Polsinelli

Author

Latest Publications

Zachary Abeles

Regulators’ New Focus On Director And Officer Liability Insurance; Other Considerations

The Federal Deposit Insurance Corporation (the “FDIC”) issued an advisory statement on October 10, 2013, titled “Director and Officer Liability Insurance – Policies, Exclusions, and Indemnification for Civil Money…more

D&O Insurance, Directors, FDIC, Indemnification, Officers

See All Updates »

Jasmine Abou-Kassem

How Final Do You Want It To Be?: Recent Change To American Arbitration Association Rules Allows For Appeals In Certain Cases

In a prior e-Alert, the Commercial Litigation practice outlined the issues confronting your business when deciding whether to enter into a contractual arbitration agreement. The alert noted that an important issue to consider is…more

American Arbitration Association, Appeals, Arbitration

See All Updates »

Christopher Abrams

Congress Approves The American Taxpayer Relief Act Of 2012, Preventing "Fiscal Cliff"

After much contention,Congress passed the American Taxpayer Relief Act of 2012, and President Obama signed the legislation on January 2, 2013. The Act avoids automatic sunset provisions that were scheduled to take effect…more

Alternative Minimum Tax, American Taxpayer Relief Act, Bush-Era Tax Cuts, Business Taxes, Capital Gains

See All Updates »

Lisa Acevedo

You're Not Immune: Hackers Target Health Care Providers Of All Shapes & Sizes

For health care providers, exposure to cyberattacks is becoming a stark reality. Findings in a recently released Health Care Cyberthreat Report by cybersecurity leaders confirmed the health care industry's vulnerabilities for…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Hackers

See All Updates »

Brett Anders

A Loan Enforcement e-Newsletter - Missouri Foreclosures: A Changing Landscape?

In This Issue: - Missouri Foreclosures: A Changing Landscape? - Missouri Law on Non-Judicial Foreclosure: A Primer Measuring Deficiencies Under Missouri Law - Fischer & Frichtel - Sunrise Farms -…more

Borrowers, Deficiency Judgments, Foreclosure, Loans, Mortgages

See All Updates »

Alan Claus Anderson

Missouri Legislature Approves Six-Year Solar Rebate Phase-Out

As one of the final acts of the legislative session, on May 17th the Missouri legislature approved an amendment that will phase out the Missouri solar rebate between 2014 and 2020…more

Proposed Amendments, Rebates, Solar Energy

See All Updates »

Janice Anderson

FY 2014 IPPS/LTCH PPS Final Rule Goes Into Effect October 1, 2013

In This Issue: - What Providers Should Know - Requirements for Inpatient Admissions and Payment Under Medicare Part A - New Rules Permitting Re-billing Under Medicare Part B for Denied Admissions - New HAC…more

CMS, Healthcare, Hospitals, Medicare, Medicare Part A

See All Updates »

Douglas K. Anning

IRS Issues Guidance For Tax-Exempt Hospitals Under Section 501(R)

In This Issue: - What You Need to Know - Background ..Notice 2014-2 ..Notice 2014-3 - Correction of a Failure ..Proper Disclosure of Failure ..What You Should Do Now - Excerpt from…more

Exempt Organizations, Healthcare, Hospitals, IRS

See All Updates »

Jane Arnold

Health Reform + Related Health Policy News - April 2014

In This Issue: - Top News ..Sebelius: No More Health Law Delays; No Enrollment Extension ..CMS Announces Innovative Hospice Care Model - State News ..17 States and D.C. Implementing SHOP Health Insurance…more

CMS, Health Insurance Exchanges, Healthcare Reform, HHS, Medicaid

See All Updates »

Carol Barnett

Employer Immigration Information Now Available To The Public

Recent changes by the U.S. Department of Labor will make public certain information concerning their foreign national employees. On July 1, 2013, in furtherance of the Department of Labor's Open Government Initiative, the…more

DOL, Foreign Nationals, Labor Certifications

See All Updates »

Jeffrey Bell

The Light Went Out On My Star: Don't Lose F-1 Employees While Waiting On H-1B Approval

It is common for companies to hire college students and plan to continue their employment after graduation. Increasingly, many foreign college students are in the United States on F-1, student visas and receive 12 months of work…more

F-1, Foreign Workers, H-1B, Visa Caps, Visas

See All Updates »

Jon Bierman

The NLRB Throws A Flag On The Northwestern Football Program

In a much awaited decision, the Regional Director for Region 13 of the National Labor Relations Board ("NLRB") has determined that grant-in-aid scholarship recipients on the Northwestern University football team are more than…more

College Athletes, NLRB, Unions

See All Updates »

James Bird

Supreme Court Overturns The Sixth Circuit Court Of Appeals: Holds Severance Payments Subject To FICA Taxes

In this e-Alert, we address the recent United States Supreme Court decision in U.S. v. Quality Stores, Inc., et al, No. 12-1408 (Sup. Ct. 03/25/2014), whereby the United States Supreme Court unanimously overturned the prior…more

FICA Taxes, Quality Stores, SCOTUS, Severance Pay

See All Updates »

Mary Beth Blake

Don't Be Left On The Sidelines: CMS Is Seeking Applications For A New Hospice Demonstration Program

Currently, Medicare patients that wish to receive palliative hospice care have a tough choice to make—forgo any curative treatment or incur all hospice care costs. This could change, however, with the recent launch of CMS's…more

CMS, Healthcare, Healthcare Reform, Hospice, Hospitals

See All Updates »

William Blakely

The Dog Ate My Evidence: Document Destruction Policies And The Duty To Preserve

In This Issue: - The Duty to Preserve ..What triggers the duty to preserve? ..Who has a duty to preserve? ..What is the scope of the duty to preserve? - Litigation Hold Notices - Potential Sanctions…more

Adverse Inference Instructions, Corporate Counsel, Document Retention Policies, Duty to Preserve, Evidence

See All Updates »

Leigh Bonsall

CRS Report To Congress On Internet Governance

On November 13, 2013, the Congressional Research Service ("CRS") issued a report to Congress entitled "Internet Governance and the Domain Name System: Issues for Congress." The focus of the report is the United States' support…more

Domain Names, gTLD, ICANN, Intergovernmental Agreements, International Trade Disputes

See All Updates »

Jeanie Botkin

Market Conduct Examination Penalties On The Rise In Missouri

Our firm's Summer 2012 Insurance Business & Regulatory newsletter discussed a recent increase in market conduct examination activity by the Missouri Department of Insurance, Financial Institutions and Professional Registration…more

Compliance, Investigations

See All Updates »

Mark Brand

The Dog Ate My Evidence: Document Destruction Policies And The Duty To Preserve

In This Issue: - The Duty to Preserve ..What triggers the duty to preserve? ..Who has a duty to preserve? ..What is the scope of the duty to preserve? - Litigation Hold Notices - Potential Sanctions…more

Adverse Inference Instructions, Corporate Counsel, Document Retention Policies, Duty to Preserve, Evidence

See All Updates »

Terry Brooks

Proposed And Final Rules Released Regarding The ACA's Individual Mandate

In This Issue: - Minimum Essential Coverage ..HHS Proposed Rule - Shared Responsibility Payments and Exemptions ..HHS Proposed Rule ..IRS Proposed Rule ..IRS Final Rule - Essential Health Benefits …more

Affordable Care Act, Congressional Budget Office, Essential Health Benefits, Health Insurance Exchanges, HHS

See All Updates »

Anne Callenbach

Renewable News - Spring 2013

In This Issue: - Federal Policy Update - TradeWind and Alabama Power Announce PPA for Kansas Project - NextEra Energy Resources Finalized Purchase of Kansas Project - Incentives Announced for $66 Million…more

Biofuel, Energy Projects, Renewable Energy, Wind Power

See All Updates »

Paul J. Cambridge

JOBS Act Creates Opportunities for Community Banks

Originally published in BankNews - May 2012. The Jumpstart Our Business Startups Act was signed into law by President Obama on April 5, 2012. Th e JOBS Act contains a series of changes to the federal securities law…more

Crowdfunding, Emerging Growth Companies, JOBS Act

See All Updates »

Michael A. Campbell

Two New CFPB Bulletins Directly Affect Your Debt Collections

On July 10, 2013, the Consumer Financial Protection Bureau (CFPB) issued two bulletins that directly affect all consumer lenders and creditors that are subject to the Dodd-Frank Act. Bulletin 2013-07 puts creditors on…more

CFPB, Compliance, Debt Collection, Dodd-Frank, FDCPA

See All Updates »

Frank Caro, Jr.

U.S. Court Of Appeals Decision Likely To Impact State Transmission And RES Policies

On June 7th, 2013, the U.S. Court of Appeals for the Seventh Circuit issued an opinion that could have significant impacts on transmission and renewable energy policies all across the country…more

FERC, MISO, Renewable Energy, RTO, Transmission Lines

See All Updates »

Stacy Carpenter

Cyber Security: Are You At Risk?

