Manatt, Phelps & Phillips, LLP

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11355 West Olympic Blvd.
Los Angeles, CA 90064, United States
Phone: 310-312-4000
Fax: 310-312-4224
Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Elections & Politics
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Real Estate
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • New York
Number of Attorneys
100+ Attorneys

California Modifies Commercial Lease Disclosures for Disability Access Laws

Manatt previously published a news alert on July 1, 2013, regarding California's update to Civil Code Section 1938, which required all commercial property leases to disclose whether or not commercial premises have undergone an…more

CASp, Civil Code, Commercial Leases, Commercial Property Owners, Disability Access Claims

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DoD, GSA, NASA: New Contract Proposal Registration Rule

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

Department of Defense (DOD), Federal Acquisition Regulations (FAR), Federal Contractors, FEMA, General Services Administration (GSA)

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

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

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Health Update - July 2016

The Vulnerability of Healthcare Information - According to a report the Brookings Institute issued in May 2016, 23% of all data breaches occur in the healthcare industry. Nearly 90% of healthcare organizations had some sort…more

Abortion, Affordable Care Act, Anti-Steering Rules, Antitrust Violations, Attorney's Fees

See all updates »

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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SEC Hyperlink Rules Are Live

Effective September 1, 2017, the Securities and Exchange Commission’s (SEC) recently adopted rules require most companies that file public reports to include active hyperlinks to each exhibit listed in the exhibit index, as well…more

Electronic Filing, Filing Requirements, Hyperlink, Registration Statement, Regulation S-K

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Health Update - May 2017

Mapping the Healthcare M&A Landscape Under the New Administration - Editor’s Note: The healthcare M&A market continues to be among the most active sectors. In a recent webinar, Manatt examined how the policies and goals of…more

Acquisitions, Affordable Care Act, American Health Care Act (AHCA), Antitrust Provisions, CMS

See all updates »

FTC Maintains Aggressive Stance Against Pay-for-Delay Deals

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

ANDA, Disgorgement, FDA, FTC, Generic Drugs

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Manatt on Health: September 2017

1332 Waivers Under Review at CMS - The Trump administration has approved one 1332 waiver to date, but four more are pending, including a sweeping Iowa waiver. Here is where things stand today..…more

1332 Waiver, Affordable Care Act, Alternative Payment Models (APM), CHIP, CMMI

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Tweaking FAQs on Brokered Deposits, FDIC Seeks Public Input

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

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

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Manatt Digital - July 2016

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

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

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Health Update - September 2017

Using Telehealth as a Tool for Health System Integration - As discussed in our August Health Update article on patient engagement and digital health—the first in our new digital health series—the advent of digital and…more

Boycotts, Health Insurance, Medicare, Per Se Rule, Right of Attribution

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Manatt on Health: July 2017 #2

The Senate is poised to vote today, July 25, 2017, on a motion to proceed (MTP) to debate on repealing and possibly replacing the Affordable Care Act (ACA). The MTP allows the Senate to consider the House repeal and replace…more

Affordable Care Act, American Health Care Act (AHCA), Congressional Budget Office, Health Insurance, Healthcare Reform

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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 - February 2017

Securing the Safety Net for America's Vulnerable Populations - Editor's Note: America's population is aging rapidly. By 2029, 75 million baby boomers will have reached age 65 and older, and older adults will represent more…more

Aetna, Affordable Care Act, Anthem Insurance, Antitrust Provisions, Caregivers

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Employment Law - May 2016 #2

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

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

See all updates »

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

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

Bank Holding Company, Banks, Federal Reserve, Recovery Plans

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Intellectual Property Law - February 2016

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

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

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Health Update - April 2017

CMS Issues Self-Referral Disclosure Protocol for Stark Law Violations - On March 28, 2017, the Centers for Medicare & Medicaid Services (CMS) issued a new voluntary self-referral disclosure protocol (SRDP) for disclosing actual…more

