Manatt, Phelps & Phillips, LLP

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2049 Century Park East
Los Angeles, CA 90067, 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.
  • Illinois
  • New York
Number of Attorneys
400+ 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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Healthcare Providers Use Sale-Leasebacks to Help Fuel Growth

“The best time to buy real estate is now, and the best time to sell it is never.” Real estate moguls have been preaching and practicing this adage for many years. Recently, however, many companies have been bucking that belief…more

Health Care Providers, Leaseback, Real Estate Market

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Mental Health Parity Update: DOL and NY AG Actions Highlight Ongoing Scrutiny of NQTLs

On August 11, 2021, United Healthcare and its affiliates were served with separate enforcement lawsuits by the Department of Labor (DOL) and the New York Attorney General (NY AG) involving mental health parity, among other…more

Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Enforcement Actions, Explanation of Benefits (EOBs)

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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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CMS Approves Montana’s Reentry Services, Contingency Management, and Tenancy Supports 1115 Waiver

On February 26, 2024, Montana received Centers for Medicare and Medicaid Services (CMS) approval to provide contingency management, tenancy supports, and Reentry Initiative services under its Section 1115 Healing and Ending…more

1115 Waivers, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Health Insurance, Healthcare

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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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Section 230 Under Assault: It’s Not Just a Big Tech Problem

Section 230 of the Communications Decency Act (CDA) is once again at the center of a major political debate, with momentum building for an overhaul of the statute that many view as having served a critical role in the rise of…more

Big Tech, Communications Decency Act, Immunity, Section 230, Social Media

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[Webinar] The Changing Landscape of Prior Authorization for Medicare - May 23rd, 1:00 pm - 2:00 pm ET

On December 6, 2022, the Centers for Medicare & Medicaid Services (CMS) proposed a rule—the Interoperability and Patient Access final rule—that introduces new requirements for health care payers aiming to enhance patient data…more

Centers for Medicare & Medicaid Services (CMS), Continuing Legal Education, Data-Sharing, Health Care Providers, Medicare

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Healthcare Providers Use Sale-Leasebacks to Help Fuel Growth

“The best time to buy real estate is now, and the best time to sell it is never.” Real estate moguls have been preaching and practicing this adage for many years. Recently, however, many companies have been bucking that belief…more

Health Care Providers, Leaseback, Real Estate Market

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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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California Supreme Court: Workers Compelled to Arbitration May Still Pursue PAGA Claims in Court

In a highly anticipated ruling, the California Supreme Court has held that employees may still have standing to sue for Labor Code violations in a representative capacity, even when their individual claims have been compelled to…more

Arbitration, Arbitration Agreements, Article III, CA Supreme Court, California

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Kraken Crypto Staking Program for U.S. Investors Shut Down in Aggressive Expansion of the Howey Test

Payward Ventures, Inc., d/b/a Kraken, the cryptocurrency exchange, has entered into a $30 million settlement agreement with the U.S. Securities and Exchange Commission (SEC) over allegations the company failed to register its…more

Blockchain, Cryptocurrency, Digital Assets, Investors, Securities and Exchange Commission (SEC)

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Compliance Oversight and Program Integrity in Medicaid Managed Care

Editor’s Note: In the past four months, the Government Accountability Office (GAO) and Office of the Inspector General (OIG) have issued a barrage of reports scrutinizing Medicaid programs and their oversight of program…more

Centers for Medicare & Medicaid Services (CMS), Compliance, MCOs, Medicaid, PERM

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[Webinar] Strategic Affiliations: Trends, Tools and Tips for Success - October 12th, 1:00 pm - 2:00 pm ET

How Can You Create and Structure Strategic Affiliations That Advance Your Objectives—and Drive Sustainable Success? Find Out at a New Manatt Webinar... One of the most transformative trends in health care is the accelerating…more

Best Practices, Business Strategies, Continuing Legal Education, Health Care Providers, Healthcare Facilities

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[Webinar] Doubling Down: What Hollywood Can Expect From the Dual WGA and SAG Strikes - August 2nd, 12:00 pm - 1:00 pm PT

For the first time in over 60 years, the Screen Actors Guild (SAG) and the Writers Guild of America (WGA) are simultaneously on strike. Most of Hollywood as we know it has effectively come to a halt. This virtual panel will…more

Artists, Continuing Legal Education, Entertainment Industry, Labor Disputes, Motion Picture Industry

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Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19 - August 2022

As the COVID-19 pandemic continues across the United States, states, payers, and providers are looking for ways to expand access to telehealth services. Telehealth is an essential tool in ensuring patients are able to access the…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Department of Health and Human Services (HHS), Health Care Providers, Medicaid

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Coronavirus Crisis: A Compliance Guide For Cause Marketing in an Era of Social Distancing

The offers are popping up everywhere: “Buy a protective face mask on our website and we will donate a mask to a hospital or a community in need” or “Retweet this message and we will donate $1 to a COVID-19 relief fund.”…more

Advertising, Charitable Organizations, Coronavirus/COVID-19, False Advertising, Sales Promotions

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[Webinar] Final Medicaid Rules, Part Three: Home and Community Based Services - June 4th, 10:00 am - 11:00 am PT

This program is part three of Manatt’s New Federal Rules on Medicaid Access and Managed Care webinar series. After releasing sweeping proposed rules on Medicaid access and managed care in spring 2023, the Centers for Medicare…more

Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Final Rules, Health Care Providers, Home and Community Based Services (HCBS)

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Emerging Opportunities for State-Based Marketplaces (SBMs)

The Affordable Care Act (ACA) Marketplaces have nearly tripled their enrollment in their first decade of operation, from eight million people in 2014 to 21.4 million in 2024. At the national level, the ACA has helped cut the …more

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

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Federal Antitrust Enforcement in Health Care: 2023 Year in Review–Part 3

In 2023, the DOJ continued its aggressive criminal antitrust enforcement agenda in health care, with mixed results in labor markets. In speeches, the DOJ asserted that its commitment to labor market cases has not diminished,…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Criminal Prosecution, Department of Justice (DOJ)

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Retail and Consumer Products Law Roundup - August 2019

Retail Spotlight on ADA Compliance: Donald Brown - In the decade since amendments to the landmark Americans with Disabilities Act (ADA) took effect, businesses across all industries have confronted constant legal challenges…more

Americans with Disabilities Act (ADA), Cannabidiol (CBD) oil, Compliance, Department of Justice (DOJ), E-Cigarettes

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Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19

Florida passed S.B. 7016, which: Expands the telehealth minority maternity care program from a pilot to a statewide program…more

Health Care Providers, Health Insurance, Healthcare, Healthcare Reform, Patient Access

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[Ongoing Program] Never ‘Met a Verse’ I Didn’t Like: Prospering and Capturing Opportunities in Web3 - April 7th, 12:00 pm - 12:30 pm PT

Join an interdisciplinary panel of Manatt professionals for the second of a three-part webinar series on the metaverse and the dawn of the Web3 era. This program will provide a closer look at how companies can engage in the…more

Blockchain, Business Opportunities, Continuing Legal Education, Financing, Investment

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U.S. House Proposes ‘No AI FRAUD Act’ to Protect Individuals’ Likenesses and Voices

On Wednesday, January 10, 2024, lawmakers in the House of Representatives announced the introduction of a new discussion draft of a bill called the No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act (No…more

Artificial Intelligence, Innovative Technology, Machine Learning, Proposed Legislation, Regulatory Agenda

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[Webinar] Abortion Access Post-Dobbs: Confusion, Confrontation and the Courts - July 11th, 1:00 pm - 2:00 pm ET

One year ago, the Supreme Court overturned Roe v. Wade and the decades of decisions that had followed it, resting authority to regulate or prohibit abortion with the citizens of each state. But one year after Dobbs, the legal…more

Abortion, Continuing Legal Education, Dobbs v. Jackson Women’s Health Organization, EMTALA, FDA Approval

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CMS Restricts Marketing Companies From Sharing Medicare Beneficiary Data

Half of Medicare beneficiaries are enrolled in Medicare Advantage (MA) plans. This extensive growth, which represents a doubling of MA enrollment since 2010, has been driven in part by an extensive network of insurance agents…more

Centers for Medicare & Medicaid Services (CMS), Data Privacy, Data-Sharing, Health Insurance, Health Insurance Portability and Accountability Act (HIPAA)

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GDPR: EDPB’s New Breach Guidelines Present Additional Challenges for Legal & Security Professionals

To close out 2021, the European Data Protection Board (EDPB) adopted additional General Data Protection Regulation (GDPR) data breach notification guidelines in Guidelines 01/2021 on Examples regarding Personal Data Breach…more

Breach Notification Rule, Cybersecurity, Data Breach, Data Protection, EU

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FTC Warns Companies on CBD-Infused Product Health Claims

The Federal Trade Commission warned three companies on Sept. 10 that they could not legally advertise that their CBD-infused products can “prevent, treat, or cure a human disease without competent and reliable scientific…more

Advertising, Cannabidiol (CBD) oil, Cannabis Products, Federal Trade Commission (FTC), Health Claims

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CMS Releases New State Grants for Medicaid and CHIP School-Based Services

On January 24, CMS released a grants notice outlined in State Grants for the Implementation, Enhancement, and Expansion of Medicaid and CHIP School-Based Services (SBS). These grants were authorized through the 2022 Bipartisan…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Educational Institutions, Health Insurance, Healthcare

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[Webinar] Helping Our Children Reach Their Full Potential - May 26th, 1:00 pm - 2:00 pm ET

Learn How Innovators in Children’s Health View the Effects of COVID-19, the Impact of Equity Issues and the Actions Needed Moving Forward at a New Manatt Webinar—the Fifth in Our Health Care Imperatives Series... Register Free…more

Child Care, Coronavirus/COVID-19, Equity, Health Care Providers, Healthcare Reform

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Cash is King: How A Capital Strategy Can Enable Today’s Start-Ups to Survive

2023 has proved to be challenging for many cash-conscious startups, especially those that anticipated raising venture capital in the first half of the year. As the Federal Reserve continues to increase interest rates in an…more

Capital Raising, Early Stage Companies, Emerging Growth Companies, Investment, Investors

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The Promise of All-Payer Claims Databases

All-Payer Claims Databases (APCDs) are some of our nation’s most powerful healthcare data assets, yet information about what they are, the populations and the types of data they include, and how they can be effectively deployed…more

Databases, Health Care Providers

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Reverse Stock Splits and Increases in Authorized Shares Will Become Easier under Delaware Law

On July 17, 2023, the Governor of the state of Delaware signed Senate Bill 114 amending the General Corporation Law of the State of Delaware (DGCL), which will become effective on August 1, 2023. Among other things, the…more

Capital Markets, Delaware, Delaware General Corporation Law, Nasdaq, NYSE

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Congress Revisits Longstanding Debate Over FDA Regulation of Lab-Developed Tests

On March 21, 2024, the Health Subcommittee of the House Energy & Commerce Committee held a hearing titled “Evaluating Approaches to Diagnostic Test Regulation and the Impact of the FDA’s Proposed Rule.” In the wake of repeated…more

Clinical Laboratories, Diagnostic Tests, Federal Food Drug and Cosmetic Act (FFDCA), Food & Drug Regulations, Food and Drug Administration (FDA)

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It’s Official—Vaccinated California Workers Can Go Mask-Free at the Office

As California announced its official statewide reopening on June 15, 2021, employers remained in the dark awaiting an official announcement from Cal/OSHA on new face-covering guidance. While initially proposing requirements that…more

Coronavirus/COVID-19, Employer Liability Issues, Infectious Diseases, Masks, Personal Protective Equipment

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Level-of-Care Criteria Ruled Inconsistent with Accepted Medical Standards

In perhaps the first decision of its kind, Magistrate Judge Joseph Spero of the Northern District of California issued on February 28, 2019 his 106-page Findings of Fact and Conclusions of Law (Order) in the ERISA class action…more

Class Action, Employee Retirement Income Security Act (ERISA), Mental Health, Substance Abuse

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The Next Regulatory Shoe To Drop: Predictions Following Recent Bank Failures

Recent bank failures followed by stresses on other regional banks have resulted in a variety of theories of causes and predictable finger-pointing among various constituencies, followed by proposals for new legislative and…more

Banking Sector, Banks, FDIC, Federal Reserve, Risk Management

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Leveraging Medicaid to Reduce Youth Homelessness

Youth Receiving Residential and Inpatient Behavioral Health Care Are at Increased Risk of Homelessness - The Issue - Youth with behavioral health needs, particularly those receiving residential and inpatient treatment, are…more

Crisis Management, Foster Children, Health Insurance, Homeless Issues, Juvenile Justice System

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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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California Poised to Mandate Greater Diversity on Boards of Directors

On August 31, 2020, the California Legislature passed Assembly Bill 979 (Holden) (AB 979), which requires all publicly held domestic or foreign corporations whose principal executive offices are located in California to increase…more

Board of Directors, Corporate Governance, Diversity, Equal Protection, New Rules

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[Webinar] Cyber Hygiene: Practical Cybersecurity Considerations During COVID-19 - March 31st, 4:00 pm - 4:45 pm ET

The novel coronavirus has forced large segments of the workforce into remote environments for the foreseeable future, posing an array of risks and considerations for in-house counsel and security professionals. Rapid and…more

Best Practices, Board of Directors, Coronavirus/COVID-19, Corporate Counsel, Cyber Crimes

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[Webinar] Navigating the Rapidly Changing Medicare Advantage Regulatory Landscape - April 11th, 1:00 pm - 2:00 pm ET

Medicare Advantage (MA) plans now cover about half of Medicare beneficiaries, and with that enrollment growth has come increased scrutiny from federal and state regulators. As federal regulators complete a busy season of…more

Audits, Centers for Medicare & Medicaid Services (CMS), Continuing Legal Education, Enforcement, False Claims Act (FCA)

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The Government’s New Strategy To Counter Corruption: What You Need To Know

On June 3, 2021, the White House issued a memorandum formally establishing the fight against corruption as a core national security interest. The memorandum directed the development of a presidential strategy to, among other…more

AML/CFT, Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Biden Administration

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Supreme Court Shortens the Path for Takings Cases

Knick v. Township of Scott, U.S. Supreme Court No. 17-647 (decided 6/21/19) - In a case resolving a complex procedural question about the ability of property owners to have access to federal courts for their disputes with…more

42 U.S.C. §1983, Federal v State Law Application, Fifth Amendment, Inverse Condemnation, Just Compensation

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[Ongoing Program] The World Wide Web of Risk: Protecting Yourself in the Metaverse - May 5th, 12:00 pm - 12:30 pm PT

Join an interdisciplinary panel of Manatt professionals for the third of a three-part webinar series on the metaverse and the dawn of the Web3 era. While Parts One and Two of our series focused on the blockchain basics and…more

Blockchain, Continuing Legal Education, Cybersecurity, Data Privacy, Data Security

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[Webinar] Health Care and Innovation: Why Not Better and Cheaper? Part 2: Getting the Most from Transformative Technologies - August 2nd, 1:00 pm - 2:00 pm ET

New Manatt Webinar Series Explores Innovation in Health Care—and Why It Matters for Patients and Society - The evolution of cellphones demonstrates that quality can increase while prices fall. Why doesn’t health care also…more

Artificial Intelligence, Health Care Providers, Health Technology, Healthcare Costs, Healthcare Reform

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Health Care Providers’ Role in Energy Conservation and Sustainability: A Guide to Driving Change

Editor’s note: Health care leaders are operating in an environment of seismic change. From the climate crisis to the renewed focus on social justice to the drive for health equity, a myriad of forces is converging to pressure…more

Department of Health and Human Services (HHS), Energy Conservation, Energy Efficiency, Environmental Protection Agency (EPA), Health Care Providers

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[Webinar] In the Shadow of Drug Pricing Reform: New Developments for Pharmaceutical Price Reporting - March 23rd, 1:00 pm - 2:00 pm ET

With the enactment of major drug pricing reform—including the Inflation Reduction Act (IRA), which arguably made the most significant changes to U.S. prescription drug pricing regulations in history—the reporting of drug prices…more

Continuing Legal Education, Drug Pricing, Health Care Providers, Healthcare Reform, Inflation Reduction Act (IRA)

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Fresh Off the Grill: No-Poach Agreements May Lead to Per Se Antitrust Liability, Says 7th Circuit

Introduction - No-poach agreements, wherein companies agree not to solicit or hire employees away from a competitor, have been targeted by the White House, the Federal Trade Commission (FTC) and the Antitrust Division. Although…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Corporate Counsel, Department of Justice (DOJ)

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Reverse Stock Splits and Increases in Authorized Shares Will Become Easier under Delaware Law

On July 17, 2023, the Governor of the state of Delaware signed Senate Bill 114 amending the General Corporation Law of the State of Delaware (DGCL), which will become effective on August 1, 2023. Among other things, the…more

Capital Markets, Delaware, Delaware General Corporation Law, Nasdaq, NYSE

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[Webinar] State Abortion Shield Laws: Understanding Today’s Patchwork of Reproductive Health Protections - September 28th, 1:00 pm - 2:00 pm ET

Since the Supreme Court overturned Roe v. Wade and states became responsible for abortion protections, a patchwork of laws has been passed across the United States. Some states have strengthened their protections and promoted…more

Abortion, Continuing Legal Education, Dobbs v. Jackson Women’s Health Organization, Health Care Providers, Patient Privacy Rights

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Massachusetts’ Cutting-Edge Health Equity Initiatives

Editor’s Note: In a recent "State Spotlight" for The Robert Wood Johnson Foundation, reprinted below, Manatt Health discusses the investments and efforts that the Commonwealth of Massachusetts is making to promote health equity…more

Affordable Care Act, Children's Health Insurance Program (CHIP), Essential Health Benefits, Health Care Providers, Health Insurance

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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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Fintech Year in Review—2020

As we prepare to put 2020 in the rearview mirror, many of us will not have fond memories of the year. Quarantines, masks, social distancing, unspeakable tragedy, economic ruin for some industries. But the fintech world proved it…more

Banking Sector, Blockchain, Cryptocurrency, FDIC, Financial Institutions

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Class Action Changes: Understanding the Rule 23 Amendments

Editor’s Note: Healthcare organizations are increasingly prime targets for class actions. Below we briefly summarize the recent changes to Federal Rule of Civil Procedure 23 and their impact on class actions…more

Class Action, Federal Rules of Civil Procedure, FRCP 23, Health Care Providers

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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 Issues RFI on CARD Act Rules

In carrying out its statutory mandate, the CFPB has released a Request for Information (RFI) relating to the CARD Act, seeking information on two fronts. What happened - The Consumer Financial Protection Bureau (the CFPB or…more

CARD Act, Consumer Financial Protection Bureau (CFPB), Regulation Z, Regulatory Flexibility Act, Request For Information

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Advancing Health Equity: State Medicaid Actions to Ensure Access to Gender-Affirming Care

The transgender, or trans, community experiences stark health disparities resulting from discrimination, violence, stigma and a lack of culturally competent providers. Compared with the general U.S. population, trans…more

Disparate Impact, Disparate Treatment, Gender Discrimination, Gender Equity, Gender Expression

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Better Ads Standard for Videos of 8 Minutes or Less

The Coalition for Better Ads, a group of companies and international trade organizations that aims to improve consumers’ experience with online advertising, announced on February 5 that it has developed an international Better…more

Advertising, Business Development, Content Strategy, Marketing, Online Advertisements

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Intellectual Property Law - September 2017

Looking Through an IP Lens at Blockchain and Cryptocurrency - Why it matters: With headline news ranging from J.P. Morgan CEO Jamie Dimon and Russian President Vladimir Putin to the Winklevoss twins and Floyd “Money”…more

Artificial Intelligence, Blockchain, Copyright, Cryptocurrency, Defend Trade Secrets Act (DTSA)

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Increasing Community Health Workers’ Role in Supporting Medicaid Members

Community health workers (CHWs) are frontline public health workers who come from and/or have deep roots in the communities they serve. Many states are leveraging CHWs to build trusting relationships with patients, including…more

Health Care Providers, Health Insurance, Healthcare, Healthcare Reform, Healthcare Workers

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[Webinar] Emerging Fraudulent Schemes in Health Care: A Guide to Protecting Plan and Provider Organizations - October 17th, 10:00 am - 11:00 am PT

Over the past few years, there has been tightening enforcement and numerous lawsuits driven by the increasingly complex web of federal and state anti-kickback and anti-inducement statutes. In a new CLE-eligible webinar, Manatt…more

Anti-Kickback Statute, Continuing Legal Education, Defense Strategies, Enforcement Actions, Fraud Abuse and Waste

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FCC Takes First Step Towards AI-focused Regulations by Issuing Notice of Inquiry

On November 15, 2023, the Federal Communications Commission (FCC) issued a Notice of Inquiry seeking information and input from communications-focused industries on how the FCC should respond to the rapid proliferation of AI…more

Artificial Intelligence, FCC, Innovative Technology, Machine Learning, Notice of Inquiry

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Health Update - March 2018

The Promise of Data-Driven Healthcare: Megatrends for 2018 - Editor’s Note: For state health programs, payers, providers and life sciences companies, data and analytics have become essential to facilitating efficient and…more

Affordable Care Act, Anti-Competitive, Centers for Medicare & Medicaid Services (CMS), Federal Trade Commission (FTC), IPAB

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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, Federal Trade Commission (FTC), Fee-Splitting, Hospital Mergers

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The California Privacy Rights Act, or “CCPA 2.0”: An Explainer

On November 3, 2020, Californians will vote on Proposition 24, a ballot measure that would create the California Privacy Rights Act (CPRA). If passed, the CPRA would expand the recently operative California Consumer Privacy Act…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Protection

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Proposed Nasdaq Rules Aim to Increase Board Diversity

On December 1, 2020, the Nasdaq stock exchange filed with the Securities and Exchange Commission (SEC) a proposal to adopt new listing rules concerning the diversity of Nasdaq-listed companies’ boards of directors. Under the…more

Board of Directors, Diversity, Diversity and Inclusion Standards (D&I), LGBTQ, Listing Rules

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Kraken Crypto Staking Program for U.S. Investors Shut Down in Aggressive Expansion of the Howey Test

Payward Ventures, Inc., d/b/a Kraken, the cryptocurrency exchange, has entered into a $30 million settlement agreement with the U.S. Securities and Exchange Commission (SEC) over allegations the company failed to register its…more