In This Issue: - Prevention - Notification - Potential Litigation - Conclusion - Excerpt from Foreward: As the recent Target and Neiman Marcus data breaches made clear, cyber security is one of…more

Cybersecurity, Cybersecurity Framework, Data Breach, Data Breach Plans, Data Protection

See All Updates »

Ruben Chuquimia

Conflict Minerals Disclosure Compliance

The SEC has adopted a rule requiring SEC reporting companies to provide disclosures about conflict minerals that are "necessary to the functionality or production of a product manufactured by the company." Conflict minerals…more

Conflict Mineral Rules, Disclosure Requirements, SEC

See All Updates »

Anika Clifton

Health Reform + Related Health Policy News Update - April 2013

In this Issue: - Top News ..Large Hospital Systems Settles for $25.5 Million for False Claims Act Allegations ..Catholics’ Challenge to Contraceptive Coverage Mandate Dismissed As Not Ripe - States…more

CMS, Contraceptive Coverage Mandate, False Claims Act, Healthcare, Hospitals

See All Updates »

Michael Conger

ACA "Pay Or Play" Deadline Extension — What It REALLY Means

On July 2, 2013, the U.S. Treasury announced that the Obama Administration is implementing a one-year delay of the employer and insurer reporting requirements under the Affordable Care Act of 2010 ("ACA")…more

Affordable Care Act, Deadlines, Delays, Employer Group Health Plans, Employer Mandates

See All Updates »

Anne Cooper

Updates To Need Determinations Show A General Decrease In Need For Health Care Facilities And Services In Illinois

On August 15, 2013, the Illinois Health Facilities and Services Review Board ("the Board") released updated inventories and need determinations for health service areas across the State. The new need determinations reveal a…more

Certificate of Need, Healthcare, Healthcare Professionals, Hospitals, Long Term Care Facilities

See All Updates »

John Crawford

IRS Issues Guidance For Tax-Exempt Hospitals Under Section 501(R)

In This Issue: - What You Need to Know - Background ..Notice 2014-2 ..Notice 2014-3 - Correction of a Failure ..Proper Disclosure of Failure ..What You Should Do Now - Excerpt from…more

Exempt Organizations, Healthcare, Hospitals, IRS

See All Updates »

Andrew Cripe

Employer Immigration Information Now Available To The Public

Recent changes by the U.S. Department of Labor will make public certain information concerning their foreign national employees. On July 1, 2013, in furtherance of the Department of Labor's Open Government Initiative, the…more

DOL, Foreign Nationals, Labor Certifications

See All Updates »

Robert Cudd

Proposed Partnership Liability Regulations

On January 29, 2014, the Internal Revenue Service (IRS) proposed Treasury regulations under Section 752 of the Code which would change the way in which both partnership recourse and nonrecourse liabilities are allocated. The…more

IRS, Partnerships, Tax Liability

See All Updates »

Jay Dade

Employer Immigration Information Now Available To The Public

Recent changes by the U.S. Department of Labor will make public certain information concerning their foreign national employees. On July 1, 2013, in furtherance of the Department of Labor's Open Government Initiative, the…more

DOL, Foreign Nationals, Labor Certifications

See All Updates »

Hannah DeLuca

ACA "Pay Or Play" Deadline Extension — What It REALLY Means

On July 2, 2013, the U.S. Treasury announced that the Obama Administration is implementing a one-year delay of the employer and insurer reporting requirements under the Affordable Care Act of 2010 ("ACA")…more

Affordable Care Act, Deadlines, Delays, Employer Group Health Plans, Employer Mandates

See All Updates »

Mark Deming

Divided Court Affirms De Novo Review For Claim Construction

On February 21, 2014, the Federal Circuit released its widely-anticipated decision in Lighting Ballast Control LLC v. Phillips Electronics North America Corporation. The decision renews the Court's commitment to fifteen years of…more

Patent Litigation, Patents, Philips Electronics, Trial de Novo

See All Updates »

Lauren DeSantis-Then

What Companies Can Learn From The Ralph Lauren Corporation FCPA Case

Last week, a subsidiary of American fashion designer Ralph Lauren Corporation made global news for violations of The Foreign Corrupt Practices Act of 1977 ("FCPA"). In short, FCPA prohibits covered entities – i.e., those that…more

Compliance, DOJ, FCPA, Non-Prosecution Agreements, Ralph Lauren

See All Updates »

Dennis Dobbels

"Every Asbestos Exposure Counts" - Maryland Affirms Theory

Maryland's highest appellate court ruled last week that a plaintiff's expert in an asbestos injury lawsuit could testify that every single exposure to asbestos substantially contributes to the development of mesothelioma,…more

Asbestos, Asbestos Litigation, Bodily Injury, Expert Testimony, Ford Motor

See All Updates »

S. Jay Dobbs

Cyber Security: Are You At Risk?

In This Issue: - Prevention - Notification - Potential Litigation - Conclusion - Excerpt from Foreward: As the recent Target and Neiman Marcus data breaches made clear, cyber security is one of…more

Cybersecurity, Cybersecurity Framework, Data Breach, Data Breach Plans, Data Protection

See All Updates »

Doreen Dodson

Employer Immigration Information Now Available To The Public

Recent changes by the U.S. Department of Labor will make public certain information concerning their foreign national employees. On July 1, 2013, in furtherance of the Department of Labor's Open Government Initiative, the…more

DOL, Foreign Nationals, Labor Certifications

See All Updates »

Thomas Donohoe

Fourteen Years Later: New OIG Guidance On Excluded Providers

In This Issue: - Exclusion from Federal Health Care Programs - The New Advisory Bulletin - What Providers Should Know - For More Information - Excerpt from Exclusion from Federal Health Care…more

Civil Monetary Penalty, Disclosure Requirements, Excluded Providers, False Claims Act, Healthcare

See All Updates »

Kathryn Doty

The Future Of Patentable DNA: A Myriad Of Possibilities

In This Issue: - Summary - Case Analysis - Implications ..Prokaryotic Nucleic Acid Sequences ..Short Segments of Eukaryotic DNA ..Promoters/Regulatory regions ..Isolated Proteins …more

AMP v Myriad, DNA, Genetic Materials, Myriad, Patent-Eligible Subject Matter

See All Updates »

Cavan Doyle

Health Reform + Related Health Policy News - October 2013 - Issue 3

In This Issue: - Top News ..Deal to Raise Debt Ceiling, End Shutdown Yields No Major Changes to Health Care Law ..Problems with HealthCare.gov Website Continue; HHS Working to Fix Issues ..Kaiser Study…more

Abortion, Affordable Care Act, Debt Ceiling, Fraud, Government Shutdown

See All Updates »

Michael Dulin

Supreme Court Rules That A Non-Competitor Has Standing To Assert False Advertising Claims

On March 25, the U.S. Supreme Court held that a company has standing to assert a false advertising claim against a non-competitor under Section 43(a) of the Lanham Act if it can "show economic or reputational injury flowing…more

Competition, False Advertising, SCOTUS

See All Updates »

Meredith Duncan

Streamlined RAC Appeal Processes Lead To Winning Legal And Economic Outcomes

Armed with the Recovery Audit Contract (RAC) Program, the Federal government has been very successful in recouping Medicare overpayments from health care providers in recent years. During a RAC audit, program contractors review…more

Healthcare, Medicare, Overpayment, Recovery Audit Contractor

See All Updates »

Erin Fleming Dunlap

Health Reform + Related Health Policy News - April 2014

In This Issue: - Top News ..Sebelius: No More Health Law Delays; No Enrollment Extension ..CMS Announces Innovative Hospice Care Model - State News ..17 States and D.C. Implementing SHOP Health Insurance…more

CMS, Health Insurance Exchanges, Healthcare Reform, HHS, Medicaid

See All Updates »

Justin Edelson

Fee Guidelines For Attorneys In Larger Chapter 11 Cases

Following two public comment periods spanning more than a year as well as a public meeting, the Office of the United States Trustee (the "UST") has issued new guidelines for attorney compensation in larger chapter 11 cases. The…more

Attorney's Fees, Chapter 11, Commercial Bankruptcy

See All Updates »

Fred Entin

Proposed And Final Rules Released Regarding The ACA's Individual Mandate

In This Issue: - Minimum Essential Coverage ..HHS Proposed Rule - Shared Responsibility Payments and Exemptions ..HHS Proposed Rule ..IRS Proposed Rule ..IRS Final Rule - Essential Health Benefits …more

Affordable Care Act, Congressional Budget Office, Essential Health Benefits, Health Insurance Exchanges, HHS

See All Updates »

Christopher Erker

2014 Top Energy & Environmental Regulatory Issues

In This Issue: - Environmental Protection Agency ..NAAQS ..Tier 3 & 4 Standards ..Stormwater Control ..Hydraulic Fracturing Regulation ..Clean Water Act Expansion ..Renewable Fuels…more

Carbon Capture and Sequestration, Carbon Emissions, Clean Water Act, Department of the Interior, DOE

See All Updates »

Colleen M. Faddick

Health Reform + Related Health Policy News - April 2014

In This Issue: - Top News ..Sebelius: No More Health Law Delays; No Enrollment Extension ..CMS Announces Innovative Hospice Care Model - State News ..17 States and D.C. Implementing SHOP Health Insurance…more

CMS, Health Insurance Exchanges, Healthcare Reform, HHS, Medicaid

See All Updates »

Geoffrey Fasel

Draft Guidance: Pharmacy Compounding Of Human Drug Products Under Section 503A Of The Federal Food, Drug, And Cosmetic Act

Following enactment of the Drug Quality and Security Act last month, FDA has quickly issued a new guidance for compounding pharmacies that choose to not register as "outsourcing facilities" and subject themselves to federal…more