Affordable Care Act, Anti-Steering Rules, Antitrust Provisions, CMS, Deceptive Intent

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Real Estate and Land Use - California Supreme Court Restricts Implied Dedication Rule

Scher v. Burke (June 15, 2017, S230104) - Why It Matters: Many large private landowners record notices under the provisions of the Civil Code in order to ensure that public use of their property does not morph into an implied…more

CA Supreme Court, Civil Code, Private Property, Property Owners, Public Land

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

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

Affordable Care Act, CMS, DSRIP, Medicaid

See all updates »

Health Update - July 2016

The Vulnerability of Healthcare Information - According to a report the Brookings Institute issued in May 2016, 23% of all data breaches occur in the healthcare industry. Nearly 90% of healthcare organizations had some sort…more

Abortion, Affordable Care Act, Anti-Steering Rules, Antitrust Violations, Attorney's Fees

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Congress Takes the FAST Lane to Important Securities Reforms

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

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

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Healthcare Law -- Aug 19, 2013

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

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

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Health Care Update - December 2014 #4

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

Affordable Care Act, Healthcare, OIG, Work Plans

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Shaping the Future: Trends in Digital Media and Frontier Technologies M&A

People consume entertainment on an unprecedented level today. They watch TV shows on their commute, listen to podcasts at the gym and play augmented reality games at cafes. As demand for content and digital recreation continues…more

Acquisitions, Digital Media, Mergers, Technology

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The Elevator Speech Overview

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

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

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CFPB and Stakeholders Weigh In on the Credit Card Market

As required by law, the Consumer Financial Protection Bureau (CFPB) has once again asked for public comment on a variety of topics related to the credit card market. The comment period has ended for the most recent request for…more

CARD Act, CFPB, Credit Cards, Financial Services Industry, Public Comment

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BCRA Medicaid Provisions: Analysis of Impact on New York

In a new analysis prepared for the Coalition of New York State Public Health Plans (PHP Coalition), Manatt Health projects that if the current healthcare bill in the U.S. Senate—the Better Care Reconciliation Act (BCRA)—is…more

Health Insurance, Healthcare Reform, Medicaid, Qualified Health Plans

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Estimated State Budget Impact of an Oklahoma SoonerCare Expansion

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

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

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Health Update - June 2015

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

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

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Manatt Digital - July 2017

Fast Intro to Cryptocurrency - An Overview - What is cryptocurrency? This is an important question to address because it is a digital technology that is quietly transforming our financial landscape in a very big way. Yet…more

Bitcoin, Blockchain, Cryptocurrency, Digital Currency, Financial Institutions

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Insurance Recovery Law - May 2016

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

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

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Influencing the Influencers: FTC Updates Its Endorsement Guide FAQs

On Sept. 7, 2017, the Federal Trade Commission (FTC) updated its answers to a series of frequently asked questions, in its “Endorsement Guides: What People Are Asking” (the “Updated FAQs”), about its “Guides Concerning the Use…more

Advertising, Brand, Disclosure Requirements, Endorsements, FTC

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Manatt Digital Media - August 2015

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

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

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Manatt on Health: August 2017

Next Steps on Healthcare Reform - Though President Trump has continued to call for action on repeal and replace in the wake of the Senate’s failed vote at the end of July, congressional Republicans have been fairly muted…more

Affordable Care Act, CHIP, CMS, Cost-Sharing, DSH

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ADA’s Website Accessibility: Proactive Responses Banks Can Take Now

Plaintiffs’ law firms have recently been sending demand letters to banks of all sizes alleging that their websites violate the Americans with Disabilities Act (ADA), particularly with regard to accessibility of the websites to…more

ADA, Banks, Demand Letter, Reasonable Accommodation, Website Accessibility

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Are Regulatory Delays Exacerbating Drought Conditions?

