Healthcare Reform

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N. Richard Janis

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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Scott Johnson

1031 Exchanges: Exchanging Out of California? Do Keep In Touch

As we have noted previously, many property owners are aware that one can sell investment property and reinvest the sales proceeds in like-kind investment property without having to pay tax on the sale. Such transactions are…more

Franchise Tax Board, Franchise Taxes, IRC, Section 1031, Tax-Deferred Exchanges

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James R. Jones

Mexico and the U.S.: Who Needs Who?

Immigration reform discussions are often based on the premise that immigrants desperately want to come to the U.S. and will do whatever it takes to migrate. But this is, increasingly, an incomplete and even dated picture…more

Immigrants, Immigration Reform, Mexico

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Salomon Kalach

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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Ivan Kallick

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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Anne O'Hagen Karl

Health Update - Feb 24, 2014: Manatt on Medicaid: Pennsylvania Submits Waiver Application for Approval to Implement ACA Medicaid Expansion

On February 19, 2014, Pennsylvania submitted to CMS an application requesting approval under Section 1115 of the Social Security Act to implement the Affordable Care Act (ACA) Medicaid expansion effective January 1, 2015…more

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

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Ronald Katz

Hold Your Bets: Third Circuit Rejects Sports Betting Law

The four major professional sports leagues and the NCAA (the leagues) scored a significant victory in September in their ongoing lawsuit to prevent legalized gambling in the state of New Jersey. In a 2–1 decision, the U.S. Court…more

Sports Betting

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David Killalea

Insurance Recovery Law

Insurer Should Have Considered Extrinsic Facts When Determining Whether A Potential for Coverage Existed, Ninth Circuit Concludes - Why it matters: In a fascinating – albeit unpublished – decision from the Ninth…more

Duty to Defend, Indemnification, Policy Exclusions, Recovery Laws

See All Updates »

Sandi King

Employment Law

PAGA Suit Belongs in State, Not Federal, Court Says Ninth Circuit - Why it matters: A wage and hour suit brought under California’s Private Attorney General Act (PAGA) belongs in state , not federal , court, the Ninth…more

CAFA, Compliance, EEOC, FEHA, PAGA

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Michael Kolber

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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Jeremy Lacks

Sports Law - Feb 25, 2014: Losing Streak: Athletes Seeking Workers’ Comp. In California Suffer Setbacks

Professional athletes seeking to take advantage of California’s historically beneficial workers’ compensation scheme suffered back-to-back defeats to close out 2013. Even as public attention to the long-term effects of…more

Athletes, Bodily Injury, Football, NFL, Traumatic Brain Injuries

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Karen Lam

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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Barry Landsberg

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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Kristina Lawson

CEQA "Modernization"—Urgent End-of-Session Alert

We recently reported in our August 20, 2013, newsalert that Senate President Pro Tem Darrell Steinberg’s August 6 amendments to SB 731, The CEQA Modernization Act of 2013, continued to stray further from meaningful CEQA reform…more

CEQA, Environmental Claims, Environmental Policies, New Legislation

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Emily Lee

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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Stanley Levy

Employment Law

PAGA Suit Belongs in State, Not Federal, Court Says Ninth Circuit - Why it matters: A wage and hour suit brought under California’s Private Attorney General Act (PAGA) belongs in state , not federal , court, the Ninth…more

CAFA, Compliance, EEOC, FEHA, PAGA

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John F. Libby

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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Mindy Lipson

Health Update -- Manatt on Medicaid

Manatt on Medicaid: New Strategy for Financing 12 Months of Continuous Coverage for Newly Eligible Adults - The federal government recently issued sub-regulatory guidance that will allow states to receive 98.7 percent to…more

CMS, FMAP, Healthcare, Medicaid, Medicaid Expansion

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Marc D. Luesebrink

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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Fred L. Main

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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Jeffrey Mannisto

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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Ellen Marshall

Financial Services Law - Feb 28, 2014

Light ’em Up: FinCEN’s Cautionary Guidance About Banks Working With Marijuana Companies - The Financial Crimes Enforcement Network’s new guidance on how to work with marijuana-related businesses is unlikely to make it…more

Bank Secrecy Act, Banks, Bitcoins, FinCEN, Marijuana

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Jay B. Martin

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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Mandana Massoumi