Drug Compounding, FDA, Pharmaceutical, Pharmacies, Prescription Drugs

See All Updates »

Noam Fischman

What Companies Can Learn From The Ralph Lauren Corporation FCPA Case

Last week, a subsidiary of American fashion designer Ralph Lauren Corporation made global news for violations of The Foreign Corrupt Practices Act of 1977 ("FCPA"). In short, FCPA prohibits covered entities – i.e., those that…more

Compliance, DOJ, FCPA, Non-Prosecution Agreements, Ralph Lauren

See All Updates »

T. Jeffrey Fitzgerald

Fourteen Years Later: New OIG Guidance On Excluded Providers

In This Issue: - Exclusion from Federal Health Care Programs - The New Advisory Bulletin - What Providers Should Know - For More Information - Excerpt from Exclusion from Federal Health Care…more

Civil Monetary Penalty, Disclosure Requirements, Excluded Providers, False Claims Act, Healthcare

See All Updates »

Michael Flood

Health Reform + Related Health Policy News - December 2013

In This Issue: - Top News ..CMS Releases Payment Rules for the Medicare Physician Fee Schedule, Hospital Outpatient Prospective Payment System, Renal Dialysis and Home Health ..President Signs the Drug Quality and…more

CMS, Drug Compounding, FDA, Health Insurance Exchanges, Medicaid

See All Updates »

Kara Friedman

Updates To Need Determinations Show A General Decrease In Need For Health Care Facilities And Services In Illinois

On August 15, 2013, the Illinois Health Facilities and Services Review Board ("the Board") released updated inventories and need determinations for health service areas across the State. The new need determinations reveal a…more

Certificate of Need, Healthcare, Healthcare Professionals, Hospitals, Long Term Care Facilities

See All Updates »

Rebecca Frigy

Stolen Thumb Drive Sets HIPAA Precedent

A Massachusetts dermatology practice, Adult & Pediatric Dermatology, P.C. ("APDerm") recently agreed to pay $150,000 to settle potential violations of HIPAA Privacy, Security, and Breach Notification Rules. The settlement was…more

Data Breach, Data Protection, EHR, HIPAA, PHI

See All Updates »

Martin Frost

Renewable News - Spring 2013

In This Issue: - Federal Policy Update - TradeWind and Alabama Power Announce PPA for Kansas Project - NextEra Energy Resources Finalized Purchase of Kansas Project - Incentives Announced for $66 Million…more

Biofuel, Energy Projects, Renewable Energy, Wind Power

See All Updates »

Asher Funk

Health Reform + Related Health Policy News - January 2014, Issue 1

In This Issue: - Top News ..Congress Approves Budget Deal with Short-Term ‘Doc Fix' ..CMS “Two-Midnight” Rule delayed until March 31, 2014 ..Individuals with Canceled Insurance Policies May Apply for…more

Affordable Care Act, CMS, EHR, Exempt Organizations, Healthcare

See All Updates »

Sean Gallagher

Employer Immigration Information Now Available To The Public

Recent changes by the U.S. Department of Labor will make public certain information concerning their foreign national employees. On July 1, 2013, in furtherance of the Department of Labor's Open Government Initiative, the…more

DOL, Foreign Nationals, Labor Certifications

See All Updates »

Randy Gerber

What Hospitals Should Know About Payment Changes For 2013

In response to the government’s continued focus on improving quality of care through payment policy, several changes to new and existing regulatory requirements recently came about through the 2013 Inpatient Prospective Payment…more

CMS, Healthcare, Hospitals, Inpatient Quality Reporting, Medicare

See All Updates »

Mark Gershon

Renewable News - Spring 2013

In This Issue: - Federal Policy Update - TradeWind and Alabama Power Announce PPA for Kansas Project - NextEra Energy Resources Finalized Purchase of Kansas Project - Incentives Announced for $66 Million…more

Biofuel, Energy Projects, Renewable Energy, Wind Power

See All Updates »

J. Britton Gibson

Missouri Legislature Approves Six-Year Solar Rebate Phase-Out

As one of the final acts of the legislative session, on May 17th the Missouri legislature approved an amendment that will phase out the Missouri solar rebate between 2014 and 2020…more

Proposed Amendments, Rebates, Solar Energy

See All Updates »

Evan Gilbert

Update: SEC Releases Long-Awaited Proposed Crowdfunding Rules

In This Issue: - Requirements and Obligations Governing Crowdfunding Offerings - Regulation of Crowdfunding Portals - Additional Notable Provisions of the Proposed Rules - Next Steps - For More Information…more

Crowdfunding, Disclosure Requirements, Funding Portal, General Solicitation, JOBS Act

See All Updates »

Scott Gilbert

New Year’s Resolution — Protecting Your Business: 10 Employment Law Questions To Test Your Knowledge

In This Issue: - Employment Law New Year’s Quiz - For More Information - Excerpt from Employment Law New Year’s Quiz: 1. An employee has complained that he has been working long hours recently, but has…more

COOs, DOMA, Email Policies, FMLA, I-9

See All Updates »

Melissa Gilmore

FDA Issuing Referral Letters To State Boards Of Pharmacy Against Traditional Pharmacies

FDA has recently issued several "referral letters" (RLs) to state boards of pharmacy based on year-old pre-Compounding Quality Act Form 483 Inspectional Observations. FDA counts RLs as new instruments of oversight designed to…more

FDA, Pharmaceutical, Pharmacies

See All Updates »

Karen Glickstein

Supreme Court Gives Voice To Private Company Whistleblowers

Lawson v. FMR LLC - In a decision giving private company employers cause to reassess their employee policies and protocols, on March 4, 2014 the U.S. Supreme Court issued a split decision in Lawson v. FMR LLC that…more

Board of Directors, Contractors, FMR LLC, Lawson v FMR, Sarbanes-Oxley

See All Updates »

Robert Goldstein

A Preview Of Expected 2014 FDA And Legislative Actions Relating To The Food Industry

In This Issue: - Food Safety Modernization Act ..Produce Safety ..Human Food Risk Analysis ..Foreign Supplier Verification ..Accreditation of Food Safety Auditors ..Animal Food Risk Analysis…more

FDA, Food Safety, Foreign Suppliers, FSMA

See All Updates »

Mark Goran

Health Reform + Related Health Policy News - January 2014, Issue 1

In This Issue: - Top News ..Congress Approves Budget Deal with Short-Term ‘Doc Fix' ..CMS “Two-Midnight” Rule delayed until March 31, 2014 ..Individuals with Canceled Insurance Policies May Apply for…more

Affordable Care Act, CMS, EHR, Exempt Organizations, Healthcare

See All Updates »

Keith Grady

Supreme Court Rules That A Non-Competitor Has Standing To Assert False Advertising Claims

On March 25, the U.S. Supreme Court held that a company has standing to assert a false advertising claim against a non-competitor under Section 43(a) of the Lanham Act if it can "show economic or reputational injury flowing…more

Competition, False Advertising, SCOTUS

See All Updates »

Rodney Gray

Renewable News - Spring 2013

In This Issue: - Federal Policy Update - TradeWind and Alabama Power Announce PPA for Kansas Project - NextEra Energy Resources Finalized Purchase of Kansas Project - Incentives Announced for $66 Million…more

Biofuel, Energy Projects, Renewable Energy, Wind Power

See All Updates »

Linas Grikis

Cuts In Services May Leave Bigger Wounds

In a recent open letter, the Illinois Department of Financial and Professional Regulation (the "Department") advised providers of cuts in the Department's Medical Unit that will negatively impact the state's healthcare…more

Budget Cuts, Healthcare, Licenses, Physicians

See All Updates »

Lauren Groebe

HHS Extends Patient Access To Laboratories

On February 6, 2014, the Department of Health and Human Services (HHS) published a Final Rule amending regulations implementing the Clinical Laboratory Improvement Amendments of 1988 (CLIA) and the Health Insurance Portability…more

CLIA, EHR, HHS, HIPAA, OCR

See All Updates »

Virginia C. Gross

IRS Issues Guidance For Tax-Exempt Hospitals Under Section 501(R)

In This Issue: - What You Need to Know - Background ..Notice 2014-2 ..Notice 2014-3 - Correction of a Failure ..Proper Disclosure of Failure ..What You Should Do Now - Excerpt from…more

Exempt Organizations, Healthcare, Hospitals, IRS

See All Updates »

Michael Grubbs

Employers Beware: New NLRB General Counsel Appears To Set Agenda And Expand Employee And Union Rights

On February 25, the General Counsel for the National Labor Relations Board ("NLRB"), Richard F. Griffin, issued a Memorandum which signals an effort to expand employee and union rights in twelve (12) "initiatives and policy…more

Employee Rights, NLRB, Unions

See All Updates »

Kevin Gunn

U.S. Court Of Appeals Decision Likely To Impact State Transmission And RES Policies

On June 7th, 2013, the U.S. Court of Appeals for the Seventh Circuit issued an opinion that could have significant impacts on transmission and renewable energy policies all across the country…more

FERC, MISO, Renewable Energy, RTO, Transmission Lines

See All Updates »

Luke A. Hagedorn

U.S. Court Of Appeals Decision Likely To Impact State Transmission And RES Policies

On June 7th, 2013, the U.S. Court of Appeals for the Seventh Circuit issued an opinion that could have significant impacts on transmission and renewable energy policies all across the country…more