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

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

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Employment Law - May 2016 #2

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

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

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

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

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

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EIR Need Not Analyze Consistency With GHG Executive Order

Cleveland National Forest Foundation et al. v. San Diego Association of Governments et al. (July 13, 2017, Case No. S223603) - Why it matters: The California Supreme Court upheld the San Diego Association of Governments’…more

CA Supreme Court, Environmental Impact Report (EIR), Executive Orders, Greenhouse Gas Emissions

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Health Update - November 2016

Post-Election Analysis: Healthcare Antitrust in a Trump Administration - In a Republican sweep of all the elected branches of the federal government, Donald Trump won the presidential election and Republicans retained…more

Affordable Care Act, Alternative Payment Models (APM), CMS, Covered Entities, Data Collection

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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 Update - May 2017

Mapping the Healthcare M&A Landscape Under the New Administration - Editor’s Note: The healthcare M&A market continues to be among the most active sectors. In a recent webinar, Manatt examined how the policies and goals of…more

Acquisitions, Affordable Care Act, American Health Care Act (AHCA), Antitrust Provisions, CMS

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

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

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

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Manatt Digital - June 2017

Game Changer - Social media has changed the game. Arguably, nothing has quite disrupted the media landscape to date as profoundly as social media technology has. And there has been no other time in history when that has been…more

Acquisitions, Artificial Intelligence, Facebook, Mergers, Mobile Apps

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Insurance Recovery Law - December 2015

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

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

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

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

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

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

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

Hydrocarbons, Oil & Gas, Refineries

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

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

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

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

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

Final Judgment, Voluntary Dismissals

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Manatt Digital Media - June 2015

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

Startups, Technology, Virtual Reality

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Regulators Caution Banks About CRE Lending

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

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

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Health Update - May 2017

Mapping the Healthcare M&A Landscape Under the New Administration - Editor’s Note: The healthcare M&A market continues to be among the most active sectors. In a recent webinar, Manatt examined how the policies and goals of…more

Acquisitions, Affordable Care Act, American Health Care Act (AHCA), Antitrust Provisions, CMS

See all updates »

Health Update - June 2016

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

ACOs, Affordable Care Act, CMS, DOJ, FTC

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Health Update - December 2016

Balancing Gene Therapy’s Promise and Price - Editor’s Note: Exciting advances in science have led to developing treatment breakthroughs, such as gene scripting therapies, that could represent the first potential cures for…more

Affordable Care Act, Anti-Kickback Statute, Civil Monetary Penalty, Final Rules, Healthcare Reform

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Virtual Currency May Not Be Money but Dismissal Is Real

Is bitcoin money? Not according to a Florida judge who threw out criminal charges against a defendant accused of money laundering and acting as an unlicensed money services business in violation of state law. What happened…more

Bitcoin, Money Laundering, Money Services Business, Task Force, Undercover Police

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Manatt on Medicaid: Massachusetts Waiver Amendment Proposes Transportation Benefit and Eligibility Changes

On May 12, 2017, Massachusetts released for public comment a proposed amendment to its MassHealth Section 1115 demonstration. MassHealth is a comprehensive demonstration that applies to the State’s entire Medicaid population. It…more

1115 Waivers, CMS, Medicaid, Waivers

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Intellectual Property Law - July 2017

SCOTUS: For Patent Venue, Domestic Corporations ‘Reside’ Where Incorporated - Why it matters: On May 22, 2017, the Supreme Court issued its decision in TC Heartland LLC v. Kraft Foods Group Brands LLC—rejecting long-standing…more

Copyright, Disparagement, First Amendment, Free Speech, Genericide

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Health Update - December 2016

Balancing Gene Therapy’s Promise and Price - Editor’s Note: Exciting advances in science have led to developing treatment breakthroughs, such as gene scripting therapies, that could represent the first potential cures for…more

Affordable Care Act, Anti-Kickback Statute, Civil Monetary Penalty, Final Rules, Healthcare Reform

See all updates »

The Many Moving Parts of California’s Climate Program

Some storylines are pretty linear and easy to follow—boy meets girl, they fall in love and live happily ever after. The End. But then there are the others. The ones that really capture the imagination of the world. The ones that…more