Employment Law

PAGA Suit Belongs in State, Not Federal, Court Says Ninth Circuit - Why it matters: A wage and hour suit brought under California’s Private Attorney General Act (PAGA) belongs in state , not federal , court, the Ninth…more

CAFA, Compliance, EEOC, FEHA, PAGA

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Sean Matsler

CEQA "Modernization"—Urgent End-of-Session Alert

We recently reported in our August 20, 2013, newsalert that Senate President Pro Tem Darrell Steinberg’s August 6 amendments to SB 731, The CEQA Modernization Act of 2013, continued to stray further from meaningful CEQA reform…more

CEQA, Environmental Claims, Environmental Policies, New Legislation

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Joanna McCallum

Ninth Circuit Upholds Rescission of Life Insurance Policy and Rejects Novel Theories

This week the Ninth Circuit affirmed a grant of summary judgment in favor of USAA Life Insurance Company, holding that the insurer was entitled to rescind the policy under California law when it discovered that its insured had…more

Insurers, Life Insurance, Medical Records, Misrepresentation, Premiums

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Nancy McGee

Health Update -- Dec 19, 2013

The Debate over Specialty Pharmaceuticals: Is the Promise Worth the Price? - ..What’s the Issue? - Specialty pharmaceuticals are a rapidly growing share of total drug expenditures by public and private health…more

Biologics, FDA, Healthcare, Pharmaceutical, Prescription Drugs

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Michelle McGovern

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

See All Updates »

John McGuinness

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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Brady McShane

CEQA "Modernization"—Urgent End-of-Session Alert

We recently reported in our August 20, 2013, newsalert that Senate President Pro Tem Darrell Steinberg’s August 6 amendments to SB 731, The CEQA Modernization Act of 2013, continued to stray further from meaningful CEQA reform…more

CEQA, Environmental Claims, Environmental Policies, New Legislation

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Holly Melton

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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Craig D. Miller

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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Alex Morin

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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Thomas Morrison

Advertising Law

SPECIAL FOCUS: Supreme Court Adopts Broad Standing Test for False Advertising Plaintiffs - On March 25th, the Supreme Court issued its long-awaited opinion regarding the test for standing in false advertising cases under…more

Advertising, False Advertising, Lanham Act, Lexmark, Lexmark v Static Control Components

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Todd Nelson

Supreme Court Allows Future Conditions to Be Used as the Baseline Under Limited Circumstances

Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (August 5, 2013, S202828) __ Cal.4th __(“Neighbors”). What is the baseline against which environmental impacts are measured? There has been…more

CEQA, Environmental Assessments, Environmental Claims, Environmental Policies, High-Speed Rail

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Naomi Newman

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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Elizabeth Osius

Health Update - Feb 20, 2014: Manatt on Medicaid: Medicaid Premium Assistance for Employer-Sponsored Insurance

The Medicaid expansion under the ACA has triggered a renewed interest in the Health Insurance Premium Payment (HIPP) program, a longstanding option for states to use premium assistance to subsidize employer-sponsored insurance…more

Affordable Care Act, Employee Benefits, Employer Mandates, Healthcare, Healthcare Reform

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Bradford Paul

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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Emil Petrossian

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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Helen Pfister

Special New York Edition: Summary of the 2014-2015 Work Plan of the New York State Office of the Medicaid Inspector General

On April 2, 2014, the New York State Office of the Medicaid Inspector General (OMIG or the Agency) released its Medicaid Work Plan (the Work Plan) for federal fiscal year 2014. OMIG’s core function is to prevent, detect, and…more

Healthcare, Medicaid, OMIG

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Barbara Polsky

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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Matthew Portnoff

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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Stephen Raptis

Insurance Recovery Law

Insurer Should Have Considered Extrinsic Facts When Determining Whether A Potential for Coverage Existed, Ninth Circuit Concludes - Why it matters: In a fascinating – albeit unpublished – decision from the Ninth…more

Duty to Defend, Indemnification, Policy Exclusions, Recovery Laws

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Seth Reagan

Jim Brown's Right Of Publicity Claim Revived By Keller Victory On Appeal

A Ninth Circuit panel decision issued on July 31, 2013, has revived NFL legend Jim Brown's state law right of publicity claims against video game maker Electronic Arts, Inc. ("EA"). Back in March 2009, Brown filed an action in…more

Electronic Arts, Entertainment Industry, First Amendment, Football, Lanham Act

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Vivian Redsar

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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Harold P. Reichwald

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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Brandon Reilly

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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Justin Rodriguez

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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Kristi Rogers

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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Jessica Rosen

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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Marc Roth

TCPA Connect

Two Recent Yahoo! Decisions Produce Differing Results for TCPA Liability - ..PA Court: Yahoo!’s System Not an ATDS: Yahoo! won dismissal of a Telephone Consumer Protection Act (TCPA) suit when a federal court judge…more

Robocalling, Spam, TCPA, Texting, Yahoo!

