Polsinelli

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Kansas City, MO 64112, United States

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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

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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

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Missouri Legislature Overrides Governor Nixon To Pass Tax Cut Bill

In this issue, we address important new Missouri tax changes that were passed on May 6, 2014 after the Missouri Legislature overruled Governor Jay Nixon's veto. The legislation modifies the individual income tax rate table by…more

Business Taxes, Income Taxes, New Legislation, Tax Deductions, Tax Rates

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HHS Issues Special HIPAA Guidance for Ebola Outbreak

The U.S. Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR"), released a bulletin last week addressing how covered entities (including certain health care providers and employer group health plans)…more

Business Associates, Covered Entities, Ebola, Employer Liability Issues, Health Care Providers

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Ebola Ripple Effect: Eligible Nationals from Certain West African Nations Granted Temporary Protected Status

On November 20, 2014, Secretary of Homeland Security Jeh Johnson announced his decision to designate Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS) for 18 months due to the outbreak of the Ebola virus in…more

Ebola, Foreign Nationals, Popular, Temporary Protected Status

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Conspiracy? Ohio Federal Court Says No; Holds That Health System Joint Venture Is a Single Entity Incapable of Conspiring in Violation of the Sherman Act

When competing health care providers affiliate by contract, rather than by merger or acquisition, they often face the challenge of structuring their joint activities to avoid liability under § 1 of the Sherman Act, which…more

Health Care Providers, Healthcare, Joint Venture, Liability, Sherman Act

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Can You Satisfy CRA Requirements and Still Make Money? Try SBICs

Have you considered an investment in or creating a Small Business Investment Company? Doing so may provide financial institutions with a number of benefits, including credit toward annual investment requirements under the…more

Banks, Community Reinvestment Act, Economic Development, Financial Institutions, Financing

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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

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Proposed Regulations Expand Definition Of Real Estate For REITS To Include Solar Sites

In This Issue: - Solar Sites - The Proposed Regulations - Intangible Assets - Distinct Assets - Examples in the Proposed Regulations - Effective Date - Excerpt from Solar Sites: A key…more

Property Tax, Proposed Regulation, Real Estate Investments, REIT, Solar Energy

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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

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IRS and Department of Treasury Release 2014-2015 Priority Guidance Plan

On August 26, 2014, the IRS and the Department of the Treasury issued the 2014-2015 Priority Guidance Plan. The Priority Guidance Plan includes 18 exempt organization law projects and four projects relating to charitable giving…more

Exempt Organizations, Income Taxes, IRS, Non-Profits, Tax Exemptions

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

In This Issue: - Top News ..Congress Passes Omnibus Spending Package ..HRSA Cancels Plan for 340B ‘Mega Reg’; Congress Weighs Options ..Supreme Court to Hear Challenge to ACA Subsidies -…more

Affordable Care Act, Appropriations Bill, CMS, Halbig v Burwell, Healthcare

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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

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Catching Judge Sontchi’s “Flurry of Opinions” PARTS 2-3 OF 3

In This Issue: - In re: Energy Future Holdings Corp., et al, 14-10979 (CSS) (CSC Trust Company of Delaware, as Indenture Trustee, v. Energy Future Intermediate Holdings Company LLC and EFIH Finance, Inc., Adv. Pro No:…more

Chapter 11, Commercial Bankruptcy, Debt, Debtors, Indenture Trustee

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Can You Discriminate Against a Company's Race? Fourth Circuit Says Yes, Grants Standing to Sue for Racial Discrimination

Owners, contractors and other recipients of federal funds be aware: when construction or other federally-funded contracts sour, not only can contracting parties file lawsuits claiming breach of contract, but if the contracting…more

Construction Industry, Discrimination, Federal Contractors, Minority-Owned Businesses, Public Financing

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Ebola Ripple Effect: Eligible Nationals from Certain West African Nations Granted Temporary Protected Status

On November 20, 2014, Secretary of Homeland Security Jeh Johnson announced his decision to designate Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS) for 18 months due to the outbreak of the Ebola virus in…more

Ebola, Foreign Nationals, Popular, Temporary Protected Status

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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

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Anna Nicole Smith Revisited: Supreme Court Closes Gap on "Stern claims;" Declines to Clarify Jurisdiction for Certain Bankruptcy Litigation Claims

On Monday, the United States Supreme Court decided in Executive Benefits Insurance Agency v. Arkison that while bankruptcy courts do not have the power to make final decisions on so-called "Stern claims," they can try or "hear"…more

Article III, Chapter 7, Commercial Bankruptcy, EBIA v Arkison, Executive Benefits Insurance Agency