FERC, MISO, Renewable Energy, RTO, Transmission Lines

See All Updates »

Tracy Hammond

2014 Top Energy & Environmental Regulatory Issues

In This Issue: - Environmental Protection Agency ..NAAQS ..Tier 3 & 4 Standards ..Stormwater Control ..Hydraulic Fracturing Regulation ..Clean Water Act Expansion ..Renewable Fuels…more

Carbon Capture and Sequestration, Carbon Emissions, Clean Water Act, Department of the Interior, DOE

See All Updates »

Matthew Hans

Merger-To-Monopoly Held Not Protected By State-Action Immunity

The U.S. Supreme Court on February 19th scaled back the "state action immunity" doctrine, siding with the Federal Trade Commission on an issue that had divided the lower courts and holding that a county Hospital Authority's…more

Acquisitions, FTC, FTC v. Phoebe Putney Health System, Government Entities, Governmental Immunity

See All Updates »

Kathleen Hardee

A Preview Of Expected 2014 FDA And Legislative Actions Relating To The Food Industry

In This Issue: - Food Safety Modernization Act ..Produce Safety ..Human Food Risk Analysis ..Foreign Supplier Verification ..Accreditation of Food Safety Auditors ..Animal Food Risk Analysis…more

FDA, Food Safety, Foreign Suppliers, FSMA

See All Updates »

Larry Harris

Regulators’ New Focus On Director And Officer Liability Insurance; Other Considerations

The Federal Deposit Insurance Corporation (the “FDIC”) issued an advisory statement on October 10, 2013, titled “Director and Officer Liability Insurance – Policies, Exclusions, and Indemnification for Civil Money…more

D&O Insurance, Directors, FDIC, Indemnification, Officers

See All Updates »

Josephine Harvey

ACA "Pay Or Play" Deadline Extension — What It REALLY Means

On July 2, 2013, the U.S. Treasury announced that the Obama Administration is implementing a one-year delay of the employer and insurer reporting requirements under the Affordable Care Act of 2010 ("ACA")…more

Affordable Care Act, Deadlines, Delays, Employer Group Health Plans, Employer Mandates

See All Updates »

Tara Hawley

Supreme Court Gives Voice To Private Company Whistleblowers

Lawson v. FMR LLC - In a decision giving private company employers cause to reassess their employee policies and protocols, on March 4, 2014 the U.S. Supreme Court issued a split decision in Lawson v. FMR LLC that…more

Board of Directors, Contractors, FMR LLC, Lawson v FMR, Sarbanes-Oxley

See All Updates »

Brett Heger

Health Reform + Related Health Policy News - November 2013 - Issue 1

In This Issue: - Top News ..HHS Gives Mixed Messages Regarding Federal Health Care Program-Status of Qualified Health Care Plans (QHPs) ..HHS Issues Health Insurance Marketplace Enrollment Report Snapshot …more

Health Insurance Exchanges, Healthcare, HHS, Open Enrollment, Qualified Health Plans

See All Updates »

Robert Henderson

Protecting Your Organization From Fraudulent Investments: Red Flags Of Fraud And Due Diligence

The Great Recession flushed out many Ponzi schemes and other fraudulent investment vehicles, bringing to light their prevalence and devastating effects. As the economy begins to rebound, new investment mechanisms and other…more

Corporate Counsel, Due Diligence, Fraud, White Collar Crimes

See All Updates »

Robert Hingula

Don't Get The Summertime Blues: Properly Classifying Interns

As summer approaches, many businesses are receiving applications and requests from students for internships. In fact, many businesses have internship programs that not only offer students opportunities to increase their…more

Classification, Internships, Unpaid Interns

See All Updates »

William Hoffman

Health Reform + Related Health Policy News - January 2014, Issue 1

In This Issue: - Top News ..Congress Approves Budget Deal with Short-Term ‘Doc Fix' ..CMS “Two-Midnight” Rule delayed until March 31, 2014 ..Individuals with Canceled Insurance Policies May Apply for…more

Affordable Care Act, CMS, EHR, Exempt Organizations, Healthcare

See All Updates »

Bruce Hopkins

IRS Issues Guidance For Tax-Exempt Hospitals Under Section 501(R)

In This Issue: - What You Need to Know - Background ..Notice 2014-2 ..Notice 2014-3 - Correction of a Failure ..Proper Disclosure of Failure ..What You Should Do Now - Excerpt from…more

Exempt Organizations, Healthcare, Hospitals, IRS

See All Updates »

Jay Howard

Don't Be Left On The Sidelines: CMS Is Seeking Applications For A New Hospice Demonstration Program

Currently, Medicare patients that wish to receive palliative hospice care have a tough choice to make—forgo any curative treatment or incur all hospice care costs. This could change, however, with the recent launch of CMS's…more

CMS, Healthcare, Healthcare Reform, Hospice, Hospitals

See All Updates »

Cullin Hughes

Health Reform + Related Health Policy News - October 2013 - Issue 3

In This Issue: - Top News ..Deal to Raise Debt Ceiling, End Shutdown Yields No Major Changes to Health Care Law ..Problems with HealthCare.gov Website Continue; HHS Working to Fix Issues ..Kaiser Study…more

Abortion, Affordable Care Act, Debt Ceiling, Fraud, Government Shutdown

See All Updates »

Wesley Hurst

The Dog Ate My Evidence: Document Destruction Policies And The Duty To Preserve

In This Issue: - The Duty to Preserve ..What triggers the duty to preserve? ..Who has a duty to preserve? ..What is the scope of the duty to preserve? - Litigation Hold Notices - Potential Sanctions…more

Adverse Inference Instructions, Corporate Counsel, Document Retention Policies, Duty to Preserve, Evidence

See All Updates »

Sara Iams

Health Reform + Related Health Policy News - October 2013

In This Issue: - Top News ..Judge Orders $237.4 Million Penalty Against Tuomey for Stark Law and False Claims Act Violations ..Glitches and Demand Lead to Marketplace Frustration ..HHS Delays Small…more

Affordable Care Act, CMS, False Claims Act, FDA, Health Insurance Exchanges

See All Updates »

Steven Imber

New York Department Of Financial Services Fines Metlife Subsidiaries $60 Million

On March 31, 2014, Benjamin M. Lawsky, Superintendent of the New York Department of Financial Services ("NYDFS") announced an Agreement under which MetLife will pay $60 million for insurance licensing violations by two of its…more

Department of Financial Services, MetLife

See All Updates »

Quentin Jennings

A Preview Of Expected 2014 FDA And Legislative Actions Relating To The Food Industry

In This Issue: - Food Safety Modernization Act ..Produce Safety ..Human Food Risk Analysis ..Foreign Supplier Verification ..Accreditation of Food Safety Auditors ..Animal Food Risk Analysis…more

FDA, Food Safety, Foreign Suppliers, FSMA

See All Updates »

Samuel Jeter

Health Reform + Related Health Policy News - April 2014

In This Issue: - Top News ..Sebelius: No More Health Law Delays; No Enrollment Extension ..CMS Announces Innovative Hospice Care Model - State News ..17 States and D.C. Implementing SHOP Health Insurance…more

CMS, Health Insurance Exchanges, Healthcare Reform, HHS, Medicaid

See All Updates »

Bruce A. Johnson

Health Reform + Related Health Policy News - December 2013

In This Issue: - Top News ..CMS Releases Payment Rules for the Medicare Physician Fee Schedule, Hospital Outpatient Prospective Payment System, Renal Dialysis and Home Health ..President Signs the Drug Quality and…more

CMS, Drug Compounding, FDA, Health Insurance Exchanges, Medicaid

See All Updates »

Brian M. Johnston

Supreme Court Overturns The Sixth Circuit Court Of Appeals: Holds Severance Payments Subject To FICA Taxes

In this e-Alert, we address the recent United States Supreme Court decision in U.S. v. Quality Stores, Inc., et al, No. 12-1408 (Sup. Ct. 03/25/2014), whereby the United States Supreme Court unanimously overturned the prior…more

FICA Taxes, Quality Stores, SCOTUS, Severance Pay

See All Updates »

Russell Jones Jr.

Cyber Security: Are You At Risk?