Blockchain, Cryptocurrency, Digital Assets, Investors, Securities and Exchange Commission (SEC)

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Federal Reserve Warns of D&O Policy Exclusion Concerns

In a new letter to all financial institutions supervised by the Board of Governors of the Federal Reserve System, the Federal Reserve cautioned directors and officers about the potential limitations of director and officer (D&O)…more

Board of Governors, D&O Insurance, Federal Reserve, Financial Institutions, Financial Services Industry

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AI Gone Wild: Airline Has to Honor a Refund Policy Its Chatbot Fabricated

In a recent case brought in front of the Civil Resolution Tribunal (“CRT”) of British Columbia, Moffatt v. Air Canada, 2024 BCCRT 149, the CRT found in favor of an airline customer who relied on information about an airline’s…more

Airline Passengers, Airlines, Artificial Intelligence, Automation Systems, Bots

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[Webinar] Keeping it Real: Fake Drake and the Legal Implications of AI-Created Music - May 9th, 11:00 am - 12:00 pm PT

With the recent viral AI-created song that replicated Drake and The Weeknd’s vocals, questions continue to mount around the use of generative AI in the production of copyrighted works like music. The latest generative AI can now…more

Artificial Intelligence, Artists, Automated Systems, Consumer Financial Protection Bureau (CFPB), Continuing Legal Education

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Oregon Public Option Report: An Evaluation and Comparison of Proposed Delivery Models

Section 9 of Senate Bill 770 (SB 770), signed into law in 2019, directed the state of Oregon to engage in an analysis to help policymakers develop policy around a public option or Medicaid buy-in model for Oregon. The goal of…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Cost-Sharing, Health Care Providers, Health Insurance

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Estimating the ROI of Telehealth Programs

Editor’s Note: Healthcare providers are increasingly deploying telehealth capabilities that will extend services to patients in rural areas, provide high-quality care to individuals with complex conditions and reduce costs…more

Health Care Providers, ROI, Telehealth, Telemedicine

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DOJ Finalizes Regulations for Accessibility of State and Local Government Websites

Could Similar Regs for Commercial Websites Be Next? The Attorney General has signed off on regulations for the accessibility of state and local government websites and apps to people with disabilities, which will take effect…more

Americans with Disabilities Act (ADA), Department of Justice (DOJ), Disability Discrimination, Final Rules, Healthcare

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[Webinar] Talking Politics: Climate Change and the Greening of DC and CA (and What It Means to You) - April 27th, 11:00 am - 12:00 pm PT

With climate change policy at the center of the Biden-Harris agenda, what impacts and opportunities will we see during the next four years, nationally and in California? Join us for a one-hour nonpartisan panel discussion…more

Biden Administration, Climate Change, Enforcement Actions, Environmental Policies, Legislative Agendas

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[Webinar] New Class of Talent: NCAA NIL Changes and Implications for Brand, College and Athlete Stakeholders - September 21st, 10:00 am - 11:00 am PT

The NCAA’s new name, image and likeness (NIL) rules and state laws allow college athletes to profit from legitimate brand partnerships, opening opportunities for brands to engage fresh influencer talent and for college athletes…more

Advertising, Brand, Business Formation, College Athletes, Colleges

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Colorado’s Consumer Data Protection Act Has Passed: What’s in It? (UPDATED)

On June 8, 2021, the Colorado Senate passed SB21-190, the Colorado Privacy Act (CPA), as amended by the Colorado House of Representatives. Governor Jared Polis signed the bill into law on July 8. Passage of the CPA makes…more

Cybersecurity, Data Collection, Data Privacy, Data Protection, Data Sellers

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Further Guidance from FTC and DOJ “Reinforces” Parties’ Obligations to Preserve Ephemeral Messages

On January 26, 2024, the United States Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) jointly issued new guidance making clear that common collaboration tools and ephemeral messaging…more

Antitrust Division, Compliance Management Systems, Data Preservation, Department of Justice (DOJ), Electronic Communications

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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

Administrative Law Judge (ALJ), Defend Trade Secrets Act (DTSA), Department of Labor (DOL), Employee Handbooks, Employee Restrooms

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New York State SFY23 Executive Budget Health Focus Highlights

On January 18, 2022, Governor Kathy Hochul released her budget proposal for State Fiscal Year 2023. While record-breaking in its size—totaling $216.3 billion—and inclusive of many investments in Medicaid and health care more…more

Children's Health Insurance Program (CHIP), Health Insurance, Healthcare, Healthcare Reform, Healthcare Workers

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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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IRS Extends Low-Income Housing Deadlines

The IRS released Notice 2022-52 on October 7 in response to ongoing supply chain and labor disruptions, modifying Notice 2022-05 to provide additional temporary relief for qualified low-income housing projects under Section 42…more

Internal Revenue Code (IRC), IRS, Low Income Housing, U.S. Treasury

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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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SBA Issues New Guidance on Loan Forgiveness

About the Interim Final Rule - On January 19, 2021, the Small Business Administration (SBA) published new Loan Forgiveness Requirements and Loan Review Procedures pursuant to an Interim Final Rule, or IFR (the PPP…more

Borrowers, CARES Act, Coronavirus/COVID-19, Interim Final Rules (IFR), Loan Forgiveness

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FTC Proposes Major Updates to Children’s Online Privacy Protection Act

On December 20, the Federal Trade Commission (FTC) proposed its first significant updates to the Children’s Online Privacy Protection Act (COPPA) in a decade. If adopted, the FTC’s Notice of Proposed Rulemaking (the Proposed…more

COPPA, Data Collection, Data Protection, Federal Trade Commission (FTC), Online Safety for Children

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Designing and Launching Hospital-at-Home Models: Strategic Imperatives for Health System Leaders

Introduction - Hospital-at-home programs enable patients to receive acute care in their home environment. These programs have proliferated due to the COVID-19 pandemic and subsequent surge in hospitalizations, which has…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Hospitals, Medicaid, Medicare

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New York City Resource Center: Federal Updates for Health and Human Service Providers - NY State COVID-19 Guidance: Week in Review

With the support of Manatt, New York City has launched a webpage with federal updates for health and human service providers. The online resource center supports hospitals, long-term care providers, behavioral health providers,…more

Coronavirus/COVID-19, Health Care Providers, Telehealth, Telemedicine

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Using Presidential Power to Address the Opioid Epidemic

Increased prescribing of opioid medications over the course of nearly two decades has led to widespread misuse of both prescription and nonprescription opioids. In 2018 alone, 10.3 million people misused prescription opioids,…more

Department of Health and Human Services (HHS), Drug & Alcohol Abuse, Health Care Providers, Opioid, Pain Management

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Manatt Ventures VC Market Update – August 2023

In this edition, we are looking at the lack of funding for emerging managers and potentially related knock-on effects in the market for early-stage companies…more

Early Stage Companies, Entrepreneurs, Initial Public Offering (IPO), Investors, Startups

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Governor Newsom Proposes California FY 2024–25 Budget

Governor Gavin Newsom has unveiled his January budget proposal, which authorizes $291.5 billion in spending, significantly less than the $310.9 billion budget plan enacted just six months ago.  To balance the proposed budget,…more

Budget Cuts, California, Infrastructure, State and Local Government, State Budgets

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[Webinar] Creating Provider-Sponsored Medicare Advantage Plans: Opportunities, Risks and Keys to Success - July 20th, 1:00 pm - 2:00 pm ET

Provider-sponsored plans are increasingly popular with hospitals, health systems and medical groups/independent physician associations (IPAs). Offering a plan can deliver many significant advantages to providers, enabling them…more

Centers for Medicare & Medicaid Services (CMS), Continuing Legal Education, Health Care Providers, Medicare Advantage, Physicians

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North Carolina Expands Medicaid

On December 1, 2023, North Carolina will become the 40th state to implement Medicaid expansion under the Affordable Care Act (ACA), extending Medicaid eligibility to more than 600,000 adults with incomes up to 138% of the…more

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

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Massachusetts’ Cutting-Edge Health Equity Initiatives

Editor’s Note: In a recent "State Spotlight" for The Robert Wood Johnson Foundation, reprinted below, Manatt Health discusses the investments and efforts that the Commonwealth of Massachusetts is making to promote health equity…more

Affordable Care Act, Children's Health Insurance Program (CHIP), Essential Health Benefits, Health Care Providers, Health Insurance

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Strategies to Support Children and Youth Mental Health Needs in New York State

This Report was informed by the expertise of the NYU McSilver Institute staff and the participants of their mental health panel to develop policy strategies to support children and youth across the state. NYU was a key partner…more

Healthcare, Healthcare Reform, Mental Health, Minor Children, New York

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Further Guidance from FTC and DOJ “Reinforces” Parties’ Obligations to Preserve Ephemeral Messages

On January 26, 2024, the United States Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) jointly issued new guidance making clear that common collaboration tools and ephemeral messaging…more

Antitrust Division, Compliance Management Systems, Data Preservation, Department of Justice (DOJ), Electronic Communications

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Can a Novel Legal Theory Combat the Opioid Crisis?

On August 26, 2019, Cleveland County, Oklahoma, District Court Judge Thad Balkman issued a 42-page decision ordering Johnson & Johnson to pay more than $570 million for harm it allegedly caused the state of Oklahoma by marketing…more

Johnson & Johnson, Multidistrict Litigation, Opioid, Summary Judgment

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California Supreme Court Provides Seven-Factor Test for Motions to Quash Criminal Subpoenas

On August 13, 2020, the Supreme Court of California issued its decision in Facebook, Inc. v. Superior Court (Lance Touchstone), S245203, which examines the enforceability of third-party subpoenas issued by criminal defendants in…more

CA Supreme Court, Criminal Defense, Document Requests, Facebook, Motions to Quash

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U.S. Supreme Court to Review California’s Ban on PAGA Waivers

In a major turn of events for California employers, on December 15, 2021, the U.S. Supreme Court granted certiorari in a case that challenges California’s ban on arbitration agreements that limit employees’ right to sue their…more

Arbitration, Arbitration Agreements, Class Action Arbitration Waivers, Employer Liability Issues, Employment Contract

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Proposed Tax Legislation Could Significantly Impact Your Estate Plan

Recent news stories have been published about two bills introduced in the Senate that, if enacted, could have a significant impact on many estate plans. These bills include proposed changes that many estate planning…more

Beneficiary Designations, Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer

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State-Directed Payments: Overview, Trends and Proposed Changes

In 2020, Medicaid spent $220.8 billion on hospital care. Hospital care accounted for 33% of Medicaid spending. Supplemental payments are critical for closing the gap between hospital costs and Medicaid reimbursement,…more

Health Care Providers, Health Insurance, Healthcare, Healthcare Reform, Managed Care Contracts

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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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Entertainment Industry Predictions: Streamers, Litigation, Emerging Tech in 2023

The entertainment industry has transformed itself in recent years through the adoption of new technologies and is pioneering a variety of exciting new creative avenues. Below we predict what 2023 will bring, ranging from the…more

Artificial Intelligence, Copyright, Metaverse, Non-Fungible Tokens (NFTs), Popular

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The NLRB Recently Takes Bold Action

On May 30, 2023, NLRB General Counsel Jennifer Abruzzo released a memorandum taking a strong position against the use of noncompete provisions in employment contracts, stating that such provisions generally violate the National…more

Employee Rights, Employees, Federal Labor Laws, Independent Contractors, NLRA

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What Health Plans Should Know About Federal Changes for Dual Eligibles (UPDATED)

Editor’s Note: Approximately 12 million people in the United States are dually eligible for both Medicare and Medicaid. Most dual-eligible individuals live below the poverty line and have complex health needs. Because…more

Centers for Medicare & Medicaid Services (CMS), Medicaid, Medicare, Medicare Advantage

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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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[Webinar] No Surprises Act Update: The Latest Litigation, Enforcement, IDR and Implementation Challenges - March 7th, 1:00 pm - 2:00 pm ET

Three years after the No Surprises Act (NSA) was enacted, industry stakeholders and government regulators alike are still navigating the intricate twists and turns of the wide-ranging legislation’s key provisions. In a new…more

Continuing Legal Education, Dispute Resolution, Enforcement Actions, Good Faith, Health Care Providers

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Preparing a Community Health and Health Equity Strategic Plan

Academic health systems serve a vital role in the health and well-being of the communities they serve. They employ thousands of people and are an economic engine delivering clinical care, the training of health care…more

Community Health Systems, Health Care Providers, Healthcare, Investment Portfolios, Social Equity Programs

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Clean Energy Incentives: IRS Guidance on Direct Payments and Credit Transfers under the IRA

The Inflation Reduction Act of 2022 (IRA) established an array of tax incentives for investments in clean energy projects. It also created two new methods for monetizing some of these incentives. The IRA’s elective payment…more

Clean Energy, Energy Projects, Energy Tax Incentives, Inflation Reduction Act (IRA), Investment Tax Credits

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Evolving Physician-Practice Ownership Models - Prepared in collaboration with the American Hospital Association Center for Health Innovation

Physician practice acquisitions and/or equity investment by nontraditional players, such as health plans, private equity investors, venture capitalists and large employers, is a growing trend. These new entrants give physicians…more

American Hospital Association, Health Care Providers, Hospitals, Investors, Physician-Owned Hospitals

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[Webinar] Talking Politics: California Goes to Washington - January 12th, 12:00 pm - 1:00 pm PT

The ballots have been counted and are now final. In just a matter of weeks, on January 20, 2021, the new Biden-Harris administration will take office. As the administration’s priorities and appointments are announced, many have…more

Biden Administration, California, Environmental Policies, Governor Newsom, Immigration Procedures

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CMS Issues Guidance on Medicaid and CHIP Services in School-Based Settings

On May 18, 2023, the CMS, in consultation with the DOE, released new guidance to support state Medicaid and Children’s Health Insurance Program (CHIP) agencies (SMAs), state education agencies (SEAs), and local education…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Department of Education, Educational Institutions, Health Insurance

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[Webinar] Mental Health Parity Update 2024: The Latest Regulatory and Litigation Trends - March 26th, 1:00 pm - 2:00 pm ET

The Mental Health Parity and Addiction Equity Act (MHPAEA) requires health plans and insurers to offer mental health coverage in “parity” with a plan’s medical or surgical coverage. In 2024, as the post-COVID era brings a…more

Class Action, Continuing Legal Education, Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Retirement Income Security Act (ERISA)

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[Ongoing Program] The World Wide Web of Risk: Protecting Yourself in the Metaverse - May 5th, 12:00 pm - 12:30 pm PT

Join an interdisciplinary panel of Manatt professionals for the third of a three-part webinar series on the metaverse and the dawn of the Web3 era. While Parts One and Two of our series focused on the blockchain basics and…more

Blockchain, Continuing Legal Education, Cybersecurity, Data Privacy, Data Security

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Governor Newsom Proposes California FY 2024–25 Budget

Governor Gavin Newsom has unveiled his January budget proposal, which authorizes $291.5 billion in spending, significantly less than the $310.9 billion budget plan enacted just six months ago.  To balance the proposed budget,…more

Budget Cuts, California, Infrastructure, State and Local Government, State Budgets

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Executive Order May Pump the Brakes on Bank M&A

On July 9, 2021, President Biden signed an “Executive Order on Promoting Competition in the American Economy.” Included within the order is a sweeping recommendation that the Attorney General, in consultation with the heads of…more

Acquisition Agreements, Antitrust Provisions, Banks, Biden Administration, Competition

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California's 2022 Primary Results and Takeaways

Historically Low Turnout Results in Status Quo Outcome - California’s June top-two primary is when California voters choose their two favorites for state offices. Unlike in many other states, voters can pick any candidate…more

California, Governor Newsom, Insurance Commissioners, Primary Elections, Secretary of State

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COVID-19 Resource Guide: Leveraging Federal and State Authorities to Ensure LTSS Access

Editor’s Note: In an updated and expanded resource guide, supported by a grant from The SCAN Foundation, Manatt Health provides a tool to help state officials and other stakeholders understand how temporary federal and state…more

CARES Act, Coronavirus/COVID-19, Federal Funding, Health Care Providers, Public Health Emergency

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Health Update - February 2018

Hospitals and Health Systems Prepare for a Value-Based Future - Editor’s Note: Hospitals and health systems are actively working to service their communities in numerous ways, including through the adoption of initiatives…more

Antitrust Division, Cost-Sharing, False Claims Act (FCA), Hospitals, Information Sharing

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Leveraging Medicaid Rate-Setting Strategies to Promote Financial Integration in D-SNPs

In the United States, individuals are eligible for Medicare because they are aged 65 or older or because of their long-term disability status, and they are typically eligible for Medicaid because they have low income and few…more

Centers for Medicare & Medicaid Services (CMS), Health Insurance, Healthcare, Medicaid, Medicare Advantage

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Clean Energy Incentives: IRS Guidance on Direct Payments and Credit Transfers under the IRA

The Inflation Reduction Act of 2022 (IRA) established an array of tax incentives for investments in clean energy projects. It also created two new methods for monetizing some of these incentives. The IRA’s elective payment…more

Clean Energy, Energy Projects, Energy Tax Incentives, Inflation Reduction Act (IRA), Investment Tax Credits

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Advancing Health Equity: State Medicaid Actions to Ensure Access to Gender-Affirming Care

The transgender, or trans, community experiences stark health disparities resulting from discrimination, violence, stigma and a lack of culturally competent providers. Compared with the general U.S. population, trans…more

Disparate Impact, Disparate Treatment, Gender Discrimination, Gender Equity, Gender Expression

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Year-End Appropriations Bill Includes Myriad Medicare Policy Changes

The Big Picture - Until late December, few if any Medicare policy changes were anticipated as part of a year-end healthcare package, barring extensions of funding for programs that otherwise would have expired. But after…more

Centers for Medicare & Medicaid Services (CMS), Consolidated Appropriations Act (CAA), Cost-Sharing, Department of Health and Human Services (HHS), Drug Pricing

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Continuous Medicaid/CHIP Eligibility for Children and Youth: 2024 Considerations for States

In December 2022, the U.S. Congress took a step to address churn—where enrollees lose Medicaid coverage, often for procedural reasons, and later reenroll after a gap in coverage—in the Consolidated Appropriations Act, 2023…more

Children's Health Insurance Program (CHIP), Consolidated Appropriations Act (CAA), Eligibility Determination, Health Insurance, Healthcare

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EPA Dips Toes Into PFAS Drinking Water

On April 25, 2019, the U.S. Environmental Protection Agency (EPA) released its Draft Interim Recommendations to Address Groundwater Contaminated with Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonate (PFOS) for public…more

Drinking Water, Environmental Protection Agency (EPA), PFAS, Public Comment

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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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What Health Plans Should Know About Federal Changes for Dual Eligibles (UPDATED)

Editor’s Note: Approximately 12 million people in the United States are dually eligible for both Medicare and Medicaid. Most dual-eligible individuals live below the poverty line and have complex health needs. Because…more

Centers for Medicare & Medicaid Services (CMS), Medicaid, Medicare, Medicare Advantage

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[Webinar] Back-to-Work Part Two, Mitigating Risk as Your Employees Return to Work - May 20th, 12:30 pm - 1:10 pm ET

Manatt’s Employment and Labor team has created a two-part webinar series to guide employers through some of the key considerations for preparing to return their employees to work and recommendations on how companies can mitigate…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Employment Litigation

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Startup Financing: When Is a SAFE Not So Safe?