Climate Change, Greenhouse Gas Emissions, Jerry Brown

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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 - August 2016 #3

Supreme Court Clarifies Valuation Rules on Potential for Future Exactions - City of Perris v. Stamper S217738 (Cal. Supreme Court, July 21, 2016) - Why it matters: The California Supreme Court reexamined the rules for…more

Bay Area, CA Supreme Court, CEQA, City Planning Departments, Condemnation

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Escobar's Impact: Recent Application of "Materiality" in Ninth Circuit

Last year, a unanimous U.S. Supreme Court decided Universal Health Services, Inc. v. United States ex rel. Escobar (Escobar), 136 S.Ct. 1989 (2016), creating important implications for Federal False Claims Act (FCA) cases and,…more

Conditions of Payment, Failure To Disclose, False Claims Act (FCA), False Implied Certification Theory, Federal Contractors

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Manatt Digital Media - May 2016

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

Acquisition Agreements, China, Comcast, DreamWorks, NFL

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Insurance Recovery Law - May 2016

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

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

See all updates »

Manatt on Medicaid: Leveraging MMC Contracts to Advance Reforms

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

CHIP, CMS, Healthcare, Managed Care Contracts, Medicaid

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Health Update - July 2017

Contracting With Technology Vendors: Obligations and Compliance Strategies - Editor’s Note: In a recent webinar, Manatt Health examined how to protect privacy when communicating in the digital age. The session revealed how to…more

Antitrust Division, Business Associates, CMS, Digital Health, ERISA

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Congress Approves Export of U.S. Crude Oil

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

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

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

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

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

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Proposed 2704 Regulations Attack Valuation Discounts

The IRS has expanded the scope of IRC Section 2704 by issuing proposed regulations that seek to limit the availability of valuation discounts for transfers of interests in family-controlled entities. In general, the purpose of…more

Asset Transfer, Estate Planning, Estate Tax, Family Businesses, Generation-Skipping Transfer

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

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

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

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Retail and Consumer Products Law Roundup - March 2016

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

COLA, Comparative Advertising, DOL, EEOC, False Advertising

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SEC Approves NYSE and NASDAQ Rules on Compensation Committees and Advisers

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

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

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TSCA Reform Will Fundamentally Change U.S. Chemical Regulation

Astonishingly, in an election year and at a time of unprecedented partisanship, this past June, Congress adopted significant reforms to the Toxic Substances Control Act (TSCA) with sweeping support from both sides of the aisle…more

Chemicals, EPA, PCBs, Toxic Chemicals, Toxic Substances Control Act (TSCA)

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Health Update - September 2017

Using Telehealth as a Tool for Health System Integration - As discussed in our August Health Update article on patient engagement and digital health—the first in our new digital health series—the advent of digital and…more

Boycotts, Health Insurance, Medicare, Per Se Rule, Right of Attribution

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Health Update - May 2016

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

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

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Health Update - December 2016

Balancing Gene Therapy’s Promise and Price - Editor’s Note: Exciting advances in science have led to developing treatment breakthroughs, such as gene scripting therapies, that could represent the first potential cures for…more

Affordable Care Act, Anti-Kickback Statute, Civil Monetary Penalty, Final Rules, Healthcare Reform

See all updates »

NARB Finds Something Smelly About Trash Bag Claims

The National Advertising Review Board (NARB) threw out Reynolds Consumer Products’ pricing claims for Hefty Ultra Strong trash bags, finding that the advertiser conveyed an unsupported line claim and lacked substantiation…more

Advertising, NAD, NARB

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Retail and Consumer Products Law Roundup - August 2017

Data Breach Lawsuits Continue to Fill the Courts - Data breach litigation continues to fill the courts in all stages, with a new class action filed against Tempur Sealy International and the dismissal of a suit against Barnes…more

Barnes and Noble, Data Breach, EEOC, Grocery Stores, Jurisdiction

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Intellectual Property Law - April 2016