In This Issue: - Prevention - Notification - Potential Litigation - Conclusion - Excerpt from Foreward: As the recent Target and Neiman Marcus data breaches made clear, cyber security is one of…more

Cybersecurity, Cybersecurity Framework, Data Breach, Data Breach Plans, Data Protection

See All Updates »

Bradley Kafka

D.C. US Court Of Appeals Labors Over Recess Appointments

Today, the United States Court of Appeals for the District of Columbia struck down a National Labor Relations Board ("Board") decision on the basis that the Board issuing the decision could not act lawfully, as it did not have…more

Barack Obama, Canning v NLRB, CFPB, NLRB, Petitioner v National Labor Relations Board

See All Updates »

Kathleen Kenney

HHS Extends Patient Access To Laboratories

On February 6, 2014, the Department of Health and Human Services (HHS) published a Final Rule amending regulations implementing the Clinical Laboratory Improvement Amendments of 1988 (CLIA) and the Health Insurance Portability…more

CLIA, EHR, HHS, HIPAA, OCR

See All Updates »

Kristin Kenney

Privacy Update: Complying With COPPA Under The FTC's New Children's Online Privacy Protection Rules

In December 2012, the Federal Trade Commission (FTC) issued updated rules to the Child's Online Privacy Protection Act (COPPA), which significantly expand COPPA's scope and application. COPPA, which governs the collection, use,…more

COPPA, Data Collection, Data Protection, FTC, ISPs

See All Updates »

Lindsay Kessler

CMS Creates "Open Payments" Website For Reporting Under The Physician Payment Sunshine Act

On April 12, 2013, the Center for Medicare and Medicaid Services (“CMS”) created the “Open Payments” website where reported information under Section 6002 of the Affordable Care Act (“ACA”), commonly referred to as the…more

CMS, Physician Payments, Sunshine Act, Websites

See All Updates »

Joan Killgore

Don't Be Left On The Sidelines: CMS Is Seeking Applications For A New Hospice Demonstration Program

Currently, Medicare patients that wish to receive palliative hospice care have a tough choice to make—forgo any curative treatment or incur all hospice care costs. This could change, however, with the recent launch of CMS's…more

CMS, Healthcare, Healthcare Reform, Hospice, Hospitals

See All Updates »

W. Terrence Kilroy

The NLRB Throws A Flag On The Northwestern Football Program

In a much awaited decision, the Regional Director for Region 13 of the National Labor Relations Board ("NLRB") has determined that grant-in-aid scholarship recipients on the Northwestern University football team are more than…more

College Athletes, NLRB, Unions

See All Updates »

John Kilroy, Jr.

Protecting Your Organization From Fraudulent Investments: Red Flags Of Fraud And Due Diligence

The Great Recession flushed out many Ponzi schemes and other fraudulent investment vehicles, bringing to light their prevalence and devastating effects. As the economy begins to rebound, new investment mechanisms and other…more

Corporate Counsel, Due Diligence, Fraud, White Collar Crimes

See All Updates »

Alicia Kirkpatrick

IRS Issues Guidance For Tax-Exempt Hospitals Under Section 501(R)

In This Issue: - What You Need to Know - Background ..Notice 2014-2 ..Notice 2014-3 - Correction of a Failure ..Proper Disclosure of Failure ..What You Should Do Now - Excerpt from…more

Exempt Organizations, Healthcare, Hospitals, IRS

See All Updates »

Sarah Kocher

Health Reform + Related Health Policy News - November 2013 - Issue 1

In This Issue: - Top News ..HHS Gives Mixed Messages Regarding Federal Health Care Program-Status of Qualified Health Care Plans (QHPs) ..HHS Issues Health Insurance Marketplace Enrollment Report Snapshot …more

Health Insurance Exchanges, Healthcare, HHS, Open Enrollment, Qualified Health Plans

See All Updates »

Gregory Kratofil

Cyber Security: Are You At Risk?

In This Issue: - Prevention - Notification - Potential Litigation - Conclusion - Excerpt from Foreward: As the recent Target and Neiman Marcus data breaches made clear, cyber security is one of…more

Cybersecurity, Cybersecurity Framework, Data Breach, Data Breach Plans, Data Protection

See All Updates »

Margaret LaBianca

Leaked Draft Rule Increases Federal Power Over Private Lands

Federal control over private lands would be expanded significantly under a proposed rule reportedly drafted by the Environmental Protection Agency ("EPA") and the U.S. Army Corps of Engineers ("Corps"). Industry groups…more

EPA, Excavation, Private Property, US Army Corps of Engineers

See All Updates »

John Leja

Divided Court Affirms De Novo Review For Claim Construction

On February 21, 2014, the Federal Circuit released its widely-anticipated decision in Lighting Ballast Control LLC v. Phillips Electronics North America Corporation. The decision renews the Court's commitment to fifteen years of…more

Patent Litigation, Patents, Philips Electronics, Trial de Novo

See All Updates »

Justin Liby

New York Department Of Financial Services Fines Metlife Subsidiaries $60 Million

On March 31, 2014, Benjamin M. Lawsky, Superintendent of the New York Department of Financial Services ("NYDFS") announced an Agreement under which MetLife will pay $60 million for insurance licensing violations by two of its…more

Department of Financial Services, MetLife

See All Updates »

D. Scott Lindstrom

Supreme Court Overturns The Sixth Circuit Court Of Appeals: Holds Severance Payments Subject To FICA Taxes

In this e-Alert, we address the recent United States Supreme Court decision in U.S. v. Quality Stores, Inc., et al, No. 12-1408 (Sup. Ct. 03/25/2014), whereby the United States Supreme Court unanimously overturned the prior…more

FICA Taxes, Quality Stores, SCOTUS, Severance Pay

See All Updates »

Jason Lundy

Proceed With Caution: Contracts Between Senior Communities And Placement Agencies May Not Violate The Anti-Kickback Statute

In This Issue: - Background of the Arrangement - The OIG’s Analysis: How the Senior Communities Reduced Their Risk - What Providers Should Know - Excerpt from Background of the Arrangement: The…more

Anti-Kickback Statute, Elder Care, Elder Issues, Nursing Homes, OIG

See All Updates »

Alison Lungstrum

Unsigned And Out Of Luck

In keeping with Missouri courts' increasingly narrow view of enforcing arbitration agreements in the employment arena, the Missouri Court of Appeals in Baier v. Darden Restaurants yesterday upheld the trial court's decision…more

Arbitration, Arbitration Agreements, Signatures

See All Updates »

Lauren K. Mack

IRS And Treasury Releases 2013-2014 Priority Guidance Plan

The Department of the Treasury and the IRS, on August 9, issued their 2013-2014 Priority Guidance Plan. This plan entails 324 tax law projects that are priorities for the allocation of the government's tax law administrative…more

Exempt Organizations, IRC, IRS, Priority Guidance Plan, Tax Exemptions

See All Updates »

Luke Mangan

"Every Asbestos Exposure Counts" - Maryland Affirms Theory

Maryland's highest appellate court ruled last week that a plaintiff's expert in an asbestos injury lawsuit could testify that every single exposure to asbestos substantially contributes to the development of mesothelioma,…more

Asbestos, Asbestos Litigation, Bodily Injury, Expert Testimony, Ford Motor

See All Updates »

James Martin

More Relief For Business: U.S. Supreme Court Continues To Restrict Far-Reaching Claims

In This Issue: - Comcast Corp v. Behrand - Take-Away from Comcast Corp v. Behrand - Standard Fire Insurance Co. v. Knowles - Take-Away from Standard Fire Insurance Co. v. Knowles Amgen Inc. v. -…more

American Express v Italian Colors Restaurant, Amgen Inc. v Connecticut Retirement Plans, Comcast v. Behrend, Oxford Health v Sutter, SCOTUS

See All Updates »

Christopher Mason

The NLRB Throws A Flag On The Northwestern Football Program

In a much awaited decision, the Regional Director for Region 13 of the National Labor Relations Board ("NLRB") has determined that grant-in-aid scholarship recipients on the Northwestern University football team are more than…more

College Athletes, NLRB, Unions

See All Updates »

Ryan McAteer

Health Reform + Related Health Policy News - December 2013

In This Issue: - Top News ..CMS Releases Payment Rules for the Medicare Physician Fee Schedule, Hospital Outpatient Prospective Payment System, Renal Dialysis and Home Health ..President Signs the Drug Quality and…more

CMS, Drug Compounding, FDA, Health Insurance Exchanges, Medicaid

See All Updates »

Jane McCahill

Cuts In Services May Leave Bigger Wounds

In a recent open letter, the Illinois Department of Financial and Professional Regulation (the "Department") advised providers of cuts in the Department's Medical Unit that will negatively impact the state's healthcare…more

Budget Cuts, Healthcare, Licenses, Physicians

See All Updates »

Lauren Tucker McCubbin

Have You Asked All The Right Questions?

In a recent alert, we outlined potential risks businesses face in the wake of cyber security threats as a result of inadequate data protection. 2013 had the highest number of recorded data breaches in over a decade…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection

See All Updates »

Ann McCullough

What Hospitals Should Know About Payment Changes For 2013

In response to the government’s continued focus on improving quality of care through payment policy, several changes to new and existing regulatory requirements recently came about through the 2013 Inpatient Prospective Payment…more

CMS, Healthcare, Hospitals, Inpatient Quality Reporting, Medicare

See All Updates »

Brendan McPherson

Protecting Your Organization From Fraudulent Investments: Red Flags Of Fraud And Due Diligence

The Great Recession flushed out many Ponzi schemes and other fraudulent investment vehicles, bringing to light their prevalence and devastating effects. As the economy begins to rebound, new investment mechanisms and other…more

Corporate Counsel, Due Diligence, Fraud, White Collar Crimes

See All Updates »

Leane Medford

The Dog Ate My Evidence: Document Destruction Policies And The Duty To Preserve

In This Issue: - The Duty to Preserve ..What triggers the duty to preserve? ..Who has a duty to preserve? ..What is the scope of the duty to preserve? - Litigation Hold Notices - Potential Sanctions…more

Adverse Inference Instructions, Corporate Counsel, Document Retention Policies, Duty to Preserve, Evidence

See All Updates »

Anthony Merrill

Have You Asked All The Right Questions?