Startups have been raising money using the Simple Agreement for Future Equity (SAFE) since it was first introduced by Y Combinator in 2013. The advent of the SAFE has fundamentally changed the speed and simplicity of early-stage…more

Capital Raising, Early Stage Companies, Investors, SAFE, Startups

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Post-Facebook v. Duguid Litigation Roundup December 2023

As part of Manatt’s continuing monthly coverage of the aftermath of  Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an…more

ATDS, Auto-Dialed Calls, Facebook Inc v Duguid, Popular, Robocalling

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[Webinar] Talking Politics: Climate Change and the Greening of DC and CA (and What It Means to You) - April 27th, 11:00 am - 12:00 pm PT

With climate change policy at the center of the Biden-Harris agenda, what impacts and opportunities will we see during the next four years, nationally and in California? Join us for a one-hour nonpartisan panel discussion…more

Biden Administration, Climate Change, Enforcement Actions, Environmental Policies, Legislative Agendas

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Strategies for Supporting and Strengthening Medicaid IT During the COVID-19 Crisis

Editor’s Note: As states face the challenges of the COVID-19 crisis, information technology (IT) is an essential tool to support access to health coverage and the safe and effective evaluation, testing and treatment of patients…more

American Recovery and Reinvestment Act, Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Coronavirus/COVID-19, Electronic Health Record Incentives

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What Health Plans Should Know About Federal Changes for Dual Eligibles (UPDATED)

Editor’s Note: Approximately 12 million people in the United States are dually eligible for both Medicare and Medicaid. Most dual-eligible individuals live below the poverty line and have complex health needs. Because…more

Centers for Medicare & Medicaid Services (CMS), Medicaid, Medicare, Medicare Advantage

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[Webinar] Understanding the State Prescription Drug Affordability Board Landscape in 2024 - February 27th, 10:00 am - 11:00 am PT

Several states are considering or have enacted legislation to create prescription drug affordability boards (PDABs). Although their powers vary by state, PDABs are generally charged with assessing the affordability of…more

Drug Pricing, Health Care Providers, Pharmaceutical Industry, Pharmacies, Prescription Drugs

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Proposed Tax Legislation Could Significantly Impact Your Estate Plan

Recent news stories have been published about two bills introduced in the Senate that, if enacted, could have a significant impact on many estate plans. These bills include proposed changes that many estate planning…more

Beneficiary Designations, Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer

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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, Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC), False Advertising

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New York State Fiscal Situation Stable, Clouds on the Horizon

On November 4, the New York State Division of the Budget (DOB) issued their mid-year update to the State Fiscal Year (SFY) 2023 enacted budget and financial plan. The mid-year report covers the first half of SFY 2023, from April…more

Income Taxes, State and Local Government, State Budgets, State Taxes

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No Joint Inventorship When Contribution Is Insignificant in Quality Compared to Main Invention

In Hip, Inc. v. Hormel Foods Corp., the U.S. Court of Appeals, Federal Circuit, held that there was no joint inventorship when the contribution of preheating meat pieces using an infrared oven was insignificant in quality…more

Hormel, Intellectual Property Protection, Inventions, Inventors, Joint Inventors

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The Fourth Circuit Raises the Bar for Proving Scienter Under the False Claims Act

On January 25, 2022, the U.S. Court of Appeals for the Fourth Circuit issued an important opinion for companies trying to navigate the complex statutory scheme in heavily regulated areas like Medicare and Medicaid…more

False Claims Act (FCA), Federal Contractors, Health Care Providers, Medicaid, Medicaid Drug Rebate Program

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Justices Limit EPA Greenhouse Gas Emissions Regulation, Stop Short of What Observers Hoped/Feared

The Supreme Court severely limited the U.S. Environmental Protection Agency's (EPA) asserted authority to regulate greenhouse gases from existing emission sources such as coal-fired power plants. While devastating to EPA's…more

Air Pollution, Clean Air Act, Clean Power Plan, Climate Change, Corporate Counsel

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OIG Advisory Opinion Offers a Cautionary Tale on Utilization of Hospital-Employed NPs

On December 19, 2022, the Office of Inspector General of the U.S. Department of Health & Human Services (OIG) issued an advisory opinion blessing the use of hospital-employed nurse practitioners (NPs) to perform certain…more

Anti-Kickback Statute, Health Care Providers, Hospitals, Nurse Practitioners, OIG

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Guidance on Payroll Tax Deferral

On August 8, 2020, President Trump issued an executive order directing the Secretary of the Treasury to permit employers to defer the withholding and deposit of certain payroll tax obligations. In response, the Treasury…more

Executive Orders, Payroll Taxes, Social Security Taxes, Tax Deferral, Trump Administration

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New Federal Guidance on Services Addressing ‘Health-Related Social Needs’ Under Medicaid

The Big Picture - In recognition of the impact of health-related social needs (HRSNs), the Centers for Medicare & Medicaid Services (CMS) issued a new Informational Bulletin and accompanying framework on November 16, which…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Healthcare, Medicaid, Social Equity Programs

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Changes to the Substance Use Disorder Confidentiality Regulation: Implications for Stakeholders

Last week, the Department of Health and Human Services (HHS) released a final rule intended to implement a 2020 modification to the federal substance use disorder (SUD) privacy statute. The final rule more closely aligns the…more

Controlled Substances, Department of Health and Human Services (HHS), Drug & Alcohol Abuse, Electronic Health Record Incentives, Final Rules

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The FTC’s Proposed Rule Banning Fake Consumer Reviews and Testimonials: An Update

The Federal Trade Commission (FTC or Commission) held an informal hearing on its proposed trade regulation rule prohibiting marketers from using fake consumer reviews and testimonials on February 13, 2024. Three parties who had…more

Advertising, Antitrust Provisions, Fake Reviews, Federal Trade Commission (FTC), FTC Act

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U.S. House Proposes ‘No AI FRAUD Act’ to Protect Individuals’ Likenesses and Voices

On Wednesday, January 10, 2024, lawmakers in the House of Representatives announced the introduction of a new discussion draft of a bill called the No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act (No…more

Artificial Intelligence, Innovative Technology, Machine Learning, Proposed Legislation, Regulatory Agenda

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California’s Strategy to Promote and Improve Understanding of Medi-Cal for Kids & Teens

In February 2023, the California Department of Health Care Services (DHCS) published the Medi-Cal for Kids & Teens Outreach and Education Toolkit. The Toolkit was developed to promote and improve understanding among families,…more

Health Care Providers, Health Insurance, Medi-Cal, Medicaid

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[Webinar] Unmasking Best Practices for CRE Lenders During the COVID-19 Downturn - May 21st, 1:00 pm - 1:30 pm PT

With the impact of COVID-19 causing an economic downturn and, consequently, a potential recession for commercial real estate, lenders are now being faced with obstacles to limit damage to their portfolios. Join us for a…more

Best Practices, Borrowers, Commercial Real Estate Market, Continuing Legal Education, Coronavirus/COVID-19

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New CMMI Innovation Models Support Digitally Enabled Care

With the recent announcements of two new innovation models, the Centers for Medicare & Medicaid Services (CMS) is recognizing the role of digitally enabled care in improving access and outcomes. …more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), CMMI, Electronic Protected Health Information (ePHI), Funding Opportunities

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FCC’s Record $120M Spoofing Forfeiture Final

The Federal Communications Commission (FCC or Commission) finalized its proposed $120 million fine against a “neighborhood spoofer” the agency said made more than 96 million calls to sell timeshares and other vacation packages…more

FCC, Spoofing, TCPA, Truth in Caller ID Act of 2009 (TICIDA)

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Intellectual Property Law - September 2017

Looking Through an IP Lens at Blockchain and Cryptocurrency - Why it matters: With headline news ranging from J.P. Morgan CEO Jamie Dimon and Russian President Vladimir Putin to the Winklevoss twins and Floyd “Money”…more

Artificial Intelligence, Blockchain, Copyright, Cryptocurrency, Defend Trade Secrets Act (DTSA)

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CMMI's Transforming Maternal Health Model: Considerations for State Medicaid Agencies

On December 15, 2023, the CMS Innovation Center (CMMI) announced a new voluntary model for state Medicaid agencies called Transforming Maternal Health (TMaH). TMaH was developed in response to the profound maternal morbidity and…more

Centers for Medicare & Medicaid Services (CMS), CMMI, Health Care Providers, Health Insurance, Healthcare

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State Public Options: State of Play and Potential for Future Action

In recent years, state lawmakers have been considering and/or implementing policies to increase affordability for state consumers in the individual market. Since 2017, nearly a dozen states have considered or passed legislation…more

Health Insurance, Legislative Agendas, Medicare, Medicare Advantage, Premium Subsidies

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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, Centers for Medicare & Medicaid Services (CMS), DSRIP, Medicaid

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Preparing a Community Health and Health Equity Strategic Plan

Academic health systems serve a vital role in the health and well-being of the communities they serve. They employ thousands of people and are an economic engine delivering clinical care, the training of health care…more

Community Health Systems, Health Care Providers, Healthcare, Investment Portfolios, Social Equity Programs

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Breaking Down the Opportunities and Risks of Virtual Storefronts

The COVID-19 global pandemic has accelerated the digital transformation of the retail industry as shoppers shift more of their spending online. Global online purchase volume increased 31% from June 2019 to June 2020, with retail…more

Advertising, E-Commerce, Federal Trade Commission (FTC), FTC Act, Internet Retailers

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Strategies to Support Children and Youth Mental Health Needs in New York State

This Report was informed by the expertise of the NYU McSilver Institute staff and the participants of their mental health panel to develop policy strategies to support children and youth across the state. NYU was a key partner…more

Healthcare, Healthcare Reform, Mental Health, Minor Children, New York

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Exemption From California Lender Licensing Law for Single Loan About to Expire

An exemption from the California lender licensing law for a person making a single commercial-purpose loan in a rolling 12-month period is about to “sunset” in California, impacting persons who have relied upon the exemption,…more

California, Consumer Financial Products, Exemptions, Financial Services Industry, Lenders

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[Webinar] Navigating the Mainstreaming of Psychedelic Drugs in the United States - October 3rd, 1:00 pm - 2:00 pm ET

In recent years, an unprecedented level of interest in the promise of psychedelics has taken hold. In the United States, many types of psychedelics are being investigated for use in treating an array of mental health conditions,…more

Continuing Legal Education, Controlled Substances, FDA Approval, Food and Drug Administration (FDA), Health Care Providers

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Missouri Jury Finds Realtors Liable for $1.78 Billion in Commission Fees

On October 31, 2023, a federal jury in the Western District of Missouri found that the National Association of Realtors (NAR) and multiple other real estate brokerages violated antitrust laws by conspiring to inflate the broker…more

Antitrust Provisions, Antitrust Violations, Broker Commissions, Class Action, Damages

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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, Environmental Protection Agency (EPA), Federal Jurisdiction, New Regulations, Permits

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California Insurance Enters Rugged 2021 Legislative and Regulatory Terrain

California lawmakers proposing changes in the state’s insurance laws face their first significant hurdles in the next two weeks. These bills must be set, heard and passed by the Insurance Committee in their house by May 7 (or…more

Auto Insurance, Business Interruption, Coronavirus/COVID-19, Department of Insurance, Insurance Industry

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Los Angeles Adopts Affordable Housing ‘Linkage Fee’

Why it matters: The newly adopted Affordable Housing Linkage Fee will be assessed against all commercial and residential developers in order to help pay for affordable housing in the city…more

Affordable Housing, Real Estate Development

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New Federal Guidance on Services Addressing ‘Health-Related Social Needs’ Under Medicaid

The Big Picture - In recognition of the impact of health-related social needs (HRSNs), the Centers for Medicare & Medicaid Services (CMS) issued a new Informational Bulletin and accompanying framework on November 16, which…more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Healthcare, Medicaid, Social Equity Programs

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HHS Announces Medicaid and Medicare Flexibilities, Investigations post-Change Healthcare Cyberattack

Since becoming aware of the cyberattack on Change Healthcare in late February, the Centers for Medicare & Medicaid Services (CMS) has announced a number of flexibilities to support affected providers that have experienced…more

Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities

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Telehealth Monitoring, Research and Evaluation: Issues for State Medicaid Agencies to Consider

Background - The use of telehealth increased exponentially in 2020 and 2021 as health care providers and patients responded to the COVID-19 pandemic. The Government Accountability Office (GAO) estimated that the use of…more

California, Coronavirus/COVID-19, GAO, Health Insurance, Healthcare

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Leveraging Medicaid Rate-Setting Strategies to Promote Financial Integration in D-SNPs

In the United States, individuals are eligible for Medicare because they are aged 65 or older or because of their long-term disability status, and they are typically eligible for Medicaid because they have low income and few…more

Centers for Medicare & Medicaid Services (CMS), Health Insurance, Healthcare, Medicaid, Medicare Advantage

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CFPB Rulemaking Will Require Reporting On Lending To Women- And Minority-Owned And Small Businesses

The Consumer Financial Protection Bureau is finally moving forward with rulemaking under Section 1071 of the Dodd-Frank Act, which will require “financial institutions” to collect, maintain and report to the CFPB data on credit…more

Consumer Financial Protection Bureau (CFPB), Data Collection, Disparate Impact, Dodd-Frank, ECOA

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California’s Strategy to Promote and Improve Understanding of Medi-Cal for Kids & Teens

In February 2023, the California Department of Health Care Services (DHCS) published the Medi-Cal for Kids & Teens Outreach and Education Toolkit. The Toolkit was developed to promote and improve understanding among families,…more

Health Care Providers, Health Insurance, Medi-Cal, Medicaid

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State Commercial Insurance Market Strategies to Respond to COVID-19

The actions in the attached summary are intended to give a broad representative example of state actions on COVID-19 (COVID) to date. Not all actions of all states are necessarily included…more

Commercial Insurance Policies, Coronavirus/COVID-19, Insurance Industry

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Need-to-Know Developments in Compliance, Investigations and White Collar Defense

We hope this alert finds you, your families and your colleagues healthy and safe in these challenging times. The professionals in Manatt’s investigations, compliance, strategic response and white collar defense practices stand…more

CARES Act, Coronavirus/COVID-19, Defense Strategies, Government Investigations, White Collar Crimes

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Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19 - August 2021

As the COVID-19 pandemic continues across the United States, states, payers, and providers are looking for ways to expand access to telehealth services. Telehealth is an essential tool in ensuring patients are able to access the…more

Broadband, Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Infectious Diseases

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A Federal Right of Publicity for the Age of AI? Unpacking the Proposed NO FAKES Act

Artificial intelligence-generated deepfakes—video, audio, or photographic content that mimics some or all of the characteristics of one’s identity—have captured the wary attention of the public, politicians and the entertainment…more

Artificial Intelligence, Copyright, Deep Fake, First Amendment, Intellectual Property Protection

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AMA Augmented Intelligence Research - Physician sentiments around the use of AI in heath care: motivations, opportunities, risks, and use cases

Background and Objectives • In August 2023, the American Medical Association conducted a comprehensive study of physician’s sentiments towards the use of augmented intelligence (AI) in health care including current use and…more

American Medical Association, Artificial Intelligence, Health Care Providers, Healthcare, Innovative Technology

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CCAs Win Exit Fees Skirmish but Fight Continues

Last Wednesday afternoon, August 1, 2018, one day before the California Public Utilities Commission held a scheduled argument in the matter, Administrative Law Judge Stephen Roscow issued a Proposed Decision Modifying the Power…more

Administrative Law Judge (ALJ), Energy Sector, Utilities Sector

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Specialty Value Based Care: A 2024 Checklist for Survival and Success

2023 was a difficult year for specialty value based care start-ups. Revenue fell below expectations, engagement lagged and many start-ups struggled. Health system work in this arena was modest despite a critical mass of systems…more

CMMI, Critical Infrastructure Sectors, Health Care Providers, Health Insurance, Healthcare

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No More Surprise Medical Bills: California Assembly Bill 72

On September 23, 2016, the California Legislature passed, and Governor Jerry Brown signed, Assembly Bill 72 (AB 72 or the Act), creating a new regime for the regulation of “surprise bills.” (Health…more

Governor Brown, Health Care Providers, Surprise Medical Bills

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Health IT Organizations Soon to Face Enforcement Under Final OIG Information Blocking Rule

After a COVID-19-related delay, on June 27, the Department of Health and Human Services (HHS) Office of Inspector General (OIG) released a long-awaited final rule that establishes monetary penalties for violations of health…more

Civil Monetary Penalty, Coronavirus/COVID-19, Data Protection, Department of Health and Human Services (HHS), Health Care Providers

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[Webinar] Unmasking Best Practices for CRE Lenders During the COVID-19 Downturn - May 21st, 1:00 pm - 1:30 pm PT

With the impact of COVID-19 causing an economic downturn and, consequently, a potential recession for commercial real estate, lenders are now being faced with obstacles to limit damage to their portfolios. Join us for a…more

Best Practices, Borrowers, Commercial Real Estate Market, Continuing Legal Education, Coronavirus/COVID-19

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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

Abbreviated New Drug Application (ANDA), Anti-Steering Rules, Antitrust Provisions, Artificial Intelligence, Big Data

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Need-to-Know Developments in Compliance, Investigations and White Collar Defense

We hope this alert finds you, your families and your colleagues healthy and safe in these challenging times. The professionals in Manatt’s investigations, compliance, strategic response and white collar defense practices stand…more

CARES Act, Coronavirus/COVID-19, Defense Strategies, Government Investigations, White Collar Crimes

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VidCon 10: A Decade of Digital Video

If you were to take a quick snapshot of the digital video world in 2019, you’d see the pros and cons of peak TV, fewer legacy content companies (some with “new looks” as a result of M&A), and more places to consume content than…more

Digital Media, Technology Sector, Video

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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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New Guidance Instructs IDR Entities to Resume All Payment Determinations Under No Surprises Act

As of March 17, certified independent dispute resolution (IDR) entities may resume IDR payment determinations under the No Surprises Act (NSA) that were temporarily halted last month due to a Texas court’s decision vacating…more

Dispute Resolution, Health Care Providers, No Surprises Act (NSA), Out of Network Provider, Surprise Medical Bills

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$310B Added to Paycheck Protection Program as SBA Weighs In on Eligibility

Highlights: - Program reauthorized for $310 billion and intended to be more widely distributed - Bad news for venture capital and private equity - Good news for hospitals and gaming - Renewed focus on the…more

CARES Act, Coronavirus/COVID-19, Financial Stimulus, Paycheck Protection Program (PPP), SBA Lending Programs

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[Webinar] What Do Recent Class Action Changes Mean for Healthcare? - April 9th, 1:00pm ET

Healthcare organizations are prime targets for class action lawsuits. The healthcare industry tops the list for class action data breach lawsuits. Healthcare is among the top-three industries facing class action lawsuits around…more

Amended Rules, Class Action, Continuing Legal Education, Data Breach, Federal Rules of Civil Procedure

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Contract Terms Protect Seller From Marketer’s TCPA Violations

A contract prohibiting Telephone Consumer Protection Act (TCPA) violations protected a seller when its marketer allegedly ran afoul of the statute, according to a decision from a Tennessee federal district court…more

ATDS, Contract Terms, TCPA, Vicarious Liability

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Ninth Circuit Clarifies Implied-Certification Claims Test Under the FCA

Recent Ninth Circuit case law created uncertainty about the requirements for establishing an implied false certification claim following the Supreme Court’s decision in Universal Health Services, Inc. v. United States ex rel…more

False Claims Act (FCA), False Implied Certification Theory, Incentive Compensation, Universal Health Services Inc v United States ex rel Escobar

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Massachusetts Attorney General Issues Advisory on Artificial Intelligence

On April 16, 2024, the Massachusetts Attorney General (AG) published an Attorney General Advisory on the Application of the Commonwealth’s Consumer Protection, Civil Rights, and Data Privacy Laws to Artificial Intelligence. The…more

Algorithms, Artificial Intelligence, Healthcare, Machine Learning, State Attorneys General

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[Webinar] 2019 Employment Law Update: Critical New Laws and Updates for California Employers - December 13th, 12:00pm ET

California employers must immediately update training and other employment law policies in light of new legislation going into effect in January 2019. In a new Manatt webinar, attorneys from our employment and labor practice…more

Best Management Practices, Continuing Legal Education, Employer Mandates, Employment Policies, Governor Brown

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CFPB News: Bureau Opens Inquiry Into Buy Now, Pay Later (BNPL) Credit

On December 16, 2021, the Consumer Financial Protection Bureau (Bureau, or CFPB) announced a “market monitoring” inquiry into “buy now, pay later” (BNPL) credit offered by five companies. In this alert, we explain the CFPB’s…more

Compliance Monitoring, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Deferred Payment Products, Dodd-Frank

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[Webinar] Working Across the Health Care Ecosystem: Successes, Challenges and Best Practices for Delivering Care at Home - June 28th, 3:00 pm - 4:00 pm ET

Join Manatt for Part Two of a New Webinar Series Guiding You Through the Complexities of Care at Home—and Sharing Best Practices for Effective Delivery. Health care is moving home. According to the Centers for Medicare &…more

Best Practices, Financing, Health Care Providers, Healthcare Costs, Home Health Agencies

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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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New Federal Guidance on Monitoring and Evaluation of Work Requirements and Other Coverage Demonstrations: What Does It Mean for States?

Introduction - In March 2019, the Centers for Medicare & Medicaid Services (CMS) issued detailed guidance for states on the monitoring and evaluation of “eligibility and coverage” Section 1115 Medicaid demonstrations. The new…more

1115 Waivers, Centers for Medicare & Medicaid Services (CMS), Medicaid, Medicaid Work Requirements, Medicare

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[Webinar] The Writers’ Strike Is On—Now What? - June 7th, 2:00 pm - 3:00 pm PT

As of May 2, 2023, the Writers Guild of America (WGA) declared a strike against movie and television studios and streamers represented by the Alliance of Motion Picture and Television Producers. Writers and their representatives…more

Continuing Legal Education, Entertainment Industry, Force Majeure Clause, Movies, Popular

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Get in the Zone: New Regulations Incent Opportunity Zone Investment

On April 17, 2019, the Office of Information and Regulatory Affairs proposed a second set of new opportunity zone (OZ) regulations. According to the U.S. Department of the Treasury, if finalized, the rules would make it easier…more

Capital Gains, Investment Funds, Opportunity Zones, Qualified Opportunity Funds

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Further Guidance from FTC and DOJ “Reinforces” Parties’ Obligations to Preserve Ephemeral Messages

On January 26, 2024, the United States Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) jointly issued new guidance making clear that common collaboration tools and ephemeral messaging…more

Antitrust Division, Compliance Management Systems, Data Preservation, Department of Justice (DOJ), Electronic Communications

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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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Cash is King: How A Capital Strategy Can Enable Today’s Start-Ups to Survive

2023 has proved to be challenging for many cash-conscious startups, especially those that anticipated raising venture capital in the first half of the year. As the Federal Reserve continues to increase interest rates in an…more

Capital Raising, Early Stage Companies, Emerging Growth Companies, Investment, Investors

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Maryland Expands Access to Gender-Affirming Care

On January 1, 2024, Maryland’s Trans Health Equity Act (THEA) went into effect, requiring the state’s Medicaid program to cover all medically necessary gender-affirming services, including services that were not previously…more

Disparate Impact, Disparate Treatment, Gender Discrimination, Gender Equity, Gender Expression

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New York Election Preview

Bruce Gyory is a senior advisor in the government and regulatory practice in the firm's Albany office. He is a frequent thought leader and commentator on New York elections. Bruce has served three governors of New York, two as a…more

Political Campaigns, Political Candidates, State and Local Government, State Elections

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CMS Restricts Marketing Companies From Sharing Medicare Beneficiary Data

Half of Medicare beneficiaries are enrolled in Medicare Advantage (MA) plans. This extensive growth, which represents a doubling of MA enrollment since 2010, has been driven in part by an extensive network of insurance agents…more

Centers for Medicare & Medicaid Services (CMS), Data Privacy, Data-Sharing, Health Insurance, Health Insurance Portability and Accountability Act (HIPAA)

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Real Estate Guidance For Construction Loans in FDIC Receivership

Real estate developers may be wondering what to expect for upcoming draws of construction loans or credit lines to fund real estate development if the FDIC places their lender into receivership. In the 2008/2009 financial…more

Banks, Borrowers, Construction Loans, FDIC, Loans

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Designing and Launching Hospital-at-Home Models: Strategic Imperatives for Health System Leaders

Introduction - Hospital-at-home programs enable patients to receive acute care in their home environment. These programs have proliferated due to the COVID-19 pandemic and subsequent surge in hospitalizations, which has…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Hospitals, Medicaid, Medicare

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S.B. 2428 Proposes Amendments to the False Claims Act

On July 22, 2021, a bipartisan group of senators led by Chuck Grassley (R-IA) introduced the False Claims Amendments Act of 2021 (S.B. 2428). As the name suggests, the bill proposes certain amendments to the False Claims Act, 31…more

Burden of Proof, Discovery, False Claims Act (FCA), Healthcare Fraud, Legislative Agendas

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Fourth Circuit: Lower Courts Must Follow FCC’s TCPA Interpretations