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340B State of Affairs – Study Reveals Benefits to Vulnerable, Chronically Ill Patients

The 340B provider community received welcome news from a recent study published by Health Affairs, which published a long-awaited report analyzing 12 months of outpatient prescription data to identify trends in 340B contract…more

340B, HHS, HRSA, Market Research, Pharmaceutical

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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

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Hospital's Lab Testing for Non-Patients Held to be Related Activity

On July 11, 2014, the IRS released a Technical Advice Memorandum ("TAM") finding that a tax-exempt hospital's income from the performance of laboratory services for non-patients was not subject to the unrelated business income…more

Exempt Organizations, Hospitals, Income Taxes, IRS, Tax Exemptions

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51 Flavors: A Survey of Small Estate Procedures Across the Country

Properly navigating a probate administration in any one state can be challenging enough, but often the client’s estate—and the attorney’s practice—is not so neatly confined within one state’s boundaries. Fortunately, for certain…more

Estate Planning, Probate

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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

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Missouri Insurance Department Reaches $7.8 Million Settlement with Anthem

The Missouri Department of Insurance, Financial Institutions and Professional Registration (DIFP) recently announced that it has entered into a $7.8 million regulatory settlement with Healthy Alliance Life Insurance Co. and HMO…more

Blue Cross, Blue Shield, Health Insurance, Insurers, Settlement

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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

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Employers: How Do Your Retirement Plans Treat Same-Sex Unions?

IRS Issues Long Awaited Guidance on Application of US v. Windsor to Retirement Plans - New IRS guidance means that action is required by employers sponsoring qualified retirement plans if the terms of the plan are…more

DOMA, Employee Benefits, Employer Liability Issues, IRS, Qualified Retirement Plans

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FDA Releases Final Cybersecurity Guidance for Medical Devices

Overview and General Principles - On October 2, 2014, the Food and Drug Administration (“FDA”) finalized guidance describing the FDA’s position on cybersecurity standards for medical devices. The guidance discusses…more

Cybersecurity, Electronically Stored Information, FDA, Final Guidance, Healthcare

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

In This Issue: - Top News ..Congress Passes Omnibus Spending Package ..HRSA Cancels Plan for 340B ‘Mega Reg’; Congress Weighs Options ..Supreme Court to Hear Challenge to ACA Subsidies -…more

Affordable Care Act, Appropriations Bill, CMS, Halbig v Burwell, Healthcare

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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

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Strategic Growth: Is a Merger of Equals Right for Your Organization?

In today’s complex regulatory and business environment, many community banks are considering either growing through acquisition or selling to a larger institution. As an alternative to these transactions, we are seeing an…more

Banks, C-Corporation, IRS, Mergers, S-Corporation

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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

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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

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Delaware Program Struck Down: Independent Legal Counsel Still Best Avenue for Private Arbitration

The U.S. Supreme Court decided last Monday to not hear a case involving the State of Delaware's effort to create a state-sponsored program where sitting judges could confidentially arbitrate business disputes. Lower courts held…more

Arbitrators, Business Disputes, Confidentiality, First Amendment, Judges

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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

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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

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Operation Delaware Shield: The Corporate Veil Is Alive and Well

In the recently concluded Cornell Glasgow, LLC v. Nichols, the Delaware Court of Chancery endorsed and upheld shielding individuals from personal liability through the "best practices" use of limited liability entities in…more

Corporate Counsel, Corporate Veil, Personal Liability, Professional Liability

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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

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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

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FDA Targets Medical Device Companies

FDA Developing New Risk and Benefit Perception Scale - Since 2008, the U.S. Food and Drug Administration has increased its presence and tightened its control over medical device companies, and this trend is expected to…more

Biotechnology, Enforcement, Enforcement Actions, FDA, Healthcare

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IRS and Department of Treasury Release 2014-2015 Priority Guidance Plan

On August 26, 2014, the IRS and the Department of the Treasury issued the 2014-2015 Priority Guidance Plan. The Priority Guidance Plan includes 18 exempt organization law projects and four projects relating to charitable giving…more

Exempt Organizations, Income Taxes, IRS, Non-Profits, Tax Exemptions

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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

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Treasury Notice on Inversions Leaves Basic Inversion Transactions Intact

In This Issue: - Deferred Earnings and Profits of CFCs - Code Section 956(e) - Code Section 7701(l) - Code Section 304(b)(5)(B) - Code Section 7874 - Request for Comments - For…more

CFCs, Corporate Taxes, Inversion, Tax Evasion, U.S. Treasury

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Springfield Employers Take Note: City Council Adds Sexual Orientation and Gender Identity to List of Protected Classes