In a recent alert, we outlined potential risks businesses face in the wake of cyber security threats as a result of inadequate data protection. 2013 had the highest number of recorded data breaches in over a decade…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection

See All Updates »

Susan Henderson Moore

Renewable News - Spring 2013

In This Issue: - Federal Policy Update - TradeWind and Alabama Power Announce PPA for Kansas Project - NextEra Energy Resources Finalized Purchase of Kansas Project - Incentives Announced for $66 Million…more

Biofuel, Energy Projects, Renewable Energy, Wind Power

See All Updates »

Matthew Murer

Health Reform + Related Health Policy News - April 2014

In This Issue: - Top News ..Sebelius: No More Health Law Delays; No Enrollment Extension ..CMS Announces Innovative Hospice Care Model - State News ..17 States and D.C. Implementing SHOP Health Insurance…more

CMS, Health Insurance Exchanges, Healthcare Reform, HHS, Medicaid

See All Updates »

Lucas Narducci

Protect Your Investment: EPA Changes Standard To Qualify For Liability Safe-Harbors

In December 30, 2013, the EPA approved the use of a new ASTM Phase I environmental site assessment standard, E1527-13 (“2013 Standard”), in order to satisfy the CERCLA “all appropriate inquires” rule and qualify for certain…more

ASTM, CERCLA, Environmental Liability, EPA, Safe Harbors

See All Updates »

Tara A. Nealy

The Future Of Patentable DNA: A Myriad Of Possibilities

In This Issue: - Summary - Case Analysis - Implications ..Prokaryotic Nucleic Acid Sequences ..Short Segments of Eukaryotic DNA ..Promoters/Regulatory regions ..Isolated Proteins …more

AMP v Myriad, DNA, Genetic Materials, Myriad, Patent-Eligible Subject Matter

See All Updates »

Darren Neil

Renewable News - Spring 2013

In This Issue: - Federal Policy Update - TradeWind and Alabama Power Announce PPA for Kansas Project - NextEra Energy Resources Finalized Purchase of Kansas Project - Incentives Announced for $66 Million…more

Biofuel, Energy Projects, Renewable Energy, Wind Power

See All Updates »

Hannah Neshek

Illinois Jury Found Nursing Home Liable For $28.1 Million In Whistleblower Case Alleging Substandard Care And Resident Abuse

An Illinois district court jury in United States v. Momence Meadows Nursing Center, Inc. recently issued a verdict on February 11, 2013 imposing $28.1 million in civil penalties on the operators of a nursing home. The nursing…more

Elder Abuse, False Claims Act, Fraud, Nursing Homes, Penalties

See All Updates »

Gerald Niederman

Clinical Integration On A Promise And A Plan Federal Trade Commission Declines To Challenge Norman PHO On Antitrust Grounds

In This Issue: - Norman PHO - Key Conclusions - Implications for Established and Newly Forming Networks - Excerpt from Norman PHO: The Norman PHO is comprised of a single hospital system and…more

Clinical Integration, Competition, FTC, Hospitals, Norman PHO

See All Updates »

Jennifer Osborn Nix

New York Department Of Financial Services Fines Metlife Subsidiaries $60 Million

On March 31, 2014, Benjamin M. Lawsky, Superintendent of the New York Department of Financial Services ("NYDFS") announced an Agreement under which MetLife will pay $60 million for insurance licensing violations by two of its…more

Department of Financial Services, MetLife

See All Updates »

Thomas O'Donnell

Under The New HIPAA Regime, A Lost Laptop Costs $1.5 Million But A Leased Photocopier Costs Almost As Much

Nearly one year after a Massachusetts provider paid $1.5 million to settle potential HIPAA violations for the theft of an unencrypted laptop containing protected health information (PHI), providers are reminded once again of how…more

Breach Notification Rule, Data Breach, FTC, HIPAA, HIPAA Omnibus Rule

See All Updates »

Mark Olthoff

Protecting Your Organization From Fraudulent Investments: Red Flags Of Fraud And Due Diligence

The Great Recession flushed out many Ponzi schemes and other fraudulent investment vehicles, bringing to light their prevalence and devastating effects. As the economy begins to rebound, new investment mechanisms and other…more

Corporate Counsel, Due Diligence, Fraud, White Collar Crimes

See All Updates »

Michael Orlowski

Disparate Impact Remains Fair Lending Risk To Banks

Lenders seeking judicial relief from the Consumer Financial Protection Bureau’s heightened enforcement of the Equal Credit Opportunity Act were left disappointed by the settlement of Mt. Holly v. Mt. Holly Gardens Citizens in…more

Banking Sector, CFPB, Creditors, Discrimination, Disparate Impact

See All Updates »

Alan K. Parver

Health Reform + Related Health Policy News - July 2013

In This Issue: - Top News ..Obama Administration Delays Employer Mandate One Year ..House Energy and Commerce Committee Releases Draft Legislation for SGR Fix ..CMS Proposes Payment Changes for Medicare…more

Affordable Care Act, CMS, Competitive Bidding, Contraceptive Coverage Mandate, Contraceptives

See All Updates »

Aaron Perry

Proposed And Final Rules Released Regarding The ACA's Individual Mandate

In This Issue: - Minimum Essential Coverage ..HHS Proposed Rule - Shared Responsibility Payments and Exemptions ..HHS Proposed Rule ..IRS Proposed Rule ..IRS Final Rule - Essential Health Benefits …more

Affordable Care Act, Congressional Budget Office, Essential Health Benefits, Health Insurance Exchanges, HHS

See All Updates »

Joseph Porter, Jr.

Disparate Impact Remains Fair Lending Risk To Banks

Lenders seeking judicial relief from the Consumer Financial Protection Bureau’s heightened enforcement of the Equal Credit Opportunity Act were left disappointed by the settlement of Mt. Holly v. Mt. Holly Gardens Citizens in…more

Banking Sector, CFPB, Creditors, Discrimination, Disparate Impact

See All Updates »

William Quick

Supreme Court Gives Voice To Private Company Whistleblowers

Lawson v. FMR LLC - In a decision giving private company employers cause to reassess their employee policies and protocols, on March 4, 2014 the U.S. Supreme Court issued a split decision in Lawson v. FMR LLC that…more

Board of Directors, Contractors, FMR LLC, Lawson v FMR, Sarbanes-Oxley

See All Updates »

Nancy Rafuse

Back To The Drawing Board For The Board

On January 6, 2014, the National Labor Relations Board (NLRB) announced that it would not seek Supreme Court review of two federal appeals court decisions striking down the NLRB's rule requiring employers to display "Employee…more

Employee Rights, NLRA, NLRB, Unfair Labor Practices

See All Updates »

Mitchell Raup

Federal Trade Commission And Competitors Successfully Challenge Hospital’s Acquisition Of Physician Practice

In This Issue: - What Providers Should Know - Background - Ruling - Excerpt from What Providers Should Know: A federal judge recently ordered a hospital system to unwind its year-old acquisition of…more

FC, Hart-Scott-Rodino Act, Healthcare, Hospitals

See All Updates »

Daniel Reinberg

Fourteen Years Later: New OIG Guidance On Excluded Providers

In This Issue: - Exclusion from Federal Health Care Programs - The New Advisory Bulletin - What Providers Should Know - For More Information - Excerpt from Exclusion from Federal Health Care…more

Civil Monetary Penalty, Disclosure Requirements, Excluded Providers, False Claims Act, Healthcare

See All Updates »

Rebecca Riley-Vargas, Ph.D.

The Future Of Patentable DNA: A Myriad Of Possibilities

In This Issue: - Summary - Case Analysis - Implications ..Prokaryotic Nucleic Acid Sequences ..Short Segments of Eukaryotic DNA ..Promoters/Regulatory regions ..Isolated Proteins …more

AMP v Myriad, DNA, Genetic Materials, Myriad, Patent-Eligible Subject Matter

See All Updates »

William Robbins

Further Guidance: NLRB General Counsel's Office Weighs In On Confidentiality During Workplace Investigations

Recently, the National Labor Relations Board's (NLRB) General Counsel Division of Advice ("Division of Advice") released a memorandum offering guidance to an NLRB Regional Director concerning employers requiring confidentiality…more

Confidential Employer Investigations, Internal Investigations, NLRA, NLRB

See All Updates »

Anthony Romano

Unsigned And Out Of Luck

In keeping with Missouri courts' increasingly narrow view of enforcing arbitration agreements in the employment arena, the Missouri Court of Appeals in Baier v. Darden Restaurants yesterday upheld the trial court's decision…more

Arbitration, Arbitration Agreements, Signatures

See All Updates »

Kristen Rosati

You're Not Immune: Hackers Target Health Care Providers Of All Shapes & Sizes

For health care providers, exposure to cyberattacks is becoming a stark reality. Findings in a recently released Health Care Cyberthreat Report by cybersecurity leaders confirmed the health care industry's vulnerabilities for…more

Cyber Attacks, Cybersecurity, Data Breach, Data Protection, Hackers

See All Updates »

Jonathan Rosen

What Companies Can Learn From The Ralph Lauren Corporation FCPA Case

Last week, a subsidiary of American fashion designer Ralph Lauren Corporation made global news for violations of The Foreign Corrupt Practices Act of 1977 ("FCPA"). In short, FCPA prohibits covered entities – i.e., those that…more

Compliance, DOJ, FCPA, Non-Prosecution Agreements, Ralph Lauren

See All Updates »

Matthew Ross

Renewable News - Spring 2013

In This Issue: - Federal Policy Update - TradeWind and Alabama Power Announce PPA for Kansas Project - NextEra Energy Resources Finalized Purchase of Kansas Project - Incentives Announced for $66 Million…more

