McCarter & English, LLP

Health Law Insights Newsletter - Issue 13

McCarter & English, LLP’s Health Care Group presents Issue 13 of the Health Law Insights, which discusses the latest legal issues in the health care industry. - Failure to Update Business Associate Agreement Results in…more
| Civil Rights, Health, Labor & Employment Law

Federal Appeals Court Sanctions National Labor Relations Board in Ongoing Battle over Management Rights Provisions in Collective Bargaining Agreements

Most collective bargaining agreements contain “management rights” provisions that many employers, unsurprisingly, believe grant them the right to manage their businesses without union interference. The National Labor Relations…more
| Administrative Law, Commercial Law & Contracts, Labor & Employment Law

Some Real Numbers About Transitioning a Coal Plant to a Solar Farm

Power density was on display yesterday in Holyoke, Massachusetts. Virtually anyway. There was a groundbreaking for a 5.8 MW solar farm. This is wonderful news. The old, inefficient, environmentally challenged, coal-fired Mt…more
| Energy & Utilities

Developments in DoD’s Treatment of Commercial Item Assertions

The passage of the Federal Acquisition Streamlining Act of 1994 and the Clinger-Cohen Act of 1996 saw the dawning of a new era in procurement policy, pursuant to which sweeping changes to the procurement laws and regulations…more
| Commercial Law & Contracts, Government Contracting

IRS Permits Self-Certification for Late Rollovers to Qualified Retirement Plans

Generally, an amount distributed from a qualified retirement plan (including an employer-sponsored plan and an IRA) is excluded from income if it is transferred to another plan within 60 days following receipt. In the past, if…more
| Labor & Employment Law, Taxation

New Jersey Court Confirms a PRP Letter Constitutes a “Suit” Triggering an Insurer’s Duty to Defend

A New Jersey Superior Court recently put to rest a tenuous coverage defense to which insurers stubbornly have clung in environmental coverage cases. The court held in Cooper Industries, LLC v. Employers Ins. of Wausau a Mutual…more
| Civil Procedure, Insurance

Federal Contractors and Subcontractors Subject to yet More Mandatory Disclosure Requirements

New FAR Rules and U.S. Department of Labor Guidance Implement the Long-Anticipated (and Much-Dreaded) Fair Pay and Safe Workplaces Executive Order - Burdensome disclosure obligations, pay transparency, and other affirmative…more
| Government Contracting, Labor & Employment Law

Compliance Concerns Raised Over Proposed Hospital Outpatient Department Rule

In an August 26, 2016, letter to the Centers for Medicare & Medicaid Services (CMS), the American Hospital Association (AHA) expressed serious concern over the portion of the calendar year 2017 hospital outpatient prospective…more
| Government Contracting, Health

New Management Contract Safe Harbors

The Internal Revenue Service (the “IRS”) released Revenue Procedure 2016-44 (“Rev. Proc. 2016-44”) on August 22, 2016 to provide new safe harbors for management contracts to avoid characterization of such contracts as private…more
| Commercial Law & Contracts, Government Contracting, Taxation

Government Contractors Can Learn From Yogi Berra: Failure to Follow Correct Claim Submission Procedures Results in Jurisdictional Doom

The late, great Yogi Berra once said that “Baseball is 90 percent mental. The other half is physical.” Sometimes it seems as if Yogi’s logic is equally applicable to the claims process in the world of Government contracting,…more
| Administrative Law, Civil Procedure, Government Contracting, Military Law

Beware the Booty-Encrusted Hook: Cybersecurity Vendors Should Use Caution Approaching GSA’s IT-70 Solicitation for Highly Adaptive Cybersecurity Services, or “HACS”

Machiavelli – yes, that Machiavelli – knew a thing or two about working with a powerful government. In his most well-known writings, Machiavelli opined on both the application of power and importance of intellect when…more
| Government Contracting, Science, Computers, & Technology

Coal Plant Shutdowns: Operators Have Cyber Protection Obligations Even After Closing

As Yogi Berra used to say: “It ain’t over till it’s over.” Coal plant operators shutting down their plants should remember this phrase. Even after they throw the breakers, go off the grid, are no longer contributing to the bulk…more
| Business Organizations, Energy & Utilities, Privacy, Consumer Protection, Science, Computers, & Technology

New Jersey Supreme Court Affirms General Contractor’s Insurance Coverage for Consequential Damages Caused by a Subcontractor’s Faulty Workmanship

In an important recent decision, New Jersey joined a growing number of states holding that Insurance Services Office’s (ISO) 1986 comprehensive general liability (CGL) policy extends coverage to a property developer faced with…more
| Civil Remedies, Commercial Law & Contracts, Construction Law, Insurance, Real Estate - Residential

Litigating Against the Government? Recent Decision Regarding Claim Certification Dispute Proves That Forrest Gump's Mama Was Right All Along

Forrest Gump’s mama was a brilliant woman. As anyone who watched the 1994 Academy Award-winning classic can confirm, Mrs. Gump’s advice to her son provided an indispensable well of wisdom from which Forrest often drew to…more
| Administrative Law, Civil Procedure, Construction Law, Government Contracting

Health Law Insights - Issue 12

CMS Proposes Bundled Payments for Cardiac Care - In its most recent effort to hasten Medicare’s transformation from a fee-for-service payment model to a value-based payment model, the Centers for Medicare & Medicaid…more
| Health, Science, Computers, & Technology
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