On October 13, the Springfield, Missouri City Council, on a vote of 6-3, approved a bill expanding the city’s non-discrimination ordinance to include sexual orientation and gender identity as protected classes. Council…more

Discrimination, Gender Identity, Local Ordinance, Protected Class, Sexual Orientation Discrimination

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EEOC Issues New Enforcement Guidance on Pregnancy Discrimination and Related Issues

On July 14, 2014, the Equal Employment Opportunity Commission ("EEOC"), by a 3-to-2 vote of commissioners, issued Enforcement Guidance on Pregnancy Discrimination and Related Issues (the "Guidance"), along with a question and…more

ADA, Disability, Disability Discrimination, EEOC, Employee Rights

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Are You Forgetting Something?

In This Issue: - Qualified Plan Administrative and Compliance Deadlines (based on calendar year plan) - Health and Welfare Benefit Plan Administrative and Compliance Deadlines - Are Your Plans Subject to…more

Benefit Plan Sponsors, Deadlines, Employer Liability Issues, ERISA, IRS

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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

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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

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"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

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Delaware Program Struck Down: Independent Legal Counsel Still Best Avenue for Private Arbitration

The U.S. Supreme Court decided last Monday to not hear a case involving the State of Delaware's effort to create a state-sponsored program where sitting judges could confidentially arbitrate business disputes. Lower courts held…more

Arbitrators, Business Disputes, Confidentiality, First Amendment, Judges

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Ebola Ripple Effect: Eligible Nationals from Certain West African Nations Granted Temporary Protected Status

On November 20, 2014, Secretary of Homeland Security Jeh Johnson announced his decision to designate Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS) for 18 months due to the outbreak of the Ebola virus in…more

Ebola, Foreign Nationals, Popular, Temporary Protected Status

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Breaking: Chancery Court Issues Decision on Claims Against Independent Directors in Controlling Stockholder Transactions

Delaware decisional law on entire fairness review of controlling shareholder transactions has been complicated in part by the subtle distinction between facially disinterested directors (who are liable only where a specific,…more

Breach of Duty, Controlling Stockholders, Fiduciary Duty, Shareholder Litigation, Shareholders

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Health Reform + Related Health Policy News

Enrollment in Health Plans under ACA Exceeds Projected Number of 7 Million - The White House announced on April 1 that 7.1 million Americans had enrolled in health plans under the Affordable Care Act ("ACA")…more

Affordable Care Act, Healthcare Reform, HHS, HIPAA, Medicare

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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

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Employers Should Start Preparing Now for Big Changes Coming to Multiemployer Pension Plans

Yesterday, President Obama signed into law the most comprehensive legislation affecting multiemployer pension plans since the Multiemployer Pension Plan Amendments Act of 1980. The Multiemployer Pension Reform Act of 2014 (the…more

Barack Obama, Corporate Counsel, Multiemployer Plan, New Legislation, PBGC

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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

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

In This Issue: - Top News ..Congress Passes Omnibus Spending Package ..HRSA Cancels Plan for 340B ‘Mega Reg’; Congress Weighs Options ..Supreme Court to Hear Challenge to ACA Subsidies -…more

Affordable Care Act, Appropriations Bill, CMS, Halbig v Burwell, Healthcare

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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

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CMS Makes Limited Time Offer to Settle RAC Claims Pending Appeal

The Centers for Medicare and Medicaid Services (CMS) made an offer to settle currently pending RAC appeals for partial payment of 68 percent of the net claim amount if a hospital agrees to withdraw all of its RAC appeals. The…more

CMS, Healthcare, RACs

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Failure to Follow HIPAA Policies Results in $150,000 Liability and Corrective Action Plan

The U.S. Department of Health and Human Services, Office for Civil Rights (HHS-OCR) has recently released information about another HIPAA settlement, emphasizing yet again the government's focus on the Health Insurance…more

Healthcare Facilities, HIPAA, OCR, Patient Confidentiality Breaches, PHI

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Missouri Insurance Department Reaches $7.8 Million Settlement with Anthem

The Missouri Department of Insurance, Financial Institutions and Professional Registration (DIFP) recently announced that it has entered into a $7.8 million regulatory settlement with Healthy Alliance Life Insurance Co. and HMO…more

Blue Cross, Blue Shield, Health Insurance, Insurers, Settlement

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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

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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

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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

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

In This Issue: - Top News ..Congress Passes Omnibus Spending Package ..HRSA Cancels Plan for 340B ‘Mega Reg’; Congress Weighs Options ..Supreme Court to Hear Challenge to ACA Subsidies -…more

Affordable Care Act, Appropriations Bill, CMS, Halbig v Burwell, Healthcare

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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