Biofuel, Energy Projects, Renewable Energy, Wind Power

See All Updates »

William J. Sanders

Supreme Court Overturns The Sixth Circuit Court Of Appeals: Holds Severance Payments Subject To FICA Taxes

In this e-Alert, we address the recent United States Supreme Court decision in U.S. v. Quality Stores, Inc., et al, No. 12-1408 (Sup. Ct. 03/25/2014), whereby the United States Supreme Court unanimously overturned the prior…more

FICA Taxes, Quality Stores, SCOTUS, Severance Pay

See All Updates »

Thomas J. Schenkelberg

IRS Issues Guidance For Tax-Exempt Hospitals Under Section 501(R)

In This Issue: - What You Need to Know - Background ..Notice 2014-2 ..Notice 2014-3 - Correction of a Failure ..Proper Disclosure of Failure ..What You Should Do Now - Excerpt from…more

Exempt Organizations, Healthcare, Hospitals, IRS

See All Updates »

Erin Schilling

Federal Contractors Get In Compliance: New Self-Identification Form For Individuals With Disabilities Issued

New disability regulations issued by the Office of Federal Contract Compliance Programs (OFCCP) require covered federal contractors and subcontractors to invite applicants and employees to self-identify their disability status…more

Compliance, Disability, Federal Contractors, OFCCP, Self-Disclosure Requirements

See All Updates »

William Schutte

Update: SEC Releases Long-Awaited Proposed Crowdfunding Rules

In This Issue: - Requirements and Obligations Governing Crowdfunding Offerings - Regulation of Crowdfunding Portals - Additional Notable Provisions of the Proposed Rules - Next Steps - For More Information…more

Crowdfunding, Disclosure Requirements, Funding Portal, General Solicitation, JOBS Act

See All Updates »

Teddy Scott, Ph.D.

The Future Of Patentable DNA: A Myriad Of Possibilities

In This Issue: - Summary - Case Analysis - Implications ..Prokaryotic Nucleic Acid Sequences ..Short Segments of Eukaryotic DNA ..Promoters/Regulatory regions ..Isolated Proteins …more

AMP v Myriad, DNA, Genetic Materials, Myriad, Patent-Eligible Subject Matter

See All Updates »

Scot Seabaugh

It Is Not Over Yet: A new Dodd-Frank Act deadline is approaching

Originally published in BankNews - July 2012. As the calendar turns to July, it is not only the summer heat that is turned up, but the regulatory heat, as well. As part of the Dodd-Frank Wall Street Reform and Consumer…more

See All Updates »

Chuck Sheets

Proceed With Caution: Contracts Between Senior Communities And Placement Agencies May Not Violate The Anti-Kickback Statute

In This Issue: - Background of the Arrangement - The OIG’s Analysis: How the Senior Communities Reduced Their Risk - What Providers Should Know - Excerpt from Background of the Arrangement: The…more

Anti-Kickback Statute, Elder Care, Elder Issues, Nursing Homes, OIG

See All Updates »

Leon Silver

Don't Be A Bieber: How A Bad Attitude Or Poor Preparation For A Deposition Can Destroy Your Case

Recently, several clips from 20 year old pop-star Justin Bieber's video deposition made their way around the Internet. To say the least, he did not help his public image or his case. While it's easy to dismiss his behavior as…more

Depositions, Justin Beiber

See All Updates »

Andrew Speciale

Lying to Regulators … What’s The Risk?

In one of the most high-profile cases of its time, Martha Stewart was convicted of obstructing justice as a result of her intentional misrepresentation to Securities and Exchange Commission and FBI investigators regarding the…more

Brokers, False Statements, FBI, Investigations, Lying

See All Updates »

Harry Sporidis

Notable Healthcare Provisions Passed In The American Taxpayer Relief Act Of 2012

In This E-Alert: - Notable ATRA Provisions - Medicare Extensions - Other Health Provisions - Other Health Extensions - Excerpt from Notable ATRA Provisions: Medicare Physician Payment Update Among…more

American Taxpayer Relief Act, CMS, Extensions, MPFS, Overpayment

See All Updates »

Britton St. Onge

Contractually Controlling Future Litigation: Unanimous Supreme Court Enforces Forum-Selection Clauses

Many contracts today include "forum-selection clauses" which are intended to eliminate some of the uncertainty inherent in litigation by choosing at the outset where any disputes will be litigated. Last week, the United States…more

Forum Selection Clause, SCOTUS

See All Updates »

Kathryn Stalmack

Illinois Jury Found Nursing Home Liable For $28.1 Million In Whistleblower Case Alleging Substandard Care And Resident Abuse

An Illinois district court jury in United States v. Momence Meadows Nursing Center, Inc. recently issued a verdict on February 11, 2013 imposing $28.1 million in civil penalties on the operators of a nursing home. The nursing…more

Elder Abuse, False Claims Act, Fraud, Nursing Homes, Penalties

See All Updates »

Timothy Steffens

Cyber Security: Are You At Risk?

In This Issue: - Prevention - Notification - Potential Litigation - Conclusion - Excerpt from Foreward: As the recent Target and Neiman Marcus data breaches made clear, cyber security is one of…more

Cybersecurity, Cybersecurity Framework, Data Breach, Data Breach Plans, Data Protection

See All Updates »

Steven Stranne

Notable Healthcare Provisions Passed In The American Taxpayer Relief Act Of 2012

In This E-Alert: - Notable ATRA Provisions - Medicare Extensions - Other Health Provisions - Other Health Extensions - Excerpt from Notable ATRA Provisions: Medicare Physician Payment Update Among…more

American Taxpayer Relief Act, CMS, Extensions, MPFS, Overpayment

See All Updates »

David Streicker

Renewable News - Spring 2013

In This Issue: - Federal Policy Update - TradeWind and Alabama Power Announce PPA for Kansas Project - NextEra Energy Resources Finalized Purchase of Kansas Project - Incentives Announced for $66 Million…more

Biofuel, Energy Projects, Renewable Energy, Wind Power

See All Updates »

Kelly Sullivan

Protecting Viable Private Equity Investment In The Insurance Sector

In This Issue: - M&A Activity in the Insurance Industry - Developments in the M&A Regulatory Environment - NAIC Private Equity Issues (E) Working Group - The Working Group’s Proposals Subject to Comment …more

Casualty Insurance, Insurance Brokers, Insurers, NAIC, Private Equity

See All Updates »

Robert Sullivan

Protecting Viable Private Equity Investment In The Insurance Sector

In This Issue: - M&A Activity in the Insurance Industry - Developments in the M&A Regulatory Environment - NAIC Private Equity Issues (E) Working Group - The Working Group’s Proposals Subject to Comment …more

Casualty Insurance, Insurance Brokers, Insurers, NAIC, Private Equity

See All Updates »

James Swartz, Jr.

Supreme Court: Time Spent "Changing Clothes" Not Compensable

In rare agreement, the Supreme Court unanimously decided Monday that "changing clothes" as set forth in Section 203(o) of the FLSA includes donning and doffing protective gear, and can be non-compensable time under a collective…more

Collective Bargaining, FLSA, Sandifer v U.S. Steel Corp, SCOTUS, Workplace Attire

See All Updates »

Kevin Sweeney

Draft Guidance: Pharmacy Compounding Of Human Drug Products Under Section 503A Of The Federal Food, Drug, And Cosmetic Act

Following enactment of the Drug Quality and Security Act last month, FDA has quickly issued a new guidance for compounding pharmacies that choose to not register as "outsourcing facilities" and subject themselves to federal…more

Drug Compounding, FDA, Pharmaceutical, Pharmacies, Prescription Drugs

See All Updates »

William P. Sweeney

New Guidance Issued On Same-Sex Marriage Impact On Benefit Plans

The Internal Revenue Service ("IRS"), the Employee Benefits Security Administration ("EBSA") and the Department of Labor ("DOL") have recently provided new guidance with respect to how lawfully married same-sex spouses will be…more

DOL, DOMA, EBSA, ERISA, FMLA

See All Updates »

Tennille Syrstad

Health Reform + Related Health Policy News - October 2013

In This Issue: - Top News ..Judge Orders $237.4 Million Penalty Against Tuomey for Stark Law and False Claims Act Violations ..Glitches and Demand Lead to Marketplace Frustration ..HHS Delays Small…more

Affordable Care Act, CMS, False Claims Act, FDA, Health Insurance Exchanges

See All Updates »

Henry Talavera

ACA "Pay Or Play" Deadline Extension — What It REALLY Means

On July 2, 2013, the U.S. Treasury announced that the Obama Administration is implementing a one-year delay of the employer and insurer reporting requirements under the Affordable Care Act of 2010 ("ACA")…more

Affordable Care Act, Deadlines, Delays, Employer Group Health Plans, Employer Mandates

See All Updates »

Ryan Thurber

Health Reform + Related Health Policy News - April 2014

In This Issue: - Top News ..Sebelius: No More Health Law Delays; No Enrollment Extension ..CMS Announces Innovative Hospice Care Model - State News ..17 States and D.C. Implementing SHOP Health Insurance…more

CMS, Health Insurance Exchanges, Healthcare Reform, HHS, Medicaid

See All Updates »

Emily Tremmel

Don't Be Left On The Sidelines: CMS Is Seeking Applications For A New Hospice Demonstration Program