In a recent ruling, the Fourth Circuit has followed its sister circuits in holding that district courts must follow the Federal Communications Commission’s (FCC) interpretations of the Telephone Consumer Protection Act (TCPA)…more

Advertising, FCC, TCPA, Unsolicited Faxes

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The Government’s New Strategy To Counter Corruption: What You Need To Know

On June 3, 2021, the White House issued a memorandum formally establishing the fight against corruption as a core national security interest. The memorandum directed the development of a presidential strategy to, among other…more

AML/CFT, Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Biden Administration

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Post-Facebook v. Duguid Litigation Roundup (UPDATED)

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an…more

ATDS, Auto-Dialed Calls, Facebook Inc v Duguid, Judgment on the Pleadings, Motion to Dismiss

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IRS Extends Low-Income Housing Deadlines

The IRS released Notice 2022-52 on October 7 in response to ongoing supply chain and labor disruptions, modifying Notice 2022-05 to provide additional temporary relief for qualified low-income housing projects under Section 42…more

Internal Revenue Code (IRC), IRS, Low Income Housing, U.S. Treasury

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The Employee Retention Credit: Reduce Employer Payroll Taxes and Generate Cash

Added to federal tax law by the 2020 Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and further expanded in 2021, the Employee Retention C redit (ERC) can significantly reduce an employer’s federal employment…more

CARES Act, Coronavirus/COVID-19, Employee Retention, Employees, Financial Stimulus

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Treble Damages Require Willful, Knowing Conduct, Ninth Circuit Says

The Ninth U.S. Circuit Court of Appeals recently weighed in on treble damages in a Telephone Consumer Protection Act (TCPA) dispute involving junk faxes. True Health Chiropractic sued McKesson Corp. for violating the…more

Advertising, Class Action, Class Certification, End-Users, EULA

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Update on Deductibility of Expenses Paid With Forgiven PPP Loans

The IRS released an advance version of Rev. Rul. 2021-2, which is consistent with a legislative change allowing taxpayers to deduct otherwise deductible expenses paid with the proceeds of a Paycheck Protection Program (PPP) loan…more

Business Expenses, Business Taxes, CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19

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[Webinar] Emerging Fraudulent Schemes in Health Care: A Guide to Protecting Plan and Provider Organizations - October 17th, 10:00 am - 11:00 am PT

Over the past few years, there has been tightening enforcement and numerous lawsuits driven by the increasingly complex web of federal and state anti-kickback and anti-inducement statutes. In a new CLE-eligible webinar, Manatt…more

Anti-Kickback Statute, Continuing Legal Education, Defense Strategies, Enforcement Actions, Fraud Abuse and Waste

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[Webinar] Final Medicaid Rules, Part One: Access, Enrollee Engagement and Provider Payment Transparency - May 14th, 12:00 pm - 1:00 pm PT

This program is part one of Manatt’s New Federal Rules on Medicaid Access and Managed Care webinar series. After releasing sweeping proposed rules on Medicaid access and managed care in spring 2023, the Centers for Medicare…more

Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Final Rules, Health Care Providers, Home and Community Based Services (HCBS)

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SAG-AFTRA Membership Extending to Social Media Influencers

On February 6, the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) National Board approved a new “Influencer Agreement” that covers certain “influencer-generated branded content” across all…more

Advertising, AFTRA, Celebrities, Influencers, SAG

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New York City Resource Center: Federal Updates for Health and Human Service Providers - NY State COVID-19 Guidance: Week in Review

With the support of Manatt, New York City has launched a webpage with federal updates for health and human service providers. The online resource center supports hospitals, long-term care providers, behavioral health providers,…more

Coronavirus/COVID-19, Health Care Providers, Telehealth, Telemedicine

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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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Dec. 31 Deadline to Preserve DMCA Service Provider Immunity

By Dec. 31, 2017, eligible service providers must use a new online system at the Copyright Office to designate agents to receive Digital Millennium Copyright Act (DMCA) takedown notices. This is true for all eligible service…more

Copyright, Copyright Infringement, Copyright Office, Digital Media, DMCA

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UPDATE: Local California Elected Officials Prohibited from Voting On Campaign Contributors’ Projects

The Levine Act prohibits “officers” of any state or local government agency who have received a contribution of $250 or more from an applicant or affiliated party from voting on the applicant’s matter—whether it be a contract, a…more

Campaign Contributions, Governor Newsom, Political Contributions, State and Local Government

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[Webinar] New Medicaid Options to Provide Housing Services: Realizing the Potential - March 28th, 1:00 pm - 2:00 pm ET

Medicaid’s role in addressing housing insecurity and homelessness is rapidly evolving, with many states taking advantage of new federal flexibilities to provide housing and housing-related services to enrollees whose health…more

Collaboration, Homeless Issues, Low-Income Issues, Medicaid, New Guidance

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California Court Denies Class Certification in ‘Wrong Number’ Case

A California federal court judge refused to certify a class of plaintiffs in a Telephone Consumer Protection Act (TCPA) lawsuit against Citibank, determining that individualized issues of consent would predominate in a case…more

Auto-Dialed Calls, Citibank, Class Action, Class Certification, Class Members

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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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California’s Valentine’s Day Surprise: Chocolates, Flowers and . . . Noncompete Notices?

While you’re making reservations and buying flowers for Valentine’s Day, don’t forget to check your company’s confidentiality, non-solicitation and noncompete agreements for violations of California law…more

California, Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing

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What California’s New Consumer Privacy Bill Means for Healthcare

California Governor Jerry Brown signed A.B. 375, the California Consumer Privacy Act of 2018 (CCPA), into law on June 28, 2018. The CCPA is the nation’s strictest consumer privacy and data protection measure…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Data Privacy, Data Protection, Health Care Providers

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Positioning for Value-Based Cancer Care: Lessons and Opportunities

Editor’s Note: In late June 2022, the Centers for Medicare & Medicaid Services’ (CMS) Innovation Center (CMMI) launched the Enhancing Oncology Model (EOM), an alternative payment model seeking to incentivize providers in…more

Centers for Medicare & Medicaid Services (CMS), CMMI, Health Care Providers, Hospitals, Physicians

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UPDATE: Local California Elected Officials Prohibited from Voting On Campaign Contributors’ Projects

The Levine Act prohibits “officers” of any state or local government agency who have received a contribution of $250 or more from an applicant or affiliated party from voting on the applicant’s matter—whether it be a contract, a…more

Campaign Contributions, Governor Newsom, Political Contributions, State and Local Government

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FDA Approves Florida’s Application to Import Drugs from Canada

On January 5, 2024, the Food and Drug Administration (FDA) authorized the state of Florida’s proposal under the Section 804 Importation Program (SIP) for a period of two years. FDA’s action marks the first time a state drug…more

Canada, Federal Food Drug and Cosmetic Act (FFDCA), Florida, Food & Drug Regulations, Food and Drug Administration (FDA)

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Copyright Litigation and Recent Developments: Spring 2022

In our May 2022 copyright update, Manatt’s attorneys summarize recent decisions of interest from the U.S. courts and Copyright Office, and highlight other matters that we’re watching in the coming months…more

Artificial Intelligence, Copyright, Copyright Infringement, Copyright Litigation, Copyright Registration

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Entertainment Industry Predictions: Streamers, Litigation, Emerging Tech in 2023

The entertainment industry has transformed itself in recent years through the adoption of new technologies and is pioneering a variety of exciting new creative avenues. Below we predict what 2023 will bring, ranging from the…more

Artificial Intelligence, Copyright, Metaverse, Non-Fungible Tokens (NFTs), Popular

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[Webinar] The Legal, Regulatory and Market Trends Transforming Health Care - October 5th, 9:30 am - 10:30 am PT

From the end of the COVID-19 public health emergency (PHE) to the overturning of Roe v. Wade to the skyrocketing growth of virtual care, multiple forces are converging to remap the health care landscape. In a new webinar, Manatt…more

Abortion, Children's Health Insurance Program (CHIP), Continuous Coverage, Health Care Providers, Healthcare Reform

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[Webinar] Working Across the Health Care Ecosystem: Successes, Challenges and Best Practices for Delivering Care at Home - July 25th, 2:30 pm - 3:30 pm ET

Join Manatt for Part Two of a New Webinar Series Guiding You Through the Complexities of Care at Home—and Sharing Best Practices for Effective Delivery. Health care is moving home. According to the Centers for Medicare &…more

Best Practices, Financing, Health Care Providers, Healthcare Costs, Home Health Agencies

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Preparing for the Corporate Transparency Act

Beginning in January 2024, many small businesses and family investment companies will be required to report ownership and management information to the U.S. Department of the Treasury. The reporting requirements arise under the…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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New CMMI Innovation Models Support Digitally Enabled Care

With the recent announcements of two new innovation models, the Centers for Medicare & Medicaid Services (CMS) is recognizing the role of digitally enabled care in improving access and outcomes. …more

Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), CMMI, Electronic Protected Health Information (ePHI), Funding Opportunities

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What Creditors and Medical Services Providers Need to Know About D.C.’s Amended Debt Collection Law

Creditors and medical services providers should reevaluate their consumer credit agreements and collection practices in light of a recent amendment to Washington, D.C.’s debt collection law, which goes into effect on January 1,…more

Creditors, Debt Collection, Health Care Providers, Medical Debt

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Corporate Investigations and White Collar Defense - November 2017

Insider Trading: Once More Into the Breach - Why it matters: On Aug. 23, 2017, the Second Circuit decided U.S. v. Martoma, in which the court affirmed a tippee’s conviction in an insider trading case based on the Supreme…more

Bribery, Department of Justice (DOJ), False Claims Act (FCA), Foreign Corrupt Practices Act (FCPA), Insider Trading

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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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Empowering States to Regulate Their Insurance Markets

On April 9, 2018, the Centers for Medicare & Medicaid Services (CMS) issued a Health & Human Services (HHS) Notice of Benefit and Payment Parameters for 2019 (final rule). The final rule is the first time the Trump…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Health Insurance

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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, Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC), False Advertising

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[Webinar] Final Medicaid Rules, Part Two: Managed Care Payments, Quality and Oversight - May 21st, 12:00 pm - 1:00 pm PT

This program is part two of Manatt’s New Federal Rules on Medicaid Access and Managed Care webinar series. After releasing sweeping proposed rules on Medicaid access and managed care in spring 2023, the Centers for Medicare…more

Centers for Medicare & Medicaid Services (CMS), Continuing Legal Education, Fee-for-Service, Final Rules, Health Care Providers

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Private NY Employers Required To Adopt Prevention Standard Plans by August 5 to Comply With NY HERO

On July 6, the New York State Department of Labor (NYS DOL) published the Airborne Infectious Disease Exposure Prevention Standard (“Prevention Standard”), a model airborne infectious disease exposure prevention plan (“Model…more

Employer Liability Issues, Health & Safety Standard, Infectious Diseases, New Legislation, Occupational Exposure

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Communications Decency Act Does Not Bar Claims Against Social Media Companies Due To Mass Shooting

A New York State trial court has held, in Patterson et al. v. Meta Platforms, Inc. et al., that the Communications Decency Act (CDA) does not preclude, as a matter of law, claims asserted against various social media companies,…more

Communications Decency Act, Corporate Liability, Emotional Distress Damages, Failure To Warn, Mass Shootings

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UPDATE: Local California Elected Officials Prohibited from Voting On Campaign Contributors’ Projects

The Levine Act prohibits “officers” of any state or local government agency who have received a contribution of $250 or more from an applicant or affiliated party from voting on the applicant’s matter—whether it be a contract, a…more

Campaign Contributions, Governor Newsom, Political Contributions, State and Local Government

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[Webinar] Employer Uncertainty Post-Dobbs - November 29th, 10:00 am - 11:00 am PT

Five months after the Supreme Court’s Dobbs decision, employers across the country are still wrestling with the unknown consequences and risks of doing something or nothing to help their employees located in states where the…more

Abortion, Civil Liability, Continuing Legal Education, Criminal Liability, Dobbs v. Jackson Women’s Health Organization

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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, Equal Employment Opportunity Commission (EEOC), Grocery Stores, Jurisdiction

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[Webinar] Talking Politics: California Goes to Washington - January 12th, 12:00 pm - 1:00 pm PT

The ballots have been counted and are now final. In just a matter of weeks, on January 20, 2021, the new Biden-Harris administration will take office. As the administration’s priorities and appointments are announced, many have…more

Biden Administration, California, Environmental Policies, Governor Newsom, Immigration Procedures

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[Webinar] Mental Health Parity Update: Key Takeaways From the Newest Regulatory Guidance and Litigation Trends - September 19th, 1:00 pm - 2:00 pm ET

The Mental Health Parity and Addiction Equity Act (MHPAEA) requires health plans to provide mental health benefits, including coverage for substance use disorders (SUDs), that are in “parity” with medical and surgical benefits…more

Continuing Legal Education, Department of Health and Human Services (HHS), Department of Labor (DOL), Health Care Providers, Health Insurance

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New York Drags Its Securities Filings Into the 21st Century

New rules will simplify the notice filing process for private placements by requiring filings be made on a Form D via the North American Securities Administrators Association multistate Electronic Filing Depository, consistent…more

Filing Requirements, Form D Filing, Investor Protection, NASAA, Private Placements

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CMS Approves Renewal of Vermont’s 1115 Demonstration

On June 28, 2022, the Centers for Medicare & Medicaid Services (CMS) approved a five-and-a-half-year renewal of Vermont’s Global Commitment to Health (Global Commitment) Section 1115 demonstration. The Global Commitment…more

Centers for Medicare & Medicaid Services (CMS), Medicaid, Mental Health, Substance Abuse

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Illinois Set to Impose Significant Obligations on College and Financial Aid Advisory Services

Illinois adopted a first-of-its-kind law regulating entities that advise consumers about college or career searches, financial aid, or scholarships, or that assist with planning, preparing or submitting applications on behalf of…more

Disclosure Requirements, Educational Institutions, Fee-for-Service, Financial Aid, Financial Regulatory Reform

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COVID-19 Vaccinations: Myths and Facts

There is widespread agreement that vaccinations provide our greatest chance of defeating COVID-19. Numerous myths about the vaccine, however, could raise unfounded fears and hamper rollout efforts. Employers face additional…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Food and Drug Administration (FDA), Health and Safety

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[Webinar] Ten Health Care Imperatives for the 2020s: Navigating Through the Surges - May 24th, 12:00 pm - 1:00 pm ET

In January 2021, Manatt Health described the ten health care imperatives essential for improving our health care system and advancing health equity in the 2020s. Now two years into the decade, we have released our 2022 update,…more

Coronavirus/COVID-19, Digital Health, Disparate Impact, Health Care Providers, Healthcare Facilities

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CFPB Loses Major UDAAP Case

On September 8, 2023, the U.S. District Court for the Eastern District of Texas issued an opinion and order vacating a March 2022 anti-discrimination update to the UDAAP section of the Consumer Financial Protection Bureau’s…more

Consumer Financial Protection Bureau (CFPB), Enforcement Actions, Financial Services Industry, UDAAP

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CMS Restricts Marketing Companies From Sharing Medicare Beneficiary Data

Half of Medicare beneficiaries are enrolled in Medicare Advantage (MA) plans. This extensive growth, which represents a doubling of MA enrollment since 2010, has been driven in part by an extensive network of insurance agents…more

Centers for Medicare & Medicaid Services (CMS), Data Privacy, Data-Sharing, Health Insurance, Health Insurance Portability and Accountability Act (HIPAA)

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Both SEC and Ripple Claim Victory in Important Securities Decision

The crypto industry secured a key victory in its court battles with the Securities and Exchange Commission (SEC or Commission) on Thursday, July 13, when Judge Analisa Torres of the U.S. District Court for the Southern District…more

Cryptocurrency, Initial Coin Offering (ICOs), Popular, Public Exchanges, Ripple

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Post-Facebook v. Duguid Litigation Roundup December 2023

As part of Manatt’s continuing monthly coverage of the aftermath of  Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an…more

ATDS, Auto-Dialed Calls, Facebook Inc v Duguid, Popular, Robocalling

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[Webinar] AI-Driven Ad Creation—Best Practices for Mitigating Legal Risk - September 28th, 12:00 pm - 1:00 pm PT

Generative artificial intelligence (AI) can be a powerful tool to create and enhance advertising campaigns, but it is important to ensure that the ads are legally compliant. Using AI merely to help brainstorm new ideas presents…more

Advertising, Artificial Intelligence, Best Practices, Continuing Legal Education, Risk Mitigation

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Executive Summary: New York State Fiscal Year 2024-2025 Budget

On January 16, New York Governor Kathy Hochul released her State Fiscal Year (SFY) 2024-25 Executive Budget, her third since assuming office in August 2021. Addresses by Governor Hochul and Budget Director Blake Washington…more

Conservation, Economic Development, Environmental Policies, Healthcare, Mental Health

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Reverse Stock Splits and Increases in Authorized Shares Will Become Easier under Delaware Law

On July 17, 2023, the Governor of the state of Delaware signed Senate Bill 114 amending the General Corporation Law of the State of Delaware (DGCL), which will become effective on August 1, 2023. Among other things, the…more

Capital Markets, Delaware, Delaware General Corporation Law, Nasdaq, NYSE

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[Webinar] Final Medicaid Rules, Part Two: Managed Care Payments, Quality and Oversight - May 21st, 12:00 pm - 1:00 pm PT

This program is part two of Manatt’s New Federal Rules on Medicaid Access and Managed Care webinar series. After releasing sweeping proposed rules on Medicaid access and managed care in spring 2023, the Centers for Medicare…more

Centers for Medicare & Medicaid Services (CMS), Continuing Legal Education, Fee-for-Service, Final Rules, Health Care Providers

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There’s Nothing Weak About the SEC’s “Weakened” Climate Disclosure Mandate

The Securities and Exchange Commission (SEC) released its long-awaited climate disclosure mandate for publicly traded companies (Final Rule). While significant portions of the proposed rule have been scaled back or outright…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Key Takeaways From the Gray v. Dignity Health Decision

On October 13, 2021, the California Court of Appeal, 1st District in San Francisco issued its opinion in Gray v. Dignity Health, 2021 WL 4771982. In a published decision that will likely control the outcome in at least six other…more

Class Action, Disclosure Requirements, Duty to Disclose, Emergency Rooms, Failure To Disclose

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Telehealth: Regulation, Compliance, Audit and Investigation

I. Introduction - Use and acceptance of telehealth technologies have grown very substantially since the start of the COVID-19 pandemic. This growth has been substantially facilitated by waivers and relaxations of existing…more

Americans with Disabilities Act (ADA), Anti-Kickback Statute, Billing Rates, Coronavirus/COVID-19, Fraud and Abuse

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Intellectual Property Law - April 2016

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

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

See all updates »

Post-Facebook v. Duguid Litigation Roundup - September 2023

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an…more

ATDS, Auto-Dialed Calls, Facebook, Facebook Inc v Duguid, Random or Sequential Number Generator

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New Hampshire Poised to Enact New England’s Second State Comprehensive Privacy Law

On January 18, the New Hampshire legislature passed on a bipartisan basis its version of the state comprehensive privacy law first adopted by Virginia in 2021 and subsequently by more than ten other states, most recently New…more

Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection, Data Security

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New Hampshire Poised to Enact New England’s Second State Comprehensive Privacy Law

On January 18, the New Hampshire legislature passed on a bipartisan basis its version of the state comprehensive privacy law first adopted by Virginia in 2021 and subsequently by more than ten other states, most recently New…more

Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection, Data Security

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[Webinar] Mental Health Parity Update 2024: The Latest Regulatory and Litigation Trends - March 26th, 1:00 pm - 2:00 pm ET

The Mental Health Parity and Addiction Equity Act (MHPAEA) requires health plans and insurers to offer mental health coverage in “parity” with a plan’s medical or surgical coverage. In 2024, as the post-COVID era brings a…more

Class Action, Continuing Legal Education, Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Retirement Income Security Act (ERISA)

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Retail and Consumer Products Law Roundup - February 2019

Newsom’s Six-Month Paid Family Leave Agenda - Shortly after being sworn in as the new governor of California, Gavin Newsom proposed extending California’s current six-week paid family leave (PFL) to six months. PFL, which…more

Automatic Renewals, Consumer Product Companies, Data Privacy, Data Security, Mobile Apps

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Continuous Medicaid/CHIP Eligibility for Children and Youth: 2024 Considerations for States

In December 2022, the U.S. Congress took a step to address churn—where enrollees lose Medicaid coverage, often for procedural reasons, and later reenroll after a gap in coverage—in the Consolidated Appropriations Act, 2023…more

Children's Health Insurance Program (CHIP), Consolidated Appropriations Act (CAA), Eligibility Determination, Health Insurance, Healthcare

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Rap Song, Video Trigger Sharon Stone Lawsuit

Accusing rapper Chanel West Coast of trying to capitalize upon her “extraordinary level of popularity and fame,” Sharon Stone filed suit against the musician over the song “Sharon Stoned.”…more

Consent, Disgorgement, Injunctive Relief, Lanham Act, Music Industry

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Achieving a Racially and Ethnically Equitable Health Care Delivery System in Massachusetts: A Vision and Proposed Action Plan

OVERVIEW - This report proposes a vision and plan for action—collectively a statewide Health Equity Action Plan—for achieving a racially and ethnically equitable health care delivery system in Massachusetts. The report is…more

Blue Cross, Blue Shield, Disparate Impact, Disparate Treatment, Diversity and Inclusion Standards (D&I)

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Service Line Development in Academic Health Systems

An integrated service line organizes multidisciplinary services across the care continuum to serve a defined patient cohort. This patient-centric structure improves patient experience, clinical outcomes and operating…more

Best Practices, Health Care Providers, Healthcare, Patient Access, Patients

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Court Rules Provider’s Prior Authorization Calls with Payor Not a Binding Contract

In a decision important to health care payors and providers alike, a California Court of Appeal, in AToN Center, Inc. v. United Healthcare Insurance Company, et al., 93 Cal.App.5th 1214 (2023), agreed with a lower court decision…more

Health Insurance, Healthcare, Medical Reimbursement, Out of Network Provider, Payor Contracts

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Ninth Circuit: NBA Doesn’t Preempt California Escrow Law

In a ruling that could prove costly to some national banks, the Ninth Circuit has ruled that the National Bank Act (NBA) does not preempt California state law mandating that financial institutions pay borrowers interest on funds…more