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US Appeals Court Lights A Match On Issue Of Government Reimbursement For WWII Aviation Gasoline Waste Disposal

Two weeks ago the United States Court of Appeals, Federal Circuit re-opened the door to recovery of Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") cleanup costs under contractual provisions that…more

CERCLA, Cleanup Doctrine, Environmental Policies, Reimbursements, Superfund

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Can You Satisfy CRA Requirements and Still Make Money? Try SBICs

Have you considered an investment in or creating a Small Business Investment Company? Doing so may provide financial institutions with a number of benefits, including credit toward annual investment requirements under the…more

Banks, Community Reinvestment Act, Economic Development, Financial Institutions, Financing

See All Updates »

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

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You Are Now on the Clock — Sunshine Act Dispute Window Now Open

Beginning Monday, July 14, 2014, the review, dispute and correction process outlined the National Physician Payment Transparency Program (also known as the "Sunshine Act") opens on CMS's Open Payments website. Physicians and…more

Affordable Care Act, CMS, Drug Manufacturers, Health Insurance, Hospitals

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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

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This Article Will Self-Destruct: Your Employee’s Use of These ESI-Destroying Apps Could Subject You to Sanctions

In This Issue: - Can You Keep a Secret? There’s an App for That - Do Snapchat or Confide Produce “Documents” in the Eyes of the Law? What about Evidence? - Implications on Securities Fraud and Employment Issues…more

Corporate Counsel, Electronically Stored Information, Employer Liability Issues, Employment Policies, Evidence

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Is Your Facility Ready for Ebola?

Polsinelli presents Crisis Management: a multi-part series (culminating in a webinar on 11.20.2014) on what companies must know to stay ahead of external interruption that risks serious impact to their business concerns. Second…more

CDC, Crisis Management, Ebola, Employer Liability Issues, Healthcare Providers

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Failure to Follow HIPAA Policies Results in $150,000 Liability and Corrective Action Plan

The U.S. Department of Health and Human Services, Office for Civil Rights (HHS-OCR) has recently released information about another HIPAA settlement, emphasizing yet again the government's focus on the Health Insurance…more

Healthcare Facilities, HIPAA, OCR, Patient Confidentiality Breaches, PHI

See All Updates »

Ebola Scare: Are You Anticipating Your Insurance Risks?

The potential insurance implications of the worldwide Ebola crisis may be as far reaching as the virus itself. In addition to its human toll, businesses should not ignore the potential financial ramifications associated with…more

Business Interruption, Ebola, Liability Insurance

See All Updates »

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 »

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

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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

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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

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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 »

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

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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

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To Keep or Not Keep Your Employees Safe in the Face of Ebola: Is That Even a Question?

For employers, dealing with the Ebola "crisis" is not as theoretical as it has been made out to be. There are already a number of laws, regulations, and guidance in place to help pave the path for employers. This country has…more

CDC, Ebola, Safety Precautions

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Ebola Scare: Are You Anticipating Your Insurance Risks?

The potential insurance implications of the worldwide Ebola crisis may be as far reaching as the virus itself. In addition to its human toll, businesses should not ignore the potential financial ramifications associated with…more

Business Interruption, Ebola, Liability Insurance

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FDA Targets Medical Device Companies

FDA Developing New Risk and Benefit Perception Scale - Since 2008, the U.S. Food and Drug Administration has increased its presence and tightened its control over medical device companies, and this trend is expected to…more

Biotechnology, Enforcement, Enforcement Actions, FDA, Healthcare

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For Whom the Whistle Blows

In This Issue: - Applicability and Protected Activity - Procedure Governing Section 402 Claims - Five Steps to Compliance - For More Information - Excerpt from Applicability and Protected…more

Chief Compliance Officers, Employer Liability Issues, FDCA, Food Manufacturers, FSMA

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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

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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

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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 »

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 »

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

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You Are Now on the Clock — Sunshine Act Dispute Window Now Open

Beginning Monday, July 14, 2014, the review, dispute and correction process outlined the National Physician Payment Transparency Program (also known as the "Sunshine Act") opens on CMS's Open Payments website. Physicians and…more

Affordable Care Act, CMS, Drug Manufacturers, Health Insurance, Hospitals

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Hospital's Lab Testing for Non-Patients Held to be Related Activity

On July 11, 2014, the IRS released a Technical Advice Memorandum ("TAM") finding that a tax-exempt hospital's income from the performance of laboratory services for non-patients was not subject to the unrelated business income…more

Exempt Organizations, Hospitals, Income Taxes, IRS, Tax Exemptions

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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

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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

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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

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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

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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

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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

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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

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To Keep or Not Keep Your Employees Safe in the Face of Ebola: Is That Even a Question?