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Andrew Satenberg

Employment Law

PAGA Suit Belongs in State, Not Federal, Court Says Ninth Circuit - Why it matters: A wage and hour suit brought under California’s Private Attorney General Act (PAGA) belongs in state , not federal , court, the Ninth…more

CAFA, Compliance, EEOC, FEHA, PAGA

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Susan M. Schmidt

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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Tanya Schwartz

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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Kinda Serafi

Health Update -- Manatt on Medicaid

Manatt on Medicaid: New Strategy for Financing 12 Months of Continuous Coverage for Newly Eligible Adults - The federal government recently issued sub-regulatory guidance that will allow states to receive 98.7 percent to…more

CMS, FMAP, Healthcare, Medicaid, Medicaid Expansion

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Benjamin G. Shatz

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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Jeremiah P. Sheehan

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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Robert Shulman

Insurance Recovery Law

Insurer Should Have Considered Extrinsic Facts When Determining Whether A Potential for Coverage Existed, Ninth Circuit Concludes - Why it matters: In a fascinating – albeit unpublished – decision from the Ninth…more

Duty to Defend, Indemnification, Policy Exclusions, Recovery Laws

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Jennifer Sincavage

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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Molly Smith

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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Ian Spatz

Health Update

Ten Years In: Charting the Progress of Health Information Exchange in the U.S. - HITECH: Federal Dollars Spur Adoption and Use: The modern era of HIE-related public policy began in May 2004 with the appointment of…more

Affordable Care Act, CMS, EHR, Healthcare, Healthcare Reform

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La Toya Sutton

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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Neil Swartzberg

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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Jason Taketa

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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Justin Thompson

Now in Effect! New Energy Use Disclosures for Nonresidential Buildings (California Public Resources Code Section 25402.10) - UPDATE

UPDATE: Pursuant to a Notice of Postponement of Enforcement issued by the California Energy Commission, which is responsible for enforcement of AB 1103, the initial compliance deadline has been moved from July 1, 2013 to…more

Commercial Property Owners, Deadlines, ENERGY STAR Program, Energy Use Disclosure Requirements

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Martin Thompson

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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Rebecca Torrey

Employment Law

PAGA Suit Belongs in State, Not Federal, Court Says Ninth Circuit - Why it matters: A wage and hour suit brought under California’s Private Attorney General Act (PAGA) belongs in state , not federal , court, the Ninth…more

CAFA, Compliance, EEOC, FEHA, PAGA

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Arielle Traub

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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Cristian Vallejo

DOMINICAN REPUBLIC—Recent Events in the Dominican Power Sector Open the Door for the Development of Power Generation Projects, Particularly in Renewable Energy

Recent announcements of key projects in the Dominican power sector and actions taken by the government signal that this sector is finally taking meaningful steps aimed at resolving the structural problems that affect it,…more

Energy, Power Plants, Renewable Energy, Utilities Sector

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Barrie VanBrackle

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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Becca Wahlquist

TCPA Connect

Two Recent Yahoo! Decisions Produce Differing Results for TCPA Liability - ..PA Court: Yahoo!’s System Not an ATDS: Yahoo! won dismissal of a Telephone Consumer Protection Act (TCPA) suit when a federal court judge…more

Robocalling, Spam, TCPA, Texting, Yahoo!

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James Walsh

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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Charles Washburn, Jr.

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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Ivan Wasserman

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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H. H. Sean Wee

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 experience…more

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Alison White

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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Susan White

Insurance Recovery Law

Insurer Should Have Considered Extrinsic Facts When Determining Whether A Potential for Coverage Existed, Ninth Circuit Concludes - Why it matters: In a fascinating – albeit unpublished – decision from the Ninth…more

Duty to Defend, Indemnification, Policy Exclusions, Recovery Laws

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Donna Wilson

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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Sharon Woda

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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Jacqueline C. Wolff

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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Ted Wolff

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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