Banking Sector, Borrowers, Escrow Accounts, Financial Institutions, National Bank Act

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Supporting the Future of Primary Care in California Through Aligned Hybrid Payment Models - A Call to Action

Introduction - The vision of primary care as the foundation for all health care is one shared by many who work in and around the U.S. health care system. Patients, policymakers, providers, payers and purchasers generally…more

Alternative Payment Models (APM), Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Healthcare, Healthcare Reform

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HHS Announces Medicaid and Medicare Flexibilities, Investigations post-Change Healthcare Cyberattack

Since becoming aware of the cyberattack on Change Healthcare in late February, the Centers for Medicare & Medicaid Services (CMS) has announced a number of flexibilities to support affected providers that have experienced…more

Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities

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Did You Really Need That PPP Loan? The SBA Wants to Know

Without much fanfare, the Small Business Administration (SBA) has started investigating borrowers of larger Paycheck Protection Program (PPP) loans to obtain information about their business activities. The SBA has asked lenders…more

Borrowers, Business Necessity, CARES Act, Eligibility, Loan Forgiveness

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Why You Should Continue to Pay Attention to PACE

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

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

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Real Estate Guidance For Construction Loans in FDIC Receivership

Real estate developers may be wondering what to expect for upcoming draws of construction loans or credit lines to fund real estate development if the FDIC places their lender into receivership. In the 2008/2009 financial…more

Banks, Borrowers, Construction Loans, FDIC, Loans

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Closing the Digital Health Disconnect: A Blueprint for Optimizing Digitally Enabled Care (UPDATED)

Editor’s Note: In a new report, summarized below, the American Medical Association (AMA) and Manatt Health explore the digital health disconnect and propose opportunities for health care stakeholders to address it. The report…more

American Medical Association, Coronavirus/COVID-19, Health Care Providers, Physicians

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California's New End of Life Option Act Impacts Insurers

California's "End of Life Option Act" (the Act) went into effect June 9, 2016—making California the fifth state (behind Oregon, Washington, Vermont and Montana) to allow terminally ill adults with fewer than six months to live…more

End-of-Life-Care, Health Care Providers, Insurance Industry, Life Insurance, Pharmaceutical Industry

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Employment Law - May 2016 #2

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

Administrative Law Judge (ALJ), Defend Trade Secrets Act (DTSA), Department of Labor (DOL), Employee Handbooks, Employee Restrooms

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Health Update - February 2018

Hospitals and Health Systems Prepare for a Value-Based Future - Editor’s Note: Hospitals and health systems are actively working to service their communities in numerous ways, including through the adoption of initiatives…more

Antitrust Division, Cost-Sharing, False Claims Act (FCA), Hospitals, Information Sharing

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False Claims Act 2023: What Every Health Care Entity Working with the Government Needs to Know

In our July 18, 2023, webinar titled “False Claims Act 2023: What Every Health Care Entity Working with the Government Needs to Know,” Manatt posed the following hypothetical and asked three questions about it in our live poll…more

Anti-Kickback Statute, False Claims Act (FCA), Federal Contractors, Health Care Providers, Healthcare

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Hospital Acquisitions in Louisiana Avoid FTC Review, for Now

More hospital acquisitions may seek to avoid premerger scrutiny of the Federal Trade Commission (FTC) under the HSR Act (or any antitrust inquiry ever) if a recent federal district court decision holds up and becomes settled…more

Antitrust Provisions, Certificates of Public Advantage (COPAs), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Health Care Providers

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North Carolina Expands Medicaid

On December 1, 2023, North Carolina will become the 40th state to implement Medicaid expansion under the Affordable Care Act (ACA), extending Medicaid eligibility to more than 600,000 adults with incomes up to 138% of the…more

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

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Health Care Industry Reminded Again About Cybersecurity Risks With Cloud Vendors

Synopsis. The Ohio Supreme Court ruled last week that insurance coverage was not available to a cloud-based medical software provider because, under the applicable insurance policy, “[c]omputer software cannot experience ‘direct…more

Cyber Attacks, Cybersecurity, Data Breach, Data Privacy, Data Protection

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Federal Court Adopts CFTC Position on Cryptocurrency Authority

In the first case of its kind, a New York federal district court has adopted the position of the Commodity Futures Trading Commission (CFTC) that it has jurisdiction to regulate the virtual currency markets. In so doing, the…more

Bitcoin, CFTC, Cryptocurrency, Digital Currency, Virtual Currency

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AI Implemented Invention Tips Following USPTO Guidance

The United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit have both previously held that an artificial intelligence (AI) system cannot be a sole inventor on a patent application since…more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Inventions, Inventors

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Service Line Development in Academic Health Systems

An integrated service line organizes multidisciplinary services across the care continuum to serve a defined patient cohort. This patient-centric structure improves patient experience, clinical outcomes and operating…more

Best Practices, Health Care Providers, Healthcare, Patient Access, Patients

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Health Update - January 2018

The Eight Key Elements of Effective Compliance Programs - Editor’s Note: In a recent webinar for Bloomberg BNA, Manatt examined game-changing fraud and abuse trends and cases—and revealed strategies for avoiding False Claims…more

Digital Health, Food and Drug Administration (FDA), Net Neutrality, Opioid, Section 340B

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A New Proposal for a Federal Privacy Law is Here: What You Should Know about APRA

Earlier this week, the House Committee on Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and Senate Committee on Commerce, Science and Transportation Chair Maria Cantwell (D-WA) released a discussion draft of the…more

Artificial Intelligence, Consumer Privacy Rights, Data Collection, Data Privacy, Data Security

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Medical Device Claims Sent to FTC, FDA

As a result of Zero Gravity’s failure to respond to its inquiries, the National Advertising Division (NAD) has referred Zero Gravity’s claims for its Perfectio line of medical devices to the Federal Trade Commission (FTC) and…more

Advertising, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Medical Devices, NAD

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Governor Signs Bill Extending Most Residential Entitlements for 18 Months

Yesterday, Governor Newsom signed AB 1561 (Garcia/Greyson) extending most residential entitlements for 18 months. During periods of economic downturn, a blanket extension of tentative tract maps has not been uncommon, but the…more

Building Permits, Construction Industry, Housing Developers, Land Developers, Mixed-Use Zoning

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FDA Issues Final Guidance on the Safer Technologies Program (STeP) for Medical Devices

On January 6 of this year, the Food and Drug Administration (FDA) released a final guidance on the Safer Technologies Program (STeP) for Medical Devices. The concept of STeP was first introduced by FDA in 2018 with the goal of…more

Clinical Trials, Final Guidance, Food and Drug Administration (FDA), Manufacturers, Medical Devices

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Fine-tuning Liability Protections in the COVID-19 Emergency - NY State Government: Week in Review

When the scope of the COVID-19 pandemic became apparent, legal commentators, physician organizations and healthcare policymakers sounded the alarm over the potential civil and criminal liabilities that might be faced by…more

Coronavirus/COVID-19, Criminal Liability, Health Care Providers, Healthcare Facilities, Immunity

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A First Look: Highlights From North Carolina’s Healthy Opportunities Pilots

Introduction - Over the past year, the North Carolina Department of Health and Human Services (NCDHHS) has tested the health impacts of providing services to address certain social drivers of health—the conditions in which…more

Health Care Providers, Medicaid, Medicare, State and Local Government

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Health Update - April 2018

Connecting Justice-Involved Populations to Health Coverage and Care - Editor’s Note: The importance of connecting justice-involved populations to health coverage and care is evident from the high levels of physical and…more

1332 Waiver, Antitrust Division, DSRIP, Health Care Providers, Mental Health

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A New Proposal for a Federal Privacy Law is Here: What You Should Know about APRA

Earlier this week, the House Committee on Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and Senate Committee on Commerce, Science and Transportation Chair Maria Cantwell (D-WA) released a discussion draft of the…more

Artificial Intelligence, Consumer Privacy Rights, Data Collection, Data Privacy, Data Security

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CFPB’s Proposes Data Rights Rule to Accelerate the Shift to “Open Banking”

On October 19, the Consumer Financial Protection Bureau (CFPB) issued its highly anticipated notice of proposed rulemaking to implement Section 1033 of the Dodd-Frank Act. The Personal Financial Data Rights Rule would require…more

Comment Period, Consumer Data Requests, Consumer Financial Products, Consumer Financial Protection Bureau (CFPB), Data Management

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Biden Administration Doubles Down on Investment in Women’s Health

On March 18, the Biden Administration announced that it is doubling down on its commitment—previously announced during President Biden’s State of the Union address—to transform women’s health research and improve the lives of…more

Biden Administration, Federal Funding, Healthcare, Healthcare Reform, Life Sciences

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Continuous Medicaid/CHIP Eligibility for Children and Youth: 2024 Considerations for States

In December 2022, the U.S. Congress took a step to address churn—where enrollees lose Medicaid coverage, often for procedural reasons, and later reenroll after a gap in coverage—in the Consolidated Appropriations Act, 2023…more

Children's Health Insurance Program (CHIP), Consolidated Appropriations Act (CAA), Eligibility Determination, Health Insurance, Healthcare

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IRS Urges Entities with EINs to Update Responsible Party and Contact Information

Critical in Cases of Identity Theft or Fraud A news release issued by the Internal Revenue Service (IRS) on July 30, 2021, reminds holders of Employer Identification Numbers (EINs) that a change in responsible party requires an…more

Employer Identification Number (EIN), IRS, Regulatory Requirements, Responsible Party, Social Security Numbers

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Health Update - June 2017

HIPAA and Emerging Technologies - Editor’s Note: According to a HIMSS Mobile Technology Survey of healthcare provider employees, about 90% say they are using mobile devices to engage patients in their healthcare—and 36%…more

Anticompetitive Agreements, Breach Notification Rule, Bring Your Own Device (BYOD), Cost-Sharing, Department of Justice (DOJ)

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Judge Denying Summary Judgment Promises Demonstration of Challenged Ad Claims for Jurors

A putative class action challenging advertising claims for skin care products will move forward after a California federal court judge denied the defendants’ motion for summary judgment. Plaintiffs Kari Miller and Samantha…more

Advertising, Cosmetics, Genuine Issue of Material Fact, Motion for Summary Judgment, Puffery

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Volcker Rule Changes Provide Stimulus Effect With Banks and Investment Funds

On June 25, 2020, federal banking and securities regulators issued new regulations that will ease burdens on banks that involve themselves with certain types of investment funds. By creating new exclusions from the definition of…more

Banks, Community Reinvestment Act, Debt Instruments, Final Rules, Internal Revenue Code (IRC)

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Governor Newsom Proposes California FY 2024–25 Budget

Governor Gavin Newsom has unveiled his January budget proposal, which authorizes $291.5 billion in spending, significantly less than the $310.9 billion budget plan enacted just six months ago.  To balance the proposed budget,…more

Budget Cuts, California, Infrastructure, State and Local Government, State Budgets

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[Webinar] Navigating the Rapidly Changing Medicare Advantage Regulatory Landscape - April 11th, 1:00 pm - 2:00 pm ET

Medicare Advantage (MA) plans now cover about half of Medicare beneficiaries, and with that enrollment growth has come increased scrutiny from federal and state regulators. As federal regulators complete a busy season of…more

Audits, Centers for Medicare & Medicaid Services (CMS), Continuing Legal Education, Enforcement, False Claims Act (FCA)

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Governor Newsom Announces Return to Strict Stay-at-Home Order, but on a Regional Basis

New Order Reinstates Restrictions on Business, Travel and Other Nonessential Activities - On Thursday, December 3, 2020, California Governor Gavin Newsom announced the release of a new regional Stay-at-Home Order in response…more

Cal-OSHA, Coronavirus/COVID-19, Critical Infrastructure Sectors, Executive Orders, Governor Newsom

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California Supreme Court Rejects “New Project” Argument

Friends of the College of San Mateo Gardens v. San Mateo County Community College District (No. S214061, September 19, 2016) - Why It Matters: As land developers and investors know all too well, so-called “fully-entitled”…more

Addendums, CA Supreme Court, CEQA, Environmental Impact Report (EIR)

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Congress Passes American Rescue Plan; Health Coverage Provisions Could Have Lasting Impacts

On March 11, President Joe Biden signed an approximately $1.9 trillion COVID-19 relief bill—the American Rescue Plan Act of 2021 (American Rescue Plan). It includes myriad health care provisions, focused primarily in two…more

Affordable Care Act, American Rescue Plan Act of 2021, Biden Administration, Centers for Medicare & Medicaid Services (CMS), COBRA

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New Montana Medicaid Report Shows Impact of Continuous Enrollment in Medicaid Expansion

In February 2023, the Montana Healthcare Foundation released the third annual Medicaid in Montana report on the state’s Medicaid program and its impact on the state budget, economy and health. This year’s report highlights the…more

Health Care Providers, Medicaid, Medicaid Expansion, Telehealth

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Wit Redux—Again: Ninth Circuit Again Supersedes Its Prior Opinion in Landmark Mental Health Case

Editor’s Note: In the article below, Manatt discusses the Ninth Circuit’s new opinion in the ongoing Wit v. United Behavioral Health litigation and the changes from the now-vacated January 2023 Wit decision…more

Abuse of Discretion, Article III, Class Action, Class Certification, Department of Health and Human Services (HHS)

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Cash is King: How A Capital Strategy Can Enable Today’s Start-Ups to Survive

2023 has proved to be challenging for many cash-conscious startups, especially those that anticipated raising venture capital in the first half of the year. As the Federal Reserve continues to increase interest rates in an…more

Capital Raising, Early Stage Companies, Emerging Growth Companies, Investment, Investors

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Healthcare Litigation - February 2017

HCQIA Preemption of State Physician Whistleblower Statutes - Medical professionals who are subject to adverse actions following peer review often seek to sue the peer review participants (including the individual…more

Employees, HCQIA, Hospitals, Peer Review, Physicians

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What’s Next: Opportunities in Infrastructure Now That a First Step Has Been Taken

On June 24, 2021, following months of negotiations, President Biden and Vice President Harris announced their support for a $1.2 trillion bipartisan framework for infrastructure investment. The $1.2 trillion plan calls for $579…more

Biden Administration, Bipartisan Agreement, Broadband, Clean Energy, Climate Change

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Post-Facebook v. Duguid Litigation Roundup December 2023

As part of Manatt’s continuing monthly coverage of the aftermath of  Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an…more

ATDS, Auto-Dialed Calls, Facebook Inc v Duguid, Popular, Robocalling

See all updates »

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

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

Budgets, Electricity, Municipalities, Public Utility

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SEC Municipal Securities Conference Highlights Emerging Trends in Disclosure

Editor’s Note: Tax-exempt bond financing remains a staple of hospitals’ and health systems’ access to capital for financing capital improvements. The Security and Exchange Commission’s (SEC’s) disclosure regime, and in…more

Due Diligence, Financial Institutions, Municipal Advisers, Securities and Exchange Commission (SEC), Underwriting

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California Assembly Acts to Streamline Physician Credentialing Process

The California Legislature is considering a bill to simplify the process by which health insurers and plans credential providers. Currently, providers must satisfy the proprietary “credentialing” requirements of individual…more

California, Credentialing, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance

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FY 2025 Executive Budget Women’s Health Highlights

Earlier this week, Governor Kathy Hochul released her Executive Budget proposal totaling $233 billion for State Fiscal Year 2025. The budget proposes several initiatives targeted at improving access to, quality of, and…more

Abortion, Employee Benefits, Employees, Family Planning Clinics, Gender Identity

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Governor Newsom’s May Budget Proposal Urges Fiscal Prudence in Uncertain Times

California Governor Gavin Newsom has unveiled his May Revision to his January $297 billion spending proposal for FY2023-24. His new proposal totals $307 billion and addresses a projected $31.5 billion deficit, a $9 billion…more

California, Climate Change, Healthcare, Homeless Issues, Infrastructure

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Sixth Circuit Holds CDC’s Eviction Moratorium Likely Ultra Vires and Unenforceable

The Sixth Circuit Court of Appeals held earlier this week that the CDC is unlikely to prevail on the merits and therefore a ruling from the Western District of Tennessee holding that the federal eviction moratorium “is ultra…more

CARES Act, Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Eviction, Executive Orders

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Smith v. United HealthCare: Starting Another Class Actions Cycle?

In July 2019, Judge Gilliam of the Northern District of California issued an order interpreting the different avenues a plaintiff may pursue in bringing a parity claim—a decision that may be consequential to health plans and…more

Affordable Care Act, Class Action, Employee Retirement Income Security Act (ERISA), Healthcare, Insurance Industry

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California's New End of Life Option Act Impacts Insurers

California's "End of Life Option Act" (the Act) went into effect June 9, 2016—making California the fifth state (behind Oregon, Washington, Vermont and Montana) to allow terminally ill adults with fewer than six months to live…more

End-of-Life-Care, Health Care Providers, Insurance Industry, Life Insurance, Pharmaceutical Industry

See all updates »

Next-Generation Funds Flow Model: Enhancing Academic Health System Alignment

The promise of academic medicine is to create new knowledge, train the next generation of practitioners and advance standards of patient care. The funding is the oil that lubricates this powerful innovation engine. In addition…more

Funding, Health Care Providers, Investment

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[Ongoing Program] Never ‘Met a Verse’ I Didn’t Like: Prospering and Capturing Opportunities in Web3 - April 7th, 12:00 pm - 12:30 pm PT

Join an interdisciplinary panel of Manatt professionals for the second of a three-part webinar series on the metaverse and the dawn of the Web3 era. This program will provide a closer look at how companies can engage in the…more

Blockchain, Business Opportunities, Continuing Legal Education, Financing, Investment

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Intellectual Property Law - April 2016

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

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

See all updates »

[Webinar] Rock Around the Block: Blockchain and Cryptocurrency Transaction and Regulatory Updates for 2021 - March 25th, 2:00 pm - 3:45 pm ET

It’s already been an epic year for blockchain, and it’s only March. As blockchain technology and digital currency companies are dominating today’s headlines, and more traditional companies get involved, what’s next for this…more

Blockchain, Capital Raising, Continuing Legal Education, Cryptocurrency, Decentralized Finance (DeFi)

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OCC Proposed Policy Statement Sheds Insight into Thinking on Business Combo Review Process

In an effort to increase transparency in the Bank Merger Act (BMA) approval process, the Office of the Comptroller of the Currency (OCC) has recently issued a proposed policy statement (the “Policy Statement”) which is intended…more

Bank Merger Act, Banks, Financial Institutions, Financial Regulatory Reform, Financial Services Industry

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Updated: HSR Thresholds Revised (and Lowered) and Early Terminations Suspended Pending Review

On February 1, 2021, the Federal Trade Commission (FTC) announced revised notification thresholds for determining whether companies or other entities are required to provide notice to the federal antitrust agencies about a…more

Acquisitions, Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Filing Fees

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CMS Approves Montana’s Reentry Services, Contingency Management, and Tenancy Supports 1115 Waiver

On February 26, 2024, Montana received Centers for Medicare and Medicaid Services (CMS) approval to provide contingency management, tenancy supports, and Reentry Initiative services under its Section 1115 Healing and Ending…more

1115 Waivers, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Health Insurance, Healthcare

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Preparing a Community Health and Health Equity Strategic Plan

Academic health systems serve a vital role in the health and well-being of the communities they serve. They employ thousands of people and are an economic engine delivering clinical care, the training of health care…more

Community Health Systems, Health Care Providers, Healthcare, Investment Portfolios, Social Equity Programs

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[Webinar] Antitrust and Health Care: What to Expect in 2022 - March 1st, 1:00 pm - 2:00 pm ET

The big technology companies may be making headlines for antitrust scrutiny, but health care is also squarely in the crosshairs for heightened antitrust enforcement. The Federal Trade Commission (FTC) already devotes a…more

Acquisitions, Antitrust Provisions, Antitrust Violations, Continuing Legal Education, Enforcement Actions

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Storming The Arches: Corporate Officers Owe Duty of Oversight Per Delaware Court of Chancery

The Delaware Court of Chancery has recently held in In re McDonald’s Corporation Stockholder Derivative Litigation that shareholders can pursue a derivative claim for breach of the fiduciary duty of oversight against corporate…more

Breach of Duty, Corporate Officers, Derivative Suit, Fiduciary Duty, Shareholder Litigation

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[Webinar] Robots Come to Hollywood: Breaking Down the Artificial Intelligence Provisions in the New SAG-AFTRA and WGA Contracts - February 6th, 12:00 pm - 1:00 pm PST

Please join Manatt Entertainment Partner Sarah E. Moses and esteemed guests Jeffrey Bennett, General Counsel for SAG-AFTRA; Tony Segall, Outside Counsel for the Writers Guild of America West; and Jonathan Handel, Entertainment…more

Artificial Intelligence, Artists, Automated Systems, Continuing Legal Education, Entertainment Industry

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Assessing the Regulatory Burden on Inpatient Psychiatric Facilities - April 2019

Editor’s Note: Inpatient psychiatric facilities operate under a heavy burden of federal regulatory requirements. In a new report commissioned by the National Association of Behavioral Health (NABH), summarized below, Manatt…more

Centers for Medicare & Medicaid Services (CMS), EMTALA, Hospitals, Inpatient Rehab Facilities, Medicare

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EPA Dips Toes Into PFAS Drinking Water

On April 25, 2019, the U.S. Environmental Protection Agency (EPA) released its Draft Interim Recommendations to Address Groundwater Contaminated with Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonate (PFOS) for public…more

Drinking Water, Environmental Protection Agency (EPA), PFAS, Public Comment

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[Webinar] Unlocking the Unique Potential of Academic Health Centers - July 29th, 4:00 pm - 5:00 pm ET

A New Manatt Webinar Shares a Framework for Cross-Enterprise Alignment and Collaboration to Drive Translational Research Excellence. Academic health centers (AHCs) are differentiated by their tripartite mission focused on…more

Best Practices, Collaboration, Health Care Providers, Health Clinics, Medical School

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[Webinar] Unmasking Best Practices for CRE Lenders During the COVID-19 Downturn - May 21st, 1:00 pm - 1:30 pm PT

With the impact of COVID-19 causing an economic downturn and, consequently, a potential recession for commercial real estate, lenders are now being faced with obstacles to limit damage to their portfolios. Join us for a…more