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

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

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

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

Affordable Care Act, CMS, DSRIP, Medicaid

See all updates »

Health Update - September 2017

Using Telehealth as a Tool for Health System Integration - As discussed in our August Health Update article on patient engagement and digital health—the first in our new digital health series—the advent of digital and…more

Boycotts, Health Insurance, Medicare, Per Se Rule, Right of Attribution

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Manatt Digital - August 2017

Introduction - The Internet of Things is a critical topic of discussion and one of the areas that we expect will significantly contribute to the overall pace of innovation and change within the digital ecosystem in the years…more

Digital Health, Digital Media, Financial Services Industry, Internet of Things

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

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

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

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California Supreme Court: Private Emails Potentially Subject to CPRA

City of San Jose v. Superior Court, 2017 Cal. LEXIS 1607, Docket No. S218066 - Why It Matters: The California Supreme Court unanimously held that government officials may be required to release communications made about…more

CA Supreme Court, CPRA, Email, Personal Data, Private Property

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Health Update - September 2017

Using Telehealth as a Tool for Health System Integration - As discussed in our August Health Update article on patient engagement and digital health—the first in our new digital health series—the advent of digital and…more

Boycotts, Health Insurance, Medicare, Per Se Rule, Right of Attribution

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Manatt on Medicaid: Leveraging MMC Contracts to Advance Reforms

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

CHIP, CMS, Healthcare, Managed Care Contracts, Medicaid

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PATH Act Amends FIRPTA

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

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

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Health Update - October 2016

Defining and Resolving the Provider Data Dilemma - Editor’s Note: Provider data drives the most fundamental processes in the healthcare system. Inaccurate provider data puts patient care and billions of dollars at risk…more

Affordable Care Act, Bipartisan Budget, Consumer Privacy Bill of Rights, Data-Sharing, Dispute Resolution

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Real Estate and Land Use - August 2016 #2

Proactive Predevelopment for Successful P3s - A new report was recently published by the Urban Land Institute (ULI) called Successful Public/Private Partnerships: From Principles to Practice. The report provides valuable…more

Community Development, Eminent Domain, Environmental Assessments, Homeowners, Housing Developers

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Health Update - January 2017

Top Five Healthcare Antitrust Trends to Watch in 2017 - Antitrust enforcement and litigation had a big year in 2016. In this article, we look back at the most significant cases for the healthcare industry over the last year…more

ANDA, Anti-Steering Rules, Antitrust Provisions, Artificial Intelligence, Big Data

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Entertainment and Media Litigation Update - June 2017

Ninth Circuit: Website Moderators May Be Agents of ISPs - Why it matters: On April 7, 2017, the Ninth Circuit revived a copyright infringement case filed by a paparazzi group against social media platform LiveJournal that the…more

Copyright, Copyright Infringement, DMCA, Entertainment Industry, FCC

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OCC Report Highlights Top Risks for Banks

What are the top risk areas for national banks and federal savings associations? According to the Office of the Comptroller of the Currency’s (OCC) Semiannual Risk Perspective for Spring 2017, there are four: strategic, credit,…more

Bank Secrecy Act, Banking Sector, Banks, Financial Institutions, OCC

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Health Update - April 2016 #2

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

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

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

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

CMS, Medicaid, Social Security Act, Waivers

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Health Update - December 2016

Balancing Gene Therapy’s Promise and Price - Editor’s Note: Exciting advances in science have led to developing treatment breakthroughs, such as gene scripting therapies, that could represent the first potential cures for…more

Affordable Care Act, Anti-Kickback Statute, Civil Monetary Penalty, Final Rules, Healthcare Reform

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Health Update - July 2016

The Vulnerability of Healthcare Information - According to a report the Brookings Institute issued in May 2016, 23% of all data breaches occur in the healthcare industry. Nearly 90% of healthcare organizations had some sort…more