Currently, Medicare patients that wish to receive palliative hospice care have a tough choice to make—forgo any curative treatment or incur all hospice care costs. This could change, however, with the recent launch of CMS's…more

CMS, Healthcare, Healthcare Reform, Hospice, Hospitals

See All Updates »

Adam Troutwine

Protect Your Investment: EPA Changes Standard To Qualify For Liability Safe-Harbors

In December 30, 2013, the EPA approved the use of a new ASTM Phase I environmental site assessment standard, E1527-13 (“2013 Standard”), in order to satisfy the CERCLA “all appropriate inquires” rule and qualify for certain…more

ASTM, CERCLA, Environmental Liability, EPA, Safe Harbors

See All Updates »

Tracey Truitt

The Future Of Patentable DNA: A Myriad Of Possibilities

In This Issue: - Summary - Case Analysis - Implications ..Prokaryotic Nucleic Acid Sequences ..Short Segments of Eukaryotic DNA ..Promoters/Regulatory regions ..Isolated Proteins …more

AMP v Myriad, DNA, Genetic Materials, Myriad, Patent-Eligible Subject Matter

See All Updates »

Joseph Van Leer

Don't Be Left On The Sidelines: CMS Is Seeking Applications For A New Hospice Demonstration Program

Currently, Medicare patients that wish to receive palliative hospice care have a tough choice to make—forgo any curative treatment or incur all hospice care costs. This could change, however, with the recent launch of CMS's…more

CMS, Healthcare, Healthcare Reform, Hospice, Hospitals

See All Updates »

Jarrett Vine

Delaware Opinion In Indianapolis Downs Case Expands Third Party Releases And Approves Post-Petition Lock-Up Agreements

The Bankruptcy Court for the District of Delaware recently issued an opinion confirming a chapter 11 plan (i) based on a lock-up agreement between the debtor and its major creditors and (ii) containing third party releases that…more

Chapter 11, Lock-Up Agreement, Release Agreements, Third-Party Release Agrements

See All Updates »

Courtney (Brunsfeld) Vomund

New Guidance Issued On Same-Sex Marriage Impact On Benefit Plans

The Internal Revenue Service ("IRS"), the Employee Benefits Security Administration ("EBSA") and the Department of Labor ("DOL") have recently provided new guidance with respect to how lawfully married same-sex spouses will be…more

DOL, DOMA, EBSA, ERISA, FMLA

See All Updates »

Charles C. Vos

CEO Sundays: IP And Corporate FAQ’s For Tech Entrepreneurs

Originally published in TECHLI on December 9, 2012 The primary purposes of forming a corporate entity are to segregate individual liabilities from business liabilities, to create a structure for future investment in the…more

Patents

See All Updates »

Andrew Voss

Don't Be Left On The Sidelines: CMS Is Seeking Applications For A New Hospice Demonstration Program

Currently, Medicare patients that wish to receive palliative hospice care have a tough choice to make—forgo any curative treatment or incur all hospice care costs. This could change, however, with the recent launch of CMS's…more

CMS, Healthcare, Healthcare Reform, Hospice, Hospitals

See All Updates »

Peter Waltz

Update: SEC Releases Long-Awaited Proposed Crowdfunding Rules

In This Issue: - Requirements and Obligations Governing Crowdfunding Offerings - Regulation of Crowdfunding Portals - Additional Notable Provisions of the Proposed Rules - Next Steps - For More Information…more

Crowdfunding, Disclosure Requirements, Funding Portal, General Solicitation, JOBS Act

See All Updates »

Christopher Ward

Supreme Court Overturns The Sixth Circuit Court Of Appeals: Holds Severance Payments Subject To FICA Taxes

In this e-Alert, we address the recent United States Supreme Court decision in U.S. v. Quality Stores, Inc., et al, No. 12-1408 (Sup. Ct. 03/25/2014), whereby the United States Supreme Court unanimously overturned the prior…more

FICA Taxes, Quality Stores, SCOTUS, Severance Pay

See All Updates »

Mark Weisman

It’s Back... Are “Quickie” Elections On The Horizon Again?

On February 5, 2013, the National Labor Relations Board (NLRB) announced that it was again issuing amendments to its rules and regulations for the conduct of representation elections. The new rules are virtually the same as…more

NLRB, Quickie Election Rules, Union Elections

See All Updates »

Robert Wexler

Conflict Minerals Disclosure Compliance

The SEC has adopted a rule requiring SEC reporting companies to provide disclosures about conflict minerals that are "necessary to the functionality or production of a product manufactured by the company." Conflict minerals…more

Conflict Mineral Rules, Disclosure Requirements, SEC

See All Updates »

Emily Wey

Stolen Thumb Drive Sets HIPAA Precedent

A Massachusetts dermatology practice, Adult & Pediatric Dermatology, P.C. ("APDerm") recently agreed to pay $150,000 to settle potential violations of HIPAA Privacy, Security, and Breach Notification Rules. The settlement was…more

Data Breach, Data Protection, EHR, HIPAA, PHI

See All Updates »

Lon Williams, Jr.

Employer Immigration Information Now Available To The Public

Recent changes by the U.S. Department of Labor will make public certain information concerning their foreign national employees. On July 1, 2013, in furtherance of the Department of Labor's Open Government Initiative, the…more

DOL, Foreign Nationals, Labor Certifications

See All Updates »

Michael Williamson

A Preview Of Expected 2014 FDA And Legislative Actions Relating To The Food Industry

In This Issue: - Food Safety Modernization Act ..Produce Safety ..Human Food Risk Analysis ..Foreign Supplier Verification ..Accreditation of Food Safety Auditors ..Animal Food Risk Analysis…more

FDA, Food Safety, Foreign Suppliers, FSMA

See All Updates »

Steven Willman

Renewable News - Spring 2013

In This Issue: - Federal Policy Update - TradeWind and Alabama Power Announce PPA for Kansas Project - NextEra Energy Resources Finalized Purchase of Kansas Project - Incentives Announced for $66 Million…more

Biofuel, Energy Projects, Renewable Energy, Wind Power

See All Updates »

Mark Woodbury

Health Reform + Related Health Policy News - October 2013

In This Issue: - Top News ..Judge Orders $237.4 Million Penalty Against Tuomey for Stark Law and False Claims Act Violations ..Glitches and Demand Lead to Marketplace Frustration ..HHS Delays Small…more

Affordable Care Act, CMS, False Claims Act, FDA, Health Insurance Exchanges

See All Updates »

Patrick Woolley

CRS Report To Congress On Internet Governance

On November 13, 2013, the Congressional Research Service ("CRS") issued a report to Congress entitled "Internet Governance and the Domain Name System: Issues for Congress." The focus of the report is the United States' support…more

Domain Names, gTLD, ICANN, Intergovernmental Agreements, International Trade Disputes

See All Updates »

Andy Wright

2014 Top Energy & Environmental Regulatory Issues

In This Issue: - Environmental Protection Agency ..NAAQS ..Tier 3 & 4 Standards ..Stormwater Control ..Hydraulic Fracturing Regulation ..Clean Water Act Expansion ..Renewable Fuels…more

Carbon Capture and Sequestration, Carbon Emissions, Clean Water Act, Department of the Interior, DOE

See All Updates »

Phillip Zeeck

Federal Trade Commission And Competitors Successfully Challenge Hospital’s Acquisition Of Physician Practice

In This Issue: - What Providers Should Know - Background - Ruling - Excerpt from What Providers Should Know: A federal judge recently ordered a hospital system to unwind its year-old acquisition of…more

FC, Hart-Scott-Rodino Act, Healthcare, Hospitals

See All Updates »

Brian Zickefoose

Doubling Down: Supreme Court Issues Two Key Rulings Regarding Civil Rights Act Of 1964

On Monday, the Supreme Court of the United States issued two important opinions for employers facing liability and retaliation claims brought under Title VII of the Civil Rights Act of 1964 ("Title VII")…more

But For Causation, EEOC, Hiring & Firing, Racial Discrimination, Religious Discrimination

See All Updates »

David N. Zimmerman

Congress Approves The American Taxpayer Relief Act Of 2012, Preventing "Fiscal Cliff"

After much contention,Congress passed the American Taxpayer Relief Act of 2012, and President Obama signed the legislation on January 2, 2013. The Act avoids automatic sunset provisions that were scheduled to take effect…more

Alternative Minimum Tax, American Taxpayer Relief Act, Bush-Era Tax Cuts, Business Taxes, Capital Gains

See All Updates »

G. Gabriel Zorogastua

Federal Trade Commission And Competitors Successfully Challenge Hospital’s Acquisition Of Physician Practice

In This Issue: - What Providers Should Know - Background - Ruling - Excerpt from What Providers Should Know: A federal judge recently ordered a hospital system to unwind its year-old acquisition of…more

FC, Hart-Scott-Rodino Act, Healthcare, Hospitals

See All Updates »

Jamie Zveitel Kwiatek

ACA "Pay Or Play" Deadline Extension — What It REALLY Means

On July 2, 2013, the U.S. Treasury announced that the Obama Administration is implementing a one-year delay of the employer and insurer reporting requirements under the Affordable Care Act of 2010 ("ACA")…more

Affordable Care Act, Deadlines, Delays, Employer Group Health Plans, Employer Mandates

See All Updates »

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.