Best Practices, Borrowers, Commercial Real Estate Market, Continuing Legal Education, Coronavirus/COVID-19

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Accessing Out-of-Network Subspecialty Cancer Care in Marketplace Plans

In a new report prepared in partnership with the Leukemia & Lymphoma Society (LLS), summarized below, Manatt Health reviews policy challenges that may hamper patients’ ability to navigate and obtain proper treatment for their…more

Affordable Care Act, Cancer, Health Care Providers, Health Insurance, Insurance Regulations

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FDIC Issues Final Rule for Industrial Bank Application Process

What Happened - On December 15, 2020, the Federal Deposit Insurance Corporation (FDIC) adopted a final rule, effective April 1, 2021, setting forth conditions, commitments, and requirements for the approval of deposit…more

Banking Sector, Deposit Insurance, FDIC, Federal Reserve, Final Rules

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[Webinar] AI Essentials—Evaluating Partnership and Contracting Opportunities - July 26th, 3:00 pm - 4:00 pm ET

As AI solutions become increasingly prevalent, it is crucial for lawyers and business leaders to understand AI in order to evaluate AI partnerships and effectively contract with AI providers and tools. Please join us in this…more

Artificial Intelligence, Commercial Contracts, Continuing Legal Education, Contract Terms, Due Diligence

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Post-Facebook v. Duguid Litigation Roundup (UPDATED)

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an…more

Ally Financial Inc, ATDS, Auto-Dialed Calls, Capital One, CVS

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Retail and Consumer Products Law Roundup - April 2019

California Readies for Statewide Extended Producer Responsibility for Pharma Waste - The sale of needles (sharps) and pharmaceutical drugs in California is estimated to be on the order of $50 billion per year. Significant…more

Americans with Disabilities Act (ADA), California Consumer Privacy Act (CCPA), Environmental Protection Agency (EPA), Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA)

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Post-Facebook v. Duguid Litigation Roundup - September 2023

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an…more

ATDS, Auto-Dialed Calls, Facebook, Facebook Inc v Duguid, Random or Sequential Number Generator

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Two P2Ps in a Pod: The FCC Rules P2P Click-to-Text Platforms Are Not Autodialers

On June 25, 2020, the Federal Communications Commission (FCC) granted the P2P Alliance’s 2018 petition, squarely holding that “if a calling platform is not capable of originating a call or sending a text without a person…more

Auto-Dialed Calls, FCC, p2p, Peer-to-Peer, Prior Express Consent

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Addressing Housing Insecurity via Medicaid Managed Care

With the prices of homes and rentals continuing to climb alongside already high rates of housing insecurity, access to basic, safe, and clean housing is at risk for many people with low incomes across the country. Recognizing…more

Affordable Housing, MCOs, Medicaid

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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, Centers for Medicare & Medicaid Services (CMS)

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COVID-19 Charitable Contribution Deduction Relief

In general, prior to 2020, one who donated cash or property to charitable organizations could claim a tax deduction only if the donor itemized deductions in determining his or her tax liability. Further, deductions for donations…more

Charitable Donations, Charitable Organizations, Coronavirus/COVID-19, Tax Deductions

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April 15, 2024: Deadline for up to 100% Property Tax Abatement—M-CORE Program

In 2023, the New York City Industrial Development Agency (NYCIDA), in partnership with the New York City Economic Development Corporation (NYCEDC), introduced a new tax incentive program known as the Manhattan Commercial…more

City of New York, Community Development, Construction Project, Industrial Space, Infrastructure

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The Rise of Telehealth for Mental Health Care: What’s Covered?

Commercials, news articles and targeted social media advertisements abound offering virtual mental health services from providers like Talkspace and Calm. These startups are just a few of the many companies offering telehealth…more

Coronavirus/COVID-19, Health Care Providers, Health Insurance, Health Technology, Infectious Diseases

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Post-Facebook v. Duguid Litigation Roundup (UPDATED)

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an…more

ATDS, Auto-Dialed Calls, Corporate Counsel, Facebook Inc v Duguid, Robocalling

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Before the Storm: Anticipating the Wave of Federal Investigations Following COVID-19

In the early weeks of the COVID-19 public health crisis, the federal government prioritized a swift response to the economic impact of the novel coronavirus, including several pieces of legislation that sought to infuse cash…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Corporate Governance, Department of Justice (DOJ)

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National Roadmap on State-Level Efforts to End the Drug Overdose Epidemic

Editor’s Note: The American Medical Association (AMA) and Manatt Health released a national roadmap in September 2019 to guide policymakers in taking action to help end the nation’s opioid epidemic. Based largely on in-depth…more

American Medical Association, Coronavirus/COVID-19, Drug Treatment, Health Care Providers, Medicaid

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TRIALS AND TRIBULATIONS: How to Remove Barriers Blocking Cancer Patients From Clinical Trials and Advance the Next Generation of Treatment

EXECUTIVE SUMMARY - Clinical trials are a lifesaving option for many cancer patients. But too many patients face barriers preventing access to this critical treatment. Everyone suffers when patients cannot access clinical…more

Cancer, Clinical Trials, Healthcare, Life Sciences, Medical Research

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[Webinar] Final Medicaid Rules, Part One: Access, Enrollee Engagement and Provider Payment Transparency - May 14th, 12:00 pm - 1:00 pm PT

This program is part one of Manatt’s New Federal Rules on Medicaid Access and Managed Care webinar series. After releasing sweeping proposed rules on Medicaid access and managed care in spring 2023, the Centers for Medicare…more

Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Final Rules, Health Care Providers, Home and Community Based Services (HCBS)

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Balancing New Federal & State Cyber Reporting Rules on Health Care & Financial Services Industries

Balancing cybersecurity incident disclosures has been a challenge for those in the trenches for years. That has not changed, and recent regulatory activity should not alter the challenges breach counsel confront. In short,…more

Cybersecurity, Data Breach, Data Protection, Federal Breach Notification Standard, Financial Institutions

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New York Health Act: Summarizing the Proposed Single-Payer Bill

Editor’s Note: The proposed New York Health Act, which would establish a single-payer healthcare system for New York State, has been the focus of substantially more serious consideration following the midterm elections and the…more

Health Care Providers, Health Insurance, Healthcare Reform, Medicaid, Medicare

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COVID-19: The Road Ahead for Commercial Health Insurance—Q&A

Federal and state actions related to commercial health insurance are already underway—and healthcare stakeholders and state regulators will have to manage a rising tide of emerging developments and new regulations in the coming…more

COBRA, Commercial Insurance Policies, Coronavirus/COVID-19, Families First Coronavirus Response Act (FFCRA), Financial Services Industry

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Accessing Cell and Gene Therapies: Insights on Coverage, Reimbursement and Emerging Models

Editor’s Note: In a new white paper, summarized below, Manatt Health discusses emerging reimbursement models for cell and gene therapies. The paper provides an overview of current Medicaid, Medicare and commercial coverage,…more

Centers for Medicare & Medicaid Services (CMS), DNA, Food and Drug Administration (FDA), Genetic Materials, Health Insurance

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California Releases “Employer Playbook for a Safe Reopening”

On Monday, August 3, 2020, Governor Gavin Newsom released the Employer Playbook for a Safe Reopening to help employers “plan and prepare for reopening” businesses. The Playbook provides information on how the Newsom…more

Cal-OSHA, Coronavirus/COVID-19, Executive Orders, Governor Newsom, OSHA

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[Webinar] Benefiting from COVID-19 Lending Programs: A Practical Guide for Healthcare Organizations - April 20th, 2:00 pm - 3:00 pm ET

Learn How Healthcare Entities Can Access the Federal Loans Available to Support Businesses Through the Financial Challenges of COVID-19—Including the Paycheck Protection Program, Main Street Lending Program and EIDL Program—at a…more

CARES Act, Coronavirus/COVID-19, Economic Injury Disaster Loans, Health Care Providers, Healthcare

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New Montana Medicaid Report Shows Impact of Continuous Enrollment in Medicaid Expansion

In February 2023, the Montana Healthcare Foundation released the third annual Medicaid in Montana report on the state’s Medicaid program and its impact on the state budget, economy and health. This year’s report highlights the…more

Health Care Providers, Medicaid, Medicaid Expansion, Telehealth

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FFCRA Leave Tax Credits Extended, but Protected Leave Rights Set to Expire in 2020

On Sunday, December 27, 2020, President Trump signed the latest round of COVID-19 legislation, the 5,500-page Consolidated Appropriations Act, 2021 (the Act). The Act, which was passed by Congress on December 21, updates the tax…more

Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Employer Liability Issues, Extensions, Families First Coronavirus Response Act (FFCRA)

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FinCEN Provides Guidance On Cryptocurrency

The Financial Crimes Enforcement Network (FinCEN) has released new guidance on cryptocurrency, an attempt to “provide regulatory certainty for businesses and individuals” engaged in the burgeoning field of financial activity…more

Bank Secrecy Act, Convertible Virtual Currencies (CVCs), Cryptocurrency, Financial Institutions, FinCEN

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Congress Includes Medicare, Medicaid and Other Health Policies in Omnibus FY 2022 Spending Bill

After weeks of negotiations and months of temporary stopgap funding bills since the federal fiscal year started in October 2021, on Tuesday, the President signed the Consolidated Appropriations Act, 2022, an omnibus funding bill…more

Biden Administration, Controlled Substances, Federal Funding, Health Insurance, Healthcare

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Real Estate and Land Use - August 2016

Court of Appeal Holds EIR Inadequately Analyzed Energy Impacts - Ukiah Citizens for Safety First v. City of Ukiah et al. (248 Cal.App.4th 256) (partially published) - Why It Matters: The California Court of Appeal…more

Addendums, Agency Deference, Appeals, Building Permits, CEQA

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Working With Community Care Hubs to Address Social Drivers of Health (UPDATED)

Health and well-being require far more than medical care. Research shows that personal behaviors, physical environments and socioeconomic factors—commonly referred to as social drivers of health (SDOH)—are responsible for 80…more

Department of Health and Human Services (HHS), Health Care Providers, Healthcare Workers, Medicaid

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FDIC Proposes Corporate Governance and Risk Management Standards for Select Institutions

In a significant development for state nonmember banks with assets of at least $10 billion (Covered Institutions), the Federal Deposit Insurance Corporation (FDIC) has recently proposed comprehensive corporate governance and…more

Banks, Board of Directors, Corporate Culture, Corporate Governance, Covered Financial Institutions

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When California Minors Need Mental Health Treatment, Who Can Consent, and to What?

Increasing mental health care needs for minors present a range of legal issues for children, parents, health care providers and health care payors. While state laws typically govern who has the power to consent to or refuse…more

Consent, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA), Healthcare Reform, Medical Records

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DOJ Announces Revised Policies for Awarding Cooperation Credit

On November 29, 2018, Deputy Attorney General Rod Rosenstein announced revisions to U.S. Department of Justice (DOJ) policies that expand prosecutors’ discretion in awarding cooperation credit to companies facing criminal or…more

Cooperation, Corporate Investigations, Criminal Investigations, Department of Justice (DOJ)

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Leveraging Medicaid to Support Children and Youth Living With Complex Behavioral Health Needs

Editor’s Note: In a new report prepared for The Commonwealth Fund, Manatt Health and its co-authors provide an actionable framework and strategies for how state-level policymakers can use Medicaid and the Children’s Health…more

Children's Health Insurance Program (CHIP), Coronavirus/COVID-19, Diagnostic Tests, Health Care Providers, Health Insurance

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Medicare Part D Out-of-Pocket Caps and Enrollee Spending

High out-of-pocket costs can be a significant barrier to access for Part D enrollees, especially for non-low-income subsidy (LIS) enrollees with a condition that requires an expensive specialty drug for treatment. The 2019 Part…more

Drug Pricing, Medicare, Medicare Part D, Out-of-Pocket Expenses

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State Supreme Court Decisions Severely Restrict Access to Abortion in Arizona and Florida

In the aftermath of the Supreme Court’s decision to overturn the federal constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, individual states continue to decide the legality of abortion on a…more

Abortion, Arizona, AZ Supreme Court, Constitutional Challenges, Dobbs v. Jackson Women’s Health Organization

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[Webinar] Building Effective Health Care Partnerships: A Joint Venture Primer - November 3rd, 12:00 pm - 1:00 pm ET

A New Manatt Health Webinar Gives You a Step-by-Step Guide to Creating Joint Ventures That Drive Growth, Optimize Profits and Improve the Patient Experience. Joint ventures are becoming a mission-critical strategy for an…more

Best Practices, Business Assets, Business Development, Business Model, Continuing Legal Education

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Retail and Consumer Products Law Roundup - October 2019

Supreme Court Declines to Weigh In on Website Accessibility - In a closely watched case that many hoped would bring some clarity—and sanity—to the subject of website accessibility under the Americans with Disabilities Act,…more

ABC Test, Americans with Disabilities Act (ADA), Ballot Measures, California Consumer Privacy Act (CCPA), Class Action

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FY 2025 Executive Budget Women’s Health Highlights

Earlier this week, Governor Kathy Hochul released her Executive Budget proposal totaling $233 billion for State Fiscal Year 2025. The budget proposes several initiatives targeted at improving access to, quality of, and…more

Abortion, Employee Benefits, Employees, Family Planning Clinics, Gender Identity

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Enhancing Access to Medicaid Family Planning Program Services: State-Level Best Practices

Editor’s Note: In a new issue brief prepared with the support of Arnold Ventures, Manatt Health shares an array of best practice strategies in place across the nation to serve as an actionable road map for states that might be…more

Best Practices, Family Planning Clinics, Health Care Providers, Health Insurance, Health Insurance Portability and Accountability Act (HIPAA)

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FDA Issues Final Guidance on the Safer Technologies Program (STeP) for Medical Devices

On January 6 of this year, the Food and Drug Administration (FDA) released a final guidance on the Safer Technologies Program (STeP) for Medical Devices. The concept of STeP was first introduced by FDA in 2018 with the goal of…more

Clinical Trials, Final Guidance, Food and Drug Administration (FDA), Manufacturers, Medical Devices

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Increasing Community Health Workers’ Role in Supporting Medicaid Members

Community health workers (CHWs) are frontline public health workers who come from and/or have deep roots in the communities they serve. Many states are leveraging CHWs to build trusting relationships with patients, including…more

Health Care Providers, Health Insurance, Healthcare, Healthcare Reform, Healthcare Workers

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CFPB Revises Supervisory Appeals Process

On February 16, 2024, the Consumer Financial Protection Bureau (CFPB) issued a procedural rule revising its supervisory appeals process for the first time since 2015. This Rule makes several important changes..…more

Appeals, Banks, Consumer Financial Protection Bureau (CFPB), Financial Institutions, Financial Services Industry

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Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19 - December 2021

As the COVID-19 pandemic continues across the United States, states, payers, and providers are looking for ways to expand access to telehealth servic es. Telehealth is an essential tool in ensuring patients are able to access…more

American Rescue Plan Act of 2021, Centers for Medicare & Medicaid Services (CMS), Children's Health Insurance Program (CHIP), Coronavirus/COVID-19, Department of Health and Human Services (HHS)

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Force Majeure and Other Excuses for Contractual Nonperformance in the Coronavirus Age: A Primer

From boardrooms to stockrooms, companies of all shapes and sizes around the country are grappling with COVID-19 and the “new normal.” Federal, state and local restrictions on commerce, travel and our very freedom of movement…more

Business Interruption, Contract Terms, Coronavirus/COVID-19, Force Majeure Clause, Performance Standards

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Prenatal Vaccines in Medicaid and CHIP: Coverage, Reimbursement and State Policy Solutions

Editor’s Note: In a new white paper funded by Pfizer, Inc., Manatt Health discusses the current landscape of Medicaid and Children’s Health Insurance Program (CHIP) coverage and reimbursement for prenatal vaccines, informed by a…more

Centers for Disease Control and Prevention (CDC), Children's Health Insurance Program (CHIP), FQHC, Health Care Providers, Health Insurance

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Sustaining Telehealth Success: Integration Imperatives and Best Practices for Advancing Telehealth in Academic Health Systems

The COVID-19 pandemic has dramatically and permanently altered the telehealth landscape for teaching hospitals, also known as academic medical centers (AMCs). While many AMCs had begun to offer telehealth services before the…more

Health Care Providers, Medical Research, Patient Access, Teaching Hospitals, Telehealth

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Give Us A Break: California Ups The Ante On Meal Period Violations

On February 25, 2021, the California Supreme Court issued its opinion in Donohue v. AMN Services, LLC, holding that (1) employers cannot round time punches in the meal period context, and (2) time records showing noncompliant…more

CA Supreme Court, Employer Liability Issues, Employment Policies, On-Duty Meal Period Waivers, Rebuttable Presumptions

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What’s Next: Opportunities in Infrastructure Now That a First Step Has Been Taken

On June 24, 2021, following months of negotiations, President Biden and Vice President Harris announced their support for a $1.2 trillion bipartisan framework for infrastructure investment. The $1.2 trillion plan calls for $579…more

Biden Administration, Bipartisan Agreement, Broadband, Clean Energy, Climate Change

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[Webinar] Final Medicaid Rules, Part Three: Home and Community Based Services - June 4th, 10:00 am - 11:00 am PT

This program is part three of Manatt’s New Federal Rules on Medicaid Access and Managed Care webinar series. After releasing sweeping proposed rules on Medicaid access and managed care in spring 2023, the Centers for Medicare…more

Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Final Rules, Health Care Providers, Home and Community Based Services (HCBS)

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Missouri Jury Finds Realtors Liable for $1.78 Billion in Commission Fees

On October 31, 2023, a federal jury in the Western District of Missouri found that the National Association of Realtors (NAR) and multiple other real estate brokerages violated antitrust laws by conspiring to inflate the broker…more

Antitrust Provisions, Antitrust Violations, Broker Commissions, Class Action, Damages

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Reverse Stock Splits and Increases in Authorized Shares Will Become Easier under Delaware Law

On July 17, 2023, the Governor of the state of Delaware signed Senate Bill 114 amending the General Corporation Law of the State of Delaware (DGCL), which will become effective on August 1, 2023. Among other things, the…more

Capital Markets, Delaware, Delaware General Corporation Law, Nasdaq, NYSE

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CMS Approves WA’s 1115 Waiver with Health-Related Social Needs & Justice-Involved Initiatives

On June 30, 2023, the Centers for Medicare & Medicaid Services (CMS) approved Washington’s five-year Section 1115 demonstration renewal, the Medicaid Transformation Project 2.0 (MTP 2.0 or Demonstration). Through its renewed and…more

1115 Waivers, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Health Insurance, Healthcare

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2019 Financial Services M&A and Capital Markets Year in Review

Although it was very quiet on the western front (in particular, in California), 2019 was generally a solid year for banks pursuing merger and acquisition opportunities and accessing the capital markets. Some forthcoming…more

Acquisitions, Banking Sector, Capital Markets, Credit Unions, Financial Institutions

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Manatt on Health: July 2017

BCRA Implications: Affordability of Coverage - In making the case for repealing and replacing the Affordable Care Act (ACA), the president and congressional leadership have cited “rising premiums,” “unaffordable deductibles”…more

Affordable Care Act, American Health Care Act (AHCA), Centers for Medicare & Medicaid Services (CMS), Health Insurance, Healthcare Reform

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

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

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

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Fresh Off the Grill: No-Poach Agreements May Lead to Per Se Antitrust Liability, Says 7th Circuit

Introduction - No-poach agreements, wherein companies agree not to solicit or hire employees away from a competitor, have been targeted by the White House, the Federal Trade Commission (FTC) and the Antitrust Division. Although…more

Antitrust Division, Antitrust Provisions, Antitrust Violations, Corporate Counsel, Department of Justice (DOJ)

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Insider Cyber Threats From Outside the Office

Insider threats continue to be pervasive and real. Last month’s indictment of a Russian national accused of conspiring to recruit a U.S. company’s employee to carry out a cyberattack is a sharp reminder of that. According to…more

Cyber Attacks, Cyber Crimes, Cyber Threats, Cybersecurity, Data Breach

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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

Abbreviated New Drug Application (ANDA), Anti-Steering Rules, Antitrust Provisions, Artificial Intelligence, Big Data

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Executive Summary: New York State Fiscal Year 2024-2025 Budget

On January 16, New York Governor Kathy Hochul released her State Fiscal Year (SFY) 2024-25 Executive Budget, her third since assuming office in August 2021. Addresses by Governor Hochul and Budget Director Blake Washington…more

Conservation, Economic Development, Environmental Policies, Healthcare, Mental Health

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Prop 19 to Significantly Restrict Family Transfer Exclusion From Property Tax Reassessment

On November 3, 2020, California voters approved Prop 19, which will make several changes to the state’s property tax laws. Among these changes are new restrictions on the applicability of the parent–child/grandparent–grandchild…more

Property Owners, Property Tax, Property Valuation, Reassessments, Tax Assessment

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ERISA Reprocessing Class Actions: Circuit Courts Should Address Flaws

In an increasing number of cases, courts have used Federal Rule of Civil Procedure 23(b)(2) to certify classes seeking injunctive and declaratory relief that includes, among other things, an injunction ordering the defendant to…more

Declaratory Rulings, Employee Retirement Income Security Act (ERISA), Federal Rules of Civil Procedure, FRCP 23

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Centering Health Equity in Medicaid: Section 1115 Demonstration Strategies

Longstanding structural racism and related health inequities experienced by people of color further laid bare by the COVID-19 pandemic have mobilized leadership in many states to take action on health equity. Structural racism…more

1115 Waivers, Disparate Impact, Disparate Treatment, Equity Claims, Health Insurance

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Need-to-Know Developments in Compliance, Investigations and White Collar Defense

We hope this alert finds you, your families and your colleagues healthy and safe in these challenging times. The professionals in Manatt’s investigations, compliance, strategic response and white collar defense practices stand…more

CARES Act, Coronavirus/COVID-19, Defense Strategies, Government Investigations, White Collar Crimes

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Specialty Value Based Care: A 2024 Checklist for Survival and Success

2023 was a difficult year for specialty value based care start-ups. Revenue fell below expectations, engagement lagged and many start-ups struggled. Health system work in this arena was modest despite a critical mass of systems…more

CMMI, Critical Infrastructure Sectors, Health Care Providers, Health Insurance, Healthcare