Abortion, Affordable Care Act, Anti-Steering Rules, Antitrust Violations, Attorney's Fees

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Advertising Law - May 2016 #3

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

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

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Employment Law - July 2017

California Supreme Court Reverses PAGA Discovery Ruling - Why it matters - On July 13, 2017, the California Supreme Court in Williams v. Superior Court (Marshalls) issued its first opinion addressing the scope of discovery…more

Age Discrimination, CA Supreme Court, Discovery, Dodd-Frank, EEOC

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Incumbency Bodes Well for the Real Estate Market

The presidential election season can be a difficult time for the commercial real estate market. Uncertainty about the future financial and regulatory climate often leaves investors, developers and owners waiting on the sidelines…more

Presidential Elections, Real Estate Market

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Estate Tax Portability: Panacea or Potential Peril?

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

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

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Forecast: Abundance of Potential New Rulemaking From the CFPB

After making headlines with its controversial arbitration rule, the embattled Consumer Financial Protection Bureau (CFPB or Bureau) released its rulemaking agenda for the rest of the year, putting financial services companies on…more

CFPB, Debt Collection, Financial Services Industry, Lending, Loans

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Real Estate and Land Use - March 2016

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

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

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Manatt on Health: August 2017

Next Steps on Healthcare Reform - Though President Trump has continued to call for action on repeal and replace in the wake of the Senate’s failed vote at the end of July, congressional Republicans have been fairly muted…more

Affordable Care Act, CHIP, CMS, Cost-Sharing, DSH

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FinCEN Warns of E-Mail Compromise Schemes

Financial institutions should be aware of a growing number of e-mail compromise schemes, the Financial Crimes Enforcement Network (FinCEN) warned in a new advisory bulletin. What happened - Developed in coordination…more

Business E-Mail Compromise (BEC), Email, Financial Institutions, FinCEN, Misallocation of Funds

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Real Estate and Land Use - March 2016

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

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

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The Rewards of Crafting Explicit Earn-Out Provisions

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

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

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Fraudulent Transfers Get an Update in California

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

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

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Manatt on Health: Medicaid Edition - CMS Approves Florida 1115 Waiver, Increasing Uncompensated Care Funding

Editor’s Note: With efforts to repeal and replace the Affordable Care Act (ACA) flagging, stakeholders are redirecting their attention toward Medicaid Section 1115 demonstrations. The Trump administration has encouraged states…more

1115 Waivers, Affordable Care Act, CMS, Healthcare Reform, Medicaid

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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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TCPA Connect - July 2017

Yet Another Blow to Spokeo Strategy in TCPA Cases - Consistent with the growing trend among lower federal courts, the U.S. Court of Appeals, Third Circuit recently reversed a district court order in Susinno v. Work Out World,…more

Advertising, Campbell Ewald v Gomez, FCC, Mootness, Robocalling

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Partners Are Not Employees, Yet

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

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

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

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

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

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

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

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

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Big Picture—What Could We See in 2016?

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

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

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FTC Settles Social Media Influencer Investigation With CSGO Lotto

On Sept. 7, 2017, the Federal Trade Commission (FTC) made public its settlement with YouTubers Trevor “TmarTn” Martin, Thomas “Syndicate” Cassell and their company CSGOLotto, Inc. (“Respondents”), over allegations of multiple…more

Advertising, Endorsements, FTC, FTC Endorsement Guidelines, Influencers

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Landowner Waives Right to Challenge Permit Conditions

Lynch v. California Coastal Commission (July 6, 2017, Case No. S221980) - Why It Matters: Can a landowner accept the benefits of a permit while simultaneously rejecting the burdens of that very same permit? The California…more

CA Supreme Court, California Coastal Commission, Land Owners, Permits

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Environmental Law - May 2016

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

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

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Employment Law - May 2016 #2