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[Webinar] Protecting Hospitals From Cyberattacks: New York’s Trailblazing Cybersecurity Requirements - January 30th, 1:00 pm - 2:00 pm ET

Hospitals, health systems and providers are targets of cyberattacks at an alarming rate, putting patient data, electronic infrastructure and, most importantly, patient lives at risk. The Department of Health and Human Services’…more

Continuing Legal Education, Cyber Attacks, Cyber Threats, Cybersecurity, Data Breach

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Key Takeaways From the Masterpiece Cakeshop Decision

On June 4, 2018, the Supreme Court issued its opinion in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Case No. 16-111. The case addresses the conflict between the right to be free from discrimination and the…more

Administrative Agencies, Anti-Discrimination Policies, Free Exercise Clause, Free Speech, LGBTQ

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[Webinar] Innovating Digitally Enabled Home-Based Care: Promoting Longer, Healthier Living - November 1st, 1:00 pm - 2:00 pm ET

Join Manatt for the Second of Our Imperatives Deep-Dive Sessions on the Topics You Voted Most Important to You. Strengthening our nation’s long-term care system is a pressing societal issue as growing numbers of older…more

Caregivers, Coronavirus/COVID-19, Digital Health, Elder Care, Elder Issues

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Insurance Won’t Cover Disgorgement Payment, NY Appellate Court Rules

Applying a U.S. Supreme Court decision in the context of insurance coverage for a bank, a New York appellate court ruled that the amounts paid to the Securities and Exchange Commission (SEC) as disgorgement under a cease and…more

Banking Sector, Cease and Desist Orders, Disgorgement, Financial Services Industry, Insurance Industry

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What the Hospital-at-Home Movement Tells Us About Igniting Innovation in Health Care

Editor’s Note: In a recent op ed first published in STAT’s First Opinion, James Rebitzer and Robert Rebitzer—coauthors of the new book Why Not Better and Cheaper? Healthcare and Innovation—discuss the innovative…more

Centers for Medicare & Medicaid Services (CMS), Coronavirus/COVID-19, Health Care Providers, Health Information Technologies, Healthcare

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Proposed Tax Legislation Could Significantly Impact Your Estate Plan

Recent news stories have been published about two bills introduced in the Senate that, if enacted, could have a significant impact on many estate plans. These bills include proposed changes that many estate planning…more

Beneficiary Designations, Estate Planning, Estate Tax, Estate-Tax Exemption, Generation-Skipping Transfer

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First NCAA NIL-Related Enforcement Resolution Signals What’s to Come

The NCAA issued a strong signal Friday on how NIL and recruitment-related violations will be investigated and sanctioned in the “NIL era.” Going forward, expect that (i) the new rebuttable presumption of guilt standard set forth…more

College Athletes, Colleges, Name and Likeness, NCAA, Student Athletes

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Centering Health Equity in Medicaid: Section 1115 Demonstration Strategies

Longstanding structural racism and related health inequities experienced by people of color further laid bare by the COVID-19 pandemic have mobilized leadership in many states to take action on health equity. Structural racism…more

1115 Waivers, Disparate Impact, Disparate Treatment, Equity Claims, Health Insurance

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Further Guidance from FTC and DOJ “Reinforces” Parties’ Obligations to Preserve Ephemeral Messages

On January 26, 2024, the United States Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) jointly issued new guidance making clear that common collaboration tools and ephemeral messaging…more

Antitrust Division, Compliance Management Systems, Data Preservation, Department of Justice (DOJ), Electronic Communications

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Georgia Supremes Debate Bank Director Liability

May bank directors and officers be held jointly and severally liable for negligence in a tort action challenging their decision making process?…more

Banks, Directors, FDIC, GA Supreme Court

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Transfers of EU Personal Information Under a No-Deal Brexit Scenario

March 29, 2019, less than 30 days from now, is the date the United Kingdom is scheduled to leave the European Union. Despite more than two years of negotiations over the nature of the relationship that will exist from March 30…more

Corporate Counsel, Data Protection, EU, General Data Protection Regulation (GDPR), Member State

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A New Proposal for a Federal Privacy Law is Here: What You Should Know about APRA

Earlier this week, the House Committee on Energy and Commerce Chair Cathy McMorris Rodgers (R-WA) and Senate Committee on Commerce, Science and Transportation Chair Maria Cantwell (D-WA) released a discussion draft of the…more

Artificial Intelligence, Consumer Privacy Rights, Data Collection, Data Privacy, Data Security

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CMS Restricts Marketing Companies From Sharing Medicare Beneficiary Data

Half of Medicare beneficiaries are enrolled in Medicare Advantage (MA) plans. This extensive growth, which represents a doubling of MA enrollment since 2010, has been driven in part by an extensive network of insurance agents…more

Centers for Medicare & Medicaid Services (CMS), Data Privacy, Data-Sharing, Health Insurance, Health Insurance Portability and Accountability Act (HIPAA)

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CFPB Issues Final Rule on Small Business Data Collection

On March 30, the Consumer Financial Protection Bureau (CFPB) issued its long-awaited final rule to implement Section 1071 of the Dodd-Frank Act. Section 1071 amended the Equal Credit Opportunity Act to require lenders to collect…more

Consumer Financial Protection Bureau (CFPB), Data Collection, Dodd-Frank, Final Rules, Financial Services Industry

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Fintech Year in Review—2020

As we prepare to put 2020 in the rearview mirror, many of us will not have fond memories of the year. Quarantines, masks, social distancing, unspeakable tragedy, economic ruin for some industries. But the fintech world proved it…more

Banking Sector, Blockchain, Cryptocurrency, FDIC, Financial Institutions

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[Webinar] New Medicaid Options to Provide Housing Services: Realizing the Potential - March 28th, 1:00 pm - 2:00 pm ET

Medicaid’s role in addressing housing insecurity and homelessness is rapidly evolving, with many states taking advantage of new federal flexibilities to provide housing and housing-related services to enrollees whose health…more

Collaboration, Homeless Issues, Low-Income Issues, Medicaid, New Guidance

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COVID-19 Vaccinations: Myths and Facts

There is widespread agreement that vaccinations provide our greatest chance of defeating COVID-19. Numerous myths about the vaccine, however, could raise unfounded fears and hamper rollout efforts. Employers face additional…more

Coronavirus/COVID-19, Employer Liability Issues, Employment Policies, Food and Drug Administration (FDA), Health and Safety

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[Webinar] Mental Health Parity Update 2024: The Latest Regulatory and Litigation Trends - March 26th, 1:00 pm - 2:00 pm ET

The Mental Health Parity and Addiction Equity Act (MHPAEA) requires health plans and insurers to offer mental health coverage in “parity” with a plan’s medical or surgical coverage. In 2024, as the post-COVID era brings a…more

Class Action, Continuing Legal Education, Department of Health and Human Services (HHS), Department of Labor (DOL), Employee Retirement Income Security Act (ERISA)

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[Webinar] Automatic Renewal Laws: Everything to Know About the Surge in Litigation and Regulatory Enforcement - April 18th, 11:00 am - 12:00 pm PT

Automatic Renewal Laws (ARLs)—statutes governing continuity programs and automatically renewing contracts—have proliferated throughout the United States since 2010. Companies that offer automatic renewal programs face an…more

Amended Legislation, Arbitration Agreements, Auto-Renewal, Automatic Renewals, Best Practices

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[Webinar] Employer Uncertainty Post-Dobbs - November 29th, 10:00 am - 11:00 am PT

Five months after the Supreme Court’s Dobbs decision, employers across the country are still wrestling with the unknown consequences and risks of doing something or nothing to help their employees located in states where the…more

Abortion, Civil Liability, Continuing Legal Education, Criminal Liability, Dobbs v. Jackson Women’s Health Organization

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Leveraging Medicaid to Support Children and Youth Living With Complex Behavioral Health Needs

Editor’s Note: In a new report prepared for The Commonwealth Fund, Manatt Health and its co-authors provide an actionable framework and strategies for how state-level policymakers can use Medicaid and the Children’s Health…more

Children's Health Insurance Program (CHIP), Coronavirus/COVID-19, Diagnostic Tests, Health Care Providers, Health Insurance

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Retail and Consumer Products Law Roundup - February 2018

DOJ Expands Opioid Enforcement Efforts Using Data Analytics - On Jan. 30, 2018, Attorney General Jeff Sessions announced that over the next 45 days, as part of its continued increase in opioid-related enforcement, the Drug…more

Americans with Disabilities Act (ADA), Constitutional Challenges, Cybersecurity, Data Breach, Department of Justice (DOJ)

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[Webinar] Bridging Public Health and Managed Care: A Collaborative Approach to Community Health Assessments - March 21st, 1:00 pm - 2:00 pm ET

In the United States, public health and health care delivery have largely taken different and siloed approaches, with health care focused on the treatment of individuals and public health centered on the total population within…more

California, Collaboration, Community Health Systems, Health Care Providers, Healthcare Facilities

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Post-Facebook v. Duguid Litigation Roundup December 2023

As part of Manatt’s continuing monthly coverage of the aftermath of  Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an…more

ATDS, Auto-Dialed Calls, Facebook Inc v Duguid, Popular, Robocalling

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HHS Announces Medicaid and Medicare Flexibilities, Investigations post-Change Healthcare Cyberattack

Since becoming aware of the cyberattack on Change Healthcare in late February, the Centers for Medicare & Medicaid Services (CMS) has announced a number of flexibilities to support affected providers that have experienced…more

Centers for Medicare & Medicaid Services (CMS), Cybersecurity, Department of Health and Human Services (HHS), Health Care Providers, Healthcare Facilities

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[Webinar] The New Interoperability Framework: Challenges, Strategies and Best Practices - March 2nd, 2:00 pm - 3:00 pm ET

What New Obligations Do Health Plans and States Face Under the Latest Interoperability Requirements—and What’s the Best Path to Compliance? Learn the Answer at a New Manatt Webinar. Historically, privacy rules have focused on…more

Best Practices, Centers for Medicare & Medicaid Services (CMS), Continuing Legal Education, Data Privacy, Data-Sharing

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[Webinar] The Litigation Trends Transforming Health Care: ‘Must-Watch’ Cases and Issues in 2023 and Beyond - April 26th, 1:00 pm - 2:00 pm ET

A multitude of forces are converging to remap our health care landscape—from the impact of the Dobbs decision to the controversies around transgender rights to the uncertainty around telehealth coverage as the COVID-19 public…more

Anti-Kickback Statute, Continuing Legal Education, Dobbs v. Jackson Women’s Health Organization, False Claims Act (FCA), Freedom of Religion

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Understanding the New CMMI GUIDE Model

The CMS Center for Medicare and Medicaid Innovation (CMMI) is launching a new Alternative Payment Model (APM) focused on Dementia Care: The GUIDE model. It will launch in July 2024 and run for eight years. More details will be…more

Alternative Payment Models (APM), Centers for Medicare & Medicaid Services (CMS), CMMI, Dementia, Health Insurance

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Governor Newsom’s May Budget Proposal Urges Fiscal Prudence in Uncertain Times

California Governor Gavin Newsom has unveiled his May Revision to his January $297 billion spending proposal for FY2023-24. His new proposal totals $307 billion and addresses a projected $31.5 billion deficit, a $9 billion…more

California, Climate Change, Healthcare, Homeless Issues, Infrastructure

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Intellectual Property Law - September 2017

Looking Through an IP Lens at Blockchain and Cryptocurrency - Why it matters: With headline news ranging from J.P. Morgan CEO Jamie Dimon and Russian President Vladimir Putin to the Winklevoss twins and Floyd “Money”…more

Artificial Intelligence, Blockchain, Copyright, Cryptocurrency, Defend Trade Secrets Act (DTSA)

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California Supreme Court: Workers Compelled to Arbitration May Still Pursue PAGA Claims in Court

In a highly anticipated ruling, the California Supreme Court has held that employees may still have standing to sue for Labor Code violations in a representative capacity, even when their individual claims have been compelled to…more

Arbitration, Arbitration Agreements, Article III, CA Supreme Court, California

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Fact Sheet: Policy Opportunities to Expand Equitable Access to Telehealth across New York State

Background - Telehealth utilization spiked during the COVID-19 pandemic, facilitated by state and federal policy change through the COVID-19 public health emergency (PHE) declaration. Use has tapered off from the height of…more

Coronavirus/COVID-19, Health Care Providers, Health Insurance, Healthcare, Healthcare Facilities

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CFPB Revises Supervisory Appeals Process

On February 16, 2024, the Consumer Financial Protection Bureau (CFPB) issued a procedural rule revising its supervisory appeals process for the first time since 2015. This Rule makes several important changes..…more

Appeals, Banks, Consumer Financial Protection Bureau (CFPB), Financial Institutions, Financial Services Industry

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OCC Proposes Rule to Define the ‘True Lender’

On the heels of finalizing its Madden-fix rule, the Office of the Comptroller of the Currency (OCC) on July 20, 2020, issued a proposed regulation to address bank-partnership uncertainty arising from the so-called true lender…more

Consumer Financial Products, Consumer Protection Laws, FDIC, Financial Institutions, Financial Regulatory Reform

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California’s Valentine’s Day Surprise: Chocolates, Flowers and . . . Noncompete Notices?

While you’re making reservations and buying flowers for Valentine’s Day, don’t forget to check your company’s confidentiality, non-solicitation and noncompete agreements for violations of California law…more

California, Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing

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SEC Adopts New Private Fund Adviser Rules

On August 23, 2023, a divided U.S. Securities and Exchange Commission (SEC) issued new rules (the Rules) relating to the regulation of private fund advisers. The Rules aim to help protect investors in private funds (including…more

Financial Services Industry, Investment, Investment Adviser, Investors, Marketing

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Improving Access to Care for Pregnant and Postpartum People with Opioid Use Disorder: Recommendations for Policymakers

Introduction - Over the past several years, the American Medical Association (AMA) and Manatt Health have partnered on recommendations that inform policymakers of best practices to eliminate barriers to care for opioid…more

American Medical Association, Healthcare, Opioid, Pain Management, Patient Access

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Strengthening the No Surprises Act’s Independent Dispute Resolution Process: Stakeholder Perspectives

Executive Summary - This project was designed to collect a broad range of perspectives from stakeholders and the literature to (1) understand the current state of the implementation of the Independent Dispute Resolution…more

Arbitration, Fee Disputes, Health Care Providers, Health Insurance, Healthcare

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State Supreme Court Decisions Severely Restrict Access to Abortion in Arizona and Florida

In the aftermath of the Supreme Court’s decision to overturn the federal constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, individual states continue to decide the legality of abortion on a…more

Abortion, Arizona, AZ Supreme Court, Constitutional Challenges, Dobbs v. Jackson Women’s Health Organization

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Bots Beware: Website Chat Bots Become Latest Target for California Class Actions

California class action lawyers have turned their sights on a new target: websites that employ “chat bots,” digital assistants that allow companies to communicate with customers without employing live website customer service…more

California Consumer Privacy Act (CCPA), Class Action, Data Privacy, Data Protection, Invasion of Privacy

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CMS Approves Montana’s Reentry Services, Contingency Management, and Tenancy Supports 1115 Waiver

On February 26, 2024, Montana received Centers for Medicare and Medicaid Services (CMS) approval to provide contingency management, tenancy supports, and Reentry Initiative services under its Section 1115 Healing and Ending…more

1115 Waivers, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Health Insurance, Healthcare

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HHS Proposes New Rule to Align “Part 2” SUD Provider Confidentiality with HIPAA Privacy Standards

The Big Picture - On November 28, the Department of Health and Human Services (HHS), through the Office for Civil Rights (OCR) and the Substance Abuse and Mental Health Services Administration (SAMHSA), released a proposed…more

CARES Act, Data Privacy, Department of Health and Human Services (HHS), Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA)

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Retail and Consumer Products Law Roundup - October 2019

Supreme Court Declines to Weigh In on Website Accessibility - In a closely watched case that many hoped would bring some clarity—and sanity—to the subject of website accessibility under the Americans with Disabilities Act,…more

ABC Test, Americans with Disabilities Act (ADA), Ballot Measures, California Consumer Privacy Act (CCPA), Class Action

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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, Federal Trade Commission (FTC)

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California Supreme Court: Workers Compelled to Arbitration May Still Pursue PAGA Claims in Court

In a highly anticipated ruling, the California Supreme Court has held that employees may still have standing to sue for Labor Code violations in a representative capacity, even when their individual claims have been compelled to…more

Arbitration, Arbitration Agreements, Article III, CA Supreme Court, California

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Key Takeaways From the Natarajan v. Dignity Health Decision

On August 12, 2021, the California Supreme Court issued its opinion in Natarajan v. Dignity Health, No. S259364. The case addresses the potential bias of hearing officers appointed to preside over hospital administrative…more

Administrative Proceedings, Bias, CA Supreme Court, Disciplinary Proceedings, Hospitals

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Congress Revisits Longstanding Debate Over FDA Regulation of Lab-Developed Tests

On March 21, 2024, the Health Subcommittee of the House Energy & Commerce Committee held a hearing titled “Evaluating Approaches to Diagnostic Test Regulation and the Impact of the FDA’s Proposed Rule.” In the wake of repeated…more

Clinical Laboratories, Diagnostic Tests, Federal Food Drug and Cosmetic Act (FFDCA), Food & Drug Regulations, Food and Drug Administration (FDA)

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New York State Budget Update: Joint Legislative Public Hearing on Health, Medicaid

On February 25, 2021, the New York State Assembly and New York State Senate convened their annual Health and Medicaid hearing on the proposed Executive Budget, which was previously scheduled to take place February 5, 2021. The…more

Coronavirus/COVID-19, Health Care Providers, Legislative Agendas, Medicaid, New York

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[Ongoing Program] Never ‘Met a Verse’ I Didn’t Like: Prospering and Capturing Opportunities in Web3 - April 7th, 12:00 pm - 12:30 pm PT

Join an interdisciplinary panel of Manatt professionals for the second of a three-part webinar series on the metaverse and the dawn of the Web3 era. This program will provide a closer look at how companies can engage in the…more

Blockchain, Business Opportunities, Continuing Legal Education, Financing, Investment

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Experiential Entertainment: Insider Insights

From live events to escape rooms to popup brand activations, out-of-home entertainment experiences have seen significant growth in attendance and interest in recent years, thanks in part to social media and our always-connected…more

Digital Media, Entertainment Industry

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CMMI's Transforming Maternal Health Model: Considerations for State Medicaid Agencies

On December 15, 2023, the CMS Innovation Center (CMMI) announced a new voluntary model for state Medicaid agencies called Transforming Maternal Health (TMaH). TMaH was developed in response to the profound maternal morbidity and…more

Centers for Medicare & Medicaid Services (CMS), CMMI, Health Care Providers, Health Insurance, Healthcare

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CMS Weighs in on the Use of Algorithms and Artificial Intelligence in Coverage Determinations

Apparently in light of recent litigation against Medicare Advantage (MA) plans, on February 6, 2024, CMS published responses to frequently asked questions (FAQs) regarding the use of algorithms and artificial intelligence in…more

Algorithms, Artificial Intelligence, Centers for Medicare & Medicaid Services (CMS), Discrimination, Disparate Impact

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County Recorder Office Closures

Increasingly severe limitations on public gatherings and other measures to contain the spread of COVID-19 have disrupted essential recording services in the real estate industry. Closures of certain county recorder offices…more

Coronavirus/COVID-19, Office Closures

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The Risks of False Advertising When Raising Capital in the Age of COVID-19

“Fraudsters often seek to use national crises and periods of uncertainty to lure investors into scams. They may play off investors’ hopes and fears, as well as their charity and kindness, and may try to exploit confusion or…more

Advertising, Coronavirus/COVID-19, Department of Justice (DOJ), False Advertising, Federal Trade Commission (FTC)

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There’s Nothing Weak About the SEC’s “Weakened” Climate Disclosure Mandate

The Securities and Exchange Commission (SEC) released its long-awaited climate disclosure mandate for publicly traded companies (Final Rule). While significant portions of the proposed rule have been scaled back or outright…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

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Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19

Florida passed S.B. 7016, which: Expands the telehealth minority maternity care program from a pilot to a statewide program…more

Health Care Providers, Health Insurance, Healthcare, Healthcare Reform, Patient Access

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[Webinar] Final Medicaid Rules, Part One: Access, Enrollee Engagement and Provider Payment Transparency - May 14th, 12:00 pm - 1:00 pm PT

This program is part one of Manatt’s New Federal Rules on Medicaid Access and Managed Care webinar series. After releasing sweeping proposed rules on Medicaid access and managed care in spring 2023, the Centers for Medicare…more

Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Final Rules, Health Care Providers, Home and Community Based Services (HCBS)

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Executive Summary: New York State Fiscal Year 2024-2025 Budget

On January 16, New York Governor Kathy Hochul released her State Fiscal Year (SFY) 2024-25 Executive Budget, her third since assuming office in August 2021. Addresses by Governor Hochul and Budget Director Blake Washington…more

Conservation, Economic Development, Environmental Policies, Healthcare, Mental Health

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The Inflation Reduction Act: Medicare Part D Benefit Redesign

On August 16, President Joe Biden signed into law H.R. 5376 , the Inflation Reduction Act of 2022, which makes arguably the most significant changes to U.S. prescription drug price regulation ever, including by..…more

Drug Pricing, Inflation Reduction Act (IRA), Medicare, Medicare Part D, Pharmaceutical Industry

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Manatt’s Continuing Coverage on Significant Post-ACA International Developments - November 2019

The uncertainty surrounding the proper definition of an automatic telephone dialing system (ATDS) remains as courts continue to issue differing opinions on the issue. Nearly two years after the D.C. Circuit’s landmark decision…more

ATDS, Auto-Dialed Calls, FCC, Prior Express Consent, Robocalling

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Top Five Healthcare Antitrust Trends to Watch in 2019

1. More Vertical Deals - Given the track record of merger antitrust enforcement since 2007, parties seeking to combine entities at the same level of the healthcare supply chain have faced an increasingly difficult…more

Antitrust Division, Federal Trade Commission (FTC), Health Care Providers, Mergers, Vertical Mergers

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New Hampshire Poised to Enact New England’s Second State Comprehensive Privacy Law

On January 18, the New Hampshire legislature passed on a bipartisan basis its version of the state comprehensive privacy law first adopted by Virginia in 2021 and subsequently by more than ten other states, most recently New…more

Consumer Privacy Rights, Cybersecurity, Data Privacy, Data Protection, Data Security

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Securitization Vehicles Win Madden Victory

In one of two closely watched New York class actions asserting usury claims against national bank securitization vehicles based on the Second Circuit’s decision in Madden v. Midland Funding, 786 F.3d 246 (2d Cir. 2015), a…more

Capital Markets, Class Action, Financial Services Industry, Madden v Midland Funding, Market Participants

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FTC Regulation Tracker – March 2024

The Final Rules keep rolling in, but with a twist. Each of the two Final Rules released in March were accompanied by Supplemental Notices of Proposed Rulemaking. In both cases, the Supplemental Rulemakings, if adopted, would…more

Antitrust Provisions, Banking Sector, Data Security, Federal Trade Commission (FTC), Final Rules

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The Benefits of Capping Medicare Part D Out-of-Pocket Costs Will Vary Substantially Depending on the Drugs That Beneficiaries Use

Although delayed as a result of the COVID-19 public health emergency, there are persistent and ongoing efforts to reform the Medicare Part D benefit. Since its June 2016 Report to Congress, the Medicare Payment Advisory…more

Cost-Sharing, Drug Pricing, Healthcare Reform, Medicare, Medicare Part D

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Understanding CMS’ AHEAD Model: Medicare Hospital Global Budget Design and Implications

The Center for Medicare and Medicaid Innovation at the Centers for Medicare & Medicaid Services (CMS) recently released initial specifications for its Medicare Hospital Global Budget methodology under the States Advancing…more

Budgets, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Health Insurance, Healthcare

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Strengthening the No Surprises Act’s Independent Dispute Resolution Process: Stakeholder Perspectives

Executive Summary - This project was designed to collect a broad range of perspectives from stakeholders and the literature to (1) understand the current state of the implementation of the Independent Dispute Resolution…more

Arbitration, Fee Disputes, Health Care Providers, Health Insurance, Healthcare

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North Carolina Expands Medicaid

On December 1, 2023, North Carolina will become the 40th state to implement Medicaid expansion under the Affordable Care Act (ACA), extending Medicaid eligibility to more than 600,000 adults with incomes up to 138% of the…more

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

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Health Update - December 2017

Part 1: Megatrends Reinventing How Patients Think - Editor’s Note: In a recent webinar for PharmaVOICE, Manatt Health revealed the megatrends reinventing the life sciences industry—and how they relate to new thinking by…more

Centers for Medicare & Medicaid Services (CMS), Environmental Protection Agency (EPA), Fraud, Hospital Mergers, Long Term Care Facilities

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Dear Future President—What Women Want From Our Next Leader

Editor’s Note: In a new white paper, summarized below, Manatt Health partners with Tia to reveal how women would advise the next President of the United States, regardless of who it is, on their healthcare priorities for the…more

Health Insurance, Mental Health, Personalized Medicine, Preexisting Conditions, Presidential Elections

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Retail and Consumer Products Law Roundup - February 2017

Ninth Circuit Tackles Several TCPA Issues in Gym Texting Case - Why it matters: Retailers communicate with their customers frequently as an essential part of their business. While these communications are typically…more

Arbitration, Costco, FCC, Federal Arbitration Act, Marketing

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

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

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

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CMS Shifts Quality Measures From Process to Outcomes

CMS Hospital Value-Based Purchasing Program - Relative weighting of quality measurement domains, FY 2013 – FY 2020 - The Medicare Hospital Value-Based Purchasing (VBP) Program marked one of the first major steps made by…more

Centers for Medicare & Medicaid Services (CMS), Hospitals, Medicare, Value-Based Purchasing

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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, Securities

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Entertainment Industry Predictions: Streamers, Litigation, Emerging Tech in 2023

The entertainment industry has transformed itself in recent years through the adoption of new technologies and is pioneering a variety of exciting new creative avenues. Below we predict what 2023 will bring, ranging from the…more

Artificial Intelligence, Copyright, Metaverse, Non-Fungible Tokens (NFTs), Popular

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Is Your Lease Financeable?

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

Condemnation, Financing, Leases, Lenders, Loans

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New Regulations Require Disclosure of Energy Use in Certain Buildings

On March 7, 2018, the California Energy Commission (CEC) implemented the regulations behind California Assembly Bill 802 (AB 802). AB 802 directed the CEC to create a statewide building energy use benchmarking and public…more

Benchmarking, California Energy Commission, Disclosure Requirements, Energy Sector

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Three Best Practices to Prevent Brands and Influencers from Going Offside During the Super Bowl

With the Super Bowl, brands, advertisers, influencers and die-hard fans are ready for the big game. The sheer volume of content—including popular dances, trends and music—created to promote products and services in front of one…more

Advertising, Brand, Celebrity Endorsements, Commercial Use, Endorsements

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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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Schrems II Decision: Immediate Considerations for U.S. Businesses

Key Takeaways: - EU-U.S. Privacy Shield Framework invalidated - Standard Contractual Clauses governing transfers between controllers and processors upheld, but arguably may not be valid on their face without additional due…more

Court of Justice of the European Union (CJEU), Data Protection, EU, EU-US Privacy Shield, Facebook

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[Webinar] 2021 Litigation Landscape: Key Trends to Watch After a Year of Disruption - December 10th, 1:00 pm - 2:00 pm ET

Nine months after the emergence of the COVID-19 pandemic in the United States, how has the litigation landscape been transformed? Join Manatt for a discussion of key trends that have come and gone—and those to prepare for in…more

Best Practices, Business Disruption, Continuing Legal Education, Contract Disputes, Contract Negotiations

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Maryland Expands Access to Gender-Affirming Care

On January 1, 2024, Maryland’s Trans Health Equity Act (THEA) went into effect, requiring the state’s Medicaid program to cover all medically necessary gender-affirming services, including services that were not previously…more

Disparate Impact, Disparate Treatment, Gender Discrimination, Gender Equity, Gender Expression

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Employment Law - May 2018

California Makes Seismic Shift With New ‘ABC’ Independent Contractor Test - The Dynamex Ruling - In a landmark decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (Charles Lee), the California…more

Department of Labor (DOL), DFEH, Harassment, Independent Contractors, Minimum Salary

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Continuous Medicaid/CHIP Eligibility for Children and Youth: 2024 Considerations for States

In December 2022, the U.S. Congress took a step to address churn—where enrollees lose Medicaid coverage, often for procedural reasons, and later reenroll after a gap in coverage—in the Consolidated Appropriations Act, 2023…more

Children's Health Insurance Program (CHIP), Consolidated Appropriations Act (CAA), Eligibility Determination, Health Insurance, Healthcare

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Evaluation of Medicaid Demonstrations under New CMS Guidance: State Considerations and Financial Resource Requirements

The Centers for Medicare & Medicaid Services (CMS) has formalized and strengthened requirements for evaluation of state Section 1115 Medicaid demonstrations, including new demonstration programs being permitted by the current…more

1115 Waivers, Centers for Medicare & Medicaid Services (CMS), Medicaid, Medicare

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Improving Access to Care for Pregnant and Postpartum People with Opioid Use Disorder: Recommendations for Policymakers

Introduction - Over the past several years, the American Medical Association (AMA) and Manatt Health have partnered on recommendations that inform policymakers of best practices to eliminate barriers to care for opioid…more

American Medical Association, Healthcare, Opioid, Pain Management, Patient Access

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Changes to Data Breach Notification Deep in the Heart of Texas

On June 14, Texas Governor Greg Abbott signed into law HB 4390 to amend the state’s data breach notification law, and with that Texas joins a growing list of states passing privacy legislation in 2019. In addition to breach…more

Corporate Counsel, Cybersecurity, Data Breach, Data Privacy, Data Protection

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FDIC Issues Final Rule for Industrial Bank Application Process

What Happened - On December 15, 2020, the Federal Deposit Insurance Corporation (FDIC) adopted a final rule, effective April 1, 2021, setting forth conditions, commitments, and requirements for the approval of deposit…more

Banking Sector, Deposit Insurance, FDIC, Federal Reserve, Final Rules

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Private NY Employers Required To Adopt Prevention Standard Plans by August 5 to Comply With NY HERO

On July 6, the New York State Department of Labor (NYS DOL) published the Airborne Infectious Disease Exposure Prevention Standard (“Prevention Standard”), a model airborne infectious disease exposure prevention plan (“Model…more

Employer Liability Issues, Health & Safety Standard, Infectious Diseases, New Legislation, Occupational Exposure

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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, Federal Trade Commission (FTC), Fee-Splitting, Hospital Mergers

See all updates »

DOMINICAN REPUBLIC—Update: Conditions for CDEEE-Related PPAs for Renewables

In our August 1, 2017 Cross Border Transactions Newsletter we informed about the announcement made by the Corporación Dominicana de Empresas Eléctricas Estatales (CDEEE) regarding several new conditions included in the Power…more

Photovoltaic, Power Purchase Agreements, Renewable Energy, Solar Energy, Wind Power

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What Health Plans Need to Know: California DMHC All Plan Letter on Implementing Senate Bill 855

On January 5, 2021, the California Department of Managed Health Care (DMHC) issued an All Plan Letter regarding the newly passed California Senate Bill 855 (Wiener, Stats. 2020, ch. 151 § 2) (SB 855). SB 855 became effective on…more

Health and Safety, Health Care Providers, Health Insurance, Infectious Diseases, Mental Health

See all updates »

Transforming Primary Healthcare for Women: The Path Forward

Editor’s Note: An array of care gaps and structural barriers inhibits the U.S. primary healthcare system from fully meeting the needs of women across the life course. Recently, new models of technology-enabled primary healthcare…more

Department of Health and Human Services (HHS), Diversity, Entrepreneurs, Gender Equity, Health Care Providers

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Referendum Rescinding Zoning That Resolved General Plan Inconsistency Upheld

City of Morgan Hill v. Shannon Bushey (6th Dist., No. H043426, May 30, 2017) - Why it matters: In California, zoning must be consistent with the general plan. When a general plan amendment creates an inconsistency with the…more

Land Use Restrictions, Proposed Amendments, Referendums, Zoning Laws

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Supporting Children & Families Enrolled in Medicaid as the COVID-19 PHE Conclusion & Unwinding Nears

During the COVID-19 public health emergency (PHE), states implemented numerous Medicaid and Children’s Health Insurance Program (CHIP) policies and operational processes that helped to maintain coverage and support access to…more

Children's Health Insurance Program (CHIP), Coronavirus/COVID-19, Infectious Diseases, Medicaid, Public Health Emergency

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COVID-19: California Executive Orders, Agency Guidance - July 2020

To support our clients during the COVID-19 pandemic, we provide below links to the Governor’s Executive Orders and California County directives and mandates. Given the rapidly changing environment, we will update this page…more

Coronavirus/COVID-19, Emergency Management Plans, Executive Orders, Governor Newsom, Guidance Update

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New York State Budget Director Issues Call Letter to Agencies

Early Indication of Challenging 2024–25 State Budget - On September 20, 2023, Blake Washington, the new director of the New York State Division of the Budget (DOB), issued the annual agency “call letter,” which requests that…more

Call Letter, Financial Stimulus, Fiscal Year, New York, Regulatory Agenda

See all updates »

Dead Hand Proxy Puts Create Litigation Risk for Lenders

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

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

See all updates »

[Webinar] Spotlight on CMS’ Non-Emergency Medical Transportation Guidance - February 7th, 12:00 pm PT

States are required to provide non-emergency medical transportation (NEMT) in their Medicaid programs but have flexibility in how they deliver these critical services. While states take a variety of approaches in the…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicaid, Non-Emergency Medical Transportation (NEMT), Webinars

See all updates »

The CFPB’s Summer 2023 Supervisory Highlights

The Consumer Financial Protection Bureau’s (CFPB or Bureau) Summer 2023 Supervisory Highlights, which discusses key examination findings between July 2022 and March 2023, underscores the Bureau’s continuing aggressive…more

Consumer Financial Protection Bureau (CFPB), Debt Collection, ECOA, Fair Lending, Financial Services Industry

See all updates »

Before the Storm: Anticipating the Wave of Federal Investigations Following COVID-19

In the early weeks of the COVID-19 public health crisis, the federal government prioritized a swift response to the economic impact of the novel coronavirus, including several pieces of legislation that sought to infuse cash…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Corporate Governance, Department of Justice (DOJ)

See all updates »

Financial Advisor Topics in Hostile Takeover Defenses

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

Shareholder Activism, Shareholders

See all updates »

Healthcare Providers Use Sale-Leasebacks to Help Fuel Growth

“The best time to buy real estate is now, and the best time to sell it is never.” Real estate moguls have been preaching and practicing this adage for many years. Recently, however, many companies have been bucking that belief…more

Health Care Providers, Leaseback, Real Estate Market

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The FDA and the Future of AI Oversight

In January 2024, the U.S. Government Accountability Office (GAO) issued a report highlighting current obstacles to the U.S. Food and Drug Administration’s (FDA) timely and effective regulation of artificial intelligence (AI) and…more

Artificial Intelligence, Food and Drug Administration (FDA), GAO, Healthcare, Life Sciences

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[Webinar] 2021 Litigation Landscape: Key Trends to Watch After a Year of Disruption - December 10th, 1:00 pm - 2:00 pm ET

Nine months after the emergence of the COVID-19 pandemic in the United States, how has the litigation landscape been transformed? Join Manatt for a discussion of key trends that have come and gone—and those to prepare for in…more

Best Practices, Business Disruption, Continuing Legal Education, Contract Disputes, Contract Negotiations

See all updates »

Update on Deductibility of Expenses Paid With Forgiven PPP Loans

The IRS released an advance version of Rev. Rul. 2021-2, which is consistent with a legislative change allowing taxpayers to deduct otherwise deductible expenses paid with the proceeds of a Paycheck Protection Program (PPP) loan…more

Business Expenses, Business Taxes, CARES Act, Consolidated Appropriations Act (CAA), Coronavirus/COVID-19

See all updates »

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

See all updates »

[Webinar] Talking Politics: Climate Change and the Greening of DC and CA (and What It Means to You) - April 27th, 11:00 am - 12:00 pm PT

With climate change policy at the center of the Biden-Harris agenda, what impacts and opportunities will we see during the next four years, nationally and in California? Join us for a one-hour nonpartisan panel discussion…more

Biden Administration, Climate Change, Enforcement Actions, Environmental Policies, Legislative Agendas

See all updates »

FinCEN Provides Guidance On Cryptocurrency

The Financial Crimes Enforcement Network (FinCEN) has released new guidance on cryptocurrency, an attempt to “provide regulatory certainty for businesses and individuals” engaged in the burgeoning field of financial activity…more

Bank Secrecy Act, Convertible Virtual Currencies (CVCs), Cryptocurrency, Financial Institutions, FinCEN

See all updates »

Insurance Recovery Law - May 2016

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

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

See all updates »

Labor Department Issues Final Amendments to Overtime Exemptions

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

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Final Rules, Minimum Salary

See all updates »

[Webinar] Talking Politics: Climate Change and the Greening of DC and CA (and What It Means to You) - April 27th, 11:00 am - 12:00 pm PT

With climate change policy at the center of the Biden-Harris agenda, what impacts and opportunities will we see during the next four years, nationally and in California? Join us for a one-hour nonpartisan panel discussion…more

Biden Administration, Climate Change, Enforcement Actions, Environmental Policies, Legislative Agendas

See all updates »

Schrems II Decision: Immediate Considerations for U.S. Businesses

Key Takeaways: - EU-U.S. Privacy Shield Framework invalidated - Standard Contractual Clauses governing transfers between controllers and processors upheld, but arguably may not be valid on their face without additional due…more

Court of Justice of the European Union (CJEU), Data Protection, EU, EU-US Privacy Shield, Facebook

See all updates »

[Webinar] Unmasking Best Practices for CRE Lenders During the COVID-19 Downturn - May 21st, 1:00 pm - 1:30 pm PT

With the impact of COVID-19 causing an economic downturn and, consequently, a potential recession for commercial real estate, lenders are now being faced with obstacles to limit damage to their portfolios. Join us for a…more

Best Practices, Borrowers, Commercial Real Estate Market, Continuing Legal Education, Coronavirus/COVID-19

See all updates »

Health Care Fraud in the Era of COVID-19

As the race to vaccinate continues, state and federal enforcement agencies are hard at work investigating and prosecuting COVID-19-related health care fraud. As Acting Assistant Attorney General Nicholas L. McQuaid of the U.S…more

CARES Act, Coronavirus/COVID-19, Department of Justice (DOJ), Fraud and Abuse, Health Care Providers

See all updates »

[Webinar] Bridging Public Health and Managed Care: A Collaborative Approach to Community Health Assessments - March 21st, 1:00 pm - 2:00 pm ET

In the United States, public health and health care delivery have largely taken different and siloed approaches, with health care focused on the treatment of individuals and public health centered on the total population within…more

California, Collaboration, Community Health Systems, Health Care Providers, Healthcare Facilities

See all updates »

There’s Nothing Weak About the SEC’s “Weakened” Climate Disclosure Mandate

The Securities and Exchange Commission (SEC) released its long-awaited climate disclosure mandate for publicly traded companies (Final Rule). While significant portions of the proposed rule have been scaled back or outright…more

Climate Change, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

See all updates »

Retail and Consumer Products Law Roundup - December 2017

The Battle Over CFPB Leadership Continues - Although the first round in the battle over leadership of the Consumer Financial Protection Bureau went to President Donald Trump’s pick for the position, the fight continues,…more

Consumer Financial Protection Bureau (CFPB), Cybersecurity, Employer Liability Issues, Environmental Protection Agency (EPA), NLRB

See all updates »

A New Dawn for Copyright? USCO Recognizes Some Protections for AI-Generated Work But Rejects Others

What’s the difference between artificial intelligence (AI) and a monkey (or, more accurately, a crested macaque named Naruto)? Well, while the U.S. Copyright Office has made clear that nonhuman-authored works—like Naruto’s…more

Artificial Intelligence, Authorship, Copyright, Copyright Applications, Copyright Office

See all updates »

The Benefits of Capping Medicare Part D Out-of-Pocket Costs Will Vary Substantially Depending on the Drugs That Beneficiaries Use

Although delayed as a result of the COVID-19 public health emergency, there are persistent and ongoing efforts to reform the Medicare Part D benefit. Since its June 2016 Report to Congress, the Medicare Payment Advisory…more

Cost-Sharing, Drug Pricing, Healthcare Reform, Medicare, Medicare Part D

See all updates »

Heightened Risk of Criminal and Civil Liability for Nursing Homes in the Time of COVID-19

Nursing homes and other post-acute healthcare providers have long been the focus of both government investigations and private plaintiffs focusing on quality of care, staffing and billing issues. Now that such facilities have…more

Centers for Medicare & Medicaid Services (CMS), Civil Liability, Criminal Liability, Department of Justice (DOJ), Infectious Diseases

See all updates »

Manatt Digital Media - December 2014

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

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

See all updates »

Three Best Practices to Prevent Brands and Influencers from Going Offside During the Super Bowl

With the Super Bowl, brands, advertisers, influencers and die-hard fans are ready for the big game. The sheer volume of content—including popular dances, trends and music—created to promote products and services in front of one…more

Advertising, Brand, Celebrity Endorsements, Commercial Use, Endorsements

See all updates »

Understanding CMS’ AHEAD Model: Medicare Hospital Global Budget Design and Implications

The Center for Medicare and Medicaid Innovation at the Centers for Medicare & Medicaid Services (CMS) recently released initial specifications for its Medicare Hospital Global Budget methodology under the States Advancing…more

Budgets, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Health Insurance, Healthcare

See all updates »

Is California’s Open Meetings Law a ‘Long Haul’ COVID-19 Victim?

New Law Permits Local Governments to Continue to Meet Remotely Until 2024 - California’s historic open meeting law, the Ralph M. Brown Act, requires that local governments conduct their business in public meetings and permit…more

Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases, Open Meetings Act, Public Entities

See all updates »

Post-Facebook v. Duguid Litigation Roundup - September 2022

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an…more

ATDS, Auto-Dialed Calls, Consent, Corporate Counsel, Do Not Call List

See all updates »

Health Plan Transactions: Trends and Issues

Editor’s Note: The number of healthcare transactions reached a record-smashing 1,738 in 2018. According to a new Capital One poll, mergers and acquisitions are the preferred growth vehicle for 44% of healthcare executives in…more

Acquisitions, Antitrust Division, Department of Justice (DOJ), Due Diligence, Health Plan Sponsors

See all updates »

Emerging Opportunities for State-Based Marketplaces (SBMs)

The Affordable Care Act (ACA) Marketplaces have nearly tripled their enrollment in their first decade of operation, from eight million people in 2014 to 21.4 million in 2024. At the national level, the ACA has helped cut the …more

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

See all updates »

U.S. Economic Sanctions Against Russia Grow Amid the Ukraine Crisis: What Businesses Need to Know (UPDATED)

Originally Published: February 25, 2022 – Updated: May 16, 2022 U.S. economic sanctions against Russian interests continue to build in response to the developing situation between the Russian Federation and Ukraine. Donetsk and…more

Biden Administration, Economic Sanctions, Export Controls, Financial Transactions, Foreign Policy

See all updates »

AI as an Inventor? . . . Not so Fast

In December, the United Kingdom (the “U.K.”) became the fourth jurisdiction to reach a final determination that a generative AI platform could not be named as an inventor on a patent. Like courts in the United States, Australia…more

Artificial Intelligence, Innovative Technology, Intellectual Property Protection, Inventors, Machine Learning

See all updates »

State Supreme Court Decisions Severely Restrict Access to Abortion in Arizona and Florida

In the aftermath of the Supreme Court’s decision to overturn the federal constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, individual states continue to decide the legality of abortion on a…more

Abortion, Arizona, AZ Supreme Court, Constitutional Challenges, Dobbs v. Jackson Women’s Health Organization

See all updates »

Anti-Surprise Billing Laws and Their Potential Impact on Litigation

Editor’s Note: Litigators and in-house counsel for both payers and providers in the reimbursement arena should be aware of recently enacted legislation regulating “surprise” medical billing. In this article, we discuss some of…more

Health Care Providers, Health Insurance, Healthcare Costs, Surprise Medical Bills

See all updates »

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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