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

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

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Health Update - April 2015

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

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

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Health Update

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

Affordable Care Act, Healthcare, Medicare, Shared Savings Program

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Health Update - May 2015

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

Health Insurance, Healthcare, Healthcare Facilities, HIPAA, Medicaid

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

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

CMS, DSRIP, Healthcare, Healthcare Reform, Medicaid

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Entertainment and Media Litigation Update - June 2017

Ninth Circuit: Website Moderators May Be Agents of ISPs - Why it matters: On April 7, 2017, the Ninth Circuit revived a copyright infringement case filed by a paparazzi group against social media platform LiveJournal that the…more

Copyright, Copyright Infringement, DMCA, Entertainment Industry, FCC

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

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

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

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

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

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

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Health Update - November 2016

Post-Election Analysis: Healthcare Antitrust in a Trump Administration - In a Republican sweep of all the elected branches of the federal government, Donald Trump won the presidential election and Republicans retained…more

Affordable Care Act, Alternative Payment Models (APM), CMS, Covered Entities, Data Collection

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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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Corporate Investigations and White Collar Defense - July 2017

Supreme Court Limits SEC’s Disgorgement Power - Why it matters: On June 5, 2017, the Supreme Court held in Kokesh v. SEC that the five-year statute of limitations found in 28 U. S. C. §2462 with respect to actions for civil…more

Civil Monetary Penalty, Department of Financial Services, Disgorgement, Enforcement Actions, False Claims Act (FCA)

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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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Bank Holding Company Execs Not Entitled to Insurance Coverage

Is a bank holding company that owns and operates banks the same entity both pre- and postbankruptcy filing for the purposes of pursuing directors and officers (D&O) insurance coverage? Yes, the U.S. Court of Appeals, Sixth…more

Bank Holding Company, Banking Sector, Bankruptcy Code, Chapter 11, D&O Insurance

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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 Efficiency, Energy Sector, Energy Use Disclosure Requirements

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Retail and Consumer Products Law Roundup - March 2016

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

COLA, Comparative Advertising, DOL, EEOC, False Advertising

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Repealing the Medicaid Expansion: Implications for Montana

Congress is currently debating whether and how to repeal and replace the Affordable Care Act (ACA). This report provides an analysis of the potential impact to the State of Montana of a possible repeal of one portion of the…more

Affordable Care Act, Health Care Providers, Health Insurance, Healthcare Reform, Medicaid

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

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

College Athletes, NCAA, School Sports

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California Supreme Court: Private Emails Potentially Subject to CPRA

City of San Jose v. Superior Court, 2017 Cal. LEXIS 1607, Docket No. S218066 - Why It Matters: The California Supreme Court unanimously held that government officials may be required to release communications made about…more

CA Supreme Court, CPRA, Email, Personal Data, Private Property

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Retail and Consumer Products Law Roundup - August 2017

Data Breach Lawsuits Continue to Fill the Courts - Data breach litigation continues to fill the courts in all stages, with a new class action filed against Tempur Sealy International and the dismissal of a suit against Barnes…more

Barnes and Noble, Data Breach, EEOC, Grocery Stores, Jurisdiction

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

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

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

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Insurance Recovery Law - January 2016

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

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

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Partners Are Not Employees, Yet

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

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

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SCOTUS Limits Reach of Fair Debt Collection Practices Act

In a unanimous decision, the Supreme Court narrowly interpreted “debt collector” under the Fair Debt Collection Practices Act to exclude debt purchasers engaging in collection efforts for their own accounts…more

Debt Buyers, Debt Collection, Debt Collectors, FDCPA, Financial Services Industry

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Employment Law - November 2016

California Employers Have Special Obligations on Election Day - Next Tuesday our nation goes to the polls in what pundits expect will be record numbers. California employers have special obligations on Election Day to allow…more

Debit Cards, DOJ, DOL, Employee Restrooms, Employee Rights

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Manatt on Medicaid: A Closer Look at Wisconsin’s Premium Proposal

The State of Wisconsin recently proposed a Medicaid waiver that includes a number of precedent-setting features, including a 48-month time limit on enrollm