For employers, dealing with the Ebola "crisis" is not as theoretical as it has been made out to be. There are already a number of laws, regulations, and guidance in place to help pave the path for employers. This country has…more

CDC, Ebola, Safety Precautions

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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

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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

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Limited Time Offer! IRS Announces "Amnesty Program" for Flawed Correction of Late Annual Reports

Both the Department of Labor ("DOL") and the Internal Revenue Service ("IRS") can assess significant penalties if annual reports are not timely filed for certain retirement and health and welfare plans. However, years ago the…more

DOL, Employee Benefits, Health and Welfare Plans, Healthcare, IRS

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Health Reform + Related Health Policy News

Enrollment in Health Plans under ACA Exceeds Projected Number of 7 Million - The White House announced on April 1 that 7.1 million Americans had enrolled in health plans under the Affordable Care Act ("ACA")…more

Affordable Care Act, Healthcare Reform, HHS, HIPAA, Medicare

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Don't Delay: Deadline for ICD-10 Compliance for October 1, 2015 Still Underway

In a final rule released on July 31, the U.S. Department of Health and Human Services (HHS) confirmed October 1, 2015 as the compliance date for health care providers, health plans, and health care clearinghouses to transition…more

Compliance, Deadlines, Healthcare, Healthcare Reform, HHS

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Supreme Court Establishes New Standards: Removal Pleadings Now Less Burdensome For State Court Suits

Last week, the United States Supreme Court held that a notice of removal from state court to federal court requires only pleading good faith allegations that the amount in controversy exceeds a jurisdictional threshold. The…more

Amount in Controversy, CAFA, Class Action, Dart Cherokee Basin Operating Co. v. Owens, Diversity Jurisdiction

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Whose Email Is It Anyway? NLRB Substantially Limits Restrictions on Employee Use of Employer-Owned Email Systems

On December 11, 2014, a three-member majority of the National Labor Relations Board significantly limited how employers may control employee use of employer-owned email systems. In Purple Communications, Inc., 361 NLRB No. 126…more

Email, NLRB, Popular, Protected Concerted Activity, Purple Communications

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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

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SCOTUS Ruled on Monday that Closely Held Corporations Are Not Required to Provide Contraceptive Coverage

SCOTUS Ruled on Monday in Sylvia Burwell, Secretary of Health and Human Services, et al. v. Hobby Lobby Stores, Inc., et al., that the Federal Government cannot require closely held corporations to provide contraceptive health…more

Affordable Care Act, Burwell v Hobby Lobby, Contraceptive Coverage Mandate, Contraceptives, Hobby Lobby

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Recent 340B Orphan Drug Decision May Have Widespread Implications

In This Issue: - Orphan Drug Rule Background - PhRMA Sues to Block the Orphan Drug Rule - District Court Says HHS Overstepped Its Authority and Invalidates Orphan Drug Rule - Implications on the “Mega-Reg” -…more

340B, HHS, Orphan Drugs, Patent Litigation, Patents

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Hospital's Lab Testing for Non-Patients Held to be Related Activity

On July 11, 2014, the IRS released a Technical Advice Memorandum ("TAM") finding that a tax-exempt hospital's income from the performance of laboratory services for non-patients was not subject to the unrelated business income…more

Exempt Organizations, Hospitals, Income Taxes, IRS, Tax Exemptions

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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

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What's More Appealing Than Property Taxes? Recent Kansas Legislative Changes Make This Year An Opportune Time to Appeal Yours

Do you or your company own real property in Kansas? If so, then challenging your property's tax valuation is more appealing than ever, thanks to the 2014 Kansas Legislature…more

Legislative Agendas, Property Tax, Property Valuation, State Taxes

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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

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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

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Don't Delay: Deadline for ICD-10 Compliance for October 1, 2015 Still Underway

In a final rule released on July 31, the U.S. Department of Health and Human Services (HHS) confirmed October 1, 2015 as the compliance date for health care providers, health plans, and health care clearinghouses to transition…more

Compliance, Deadlines, Healthcare, Healthcare Reform, HHS

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Missouri Insurance Department Reaches $7.8 Million Settlement with Anthem

The Missouri Department of Insurance, Financial Institutions and Professional Registration (DIFP) recently announced that it has entered into a $7.8 million regulatory settlement with Healthy Alliance Life Insurance Co. and HMO…more

Blue Cross, Blue Shield, Health Insurance, Insurers, Settlement

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340B State of Affairs – Study Reveals Benefits to Vulnerable, Chronically Ill Patients

The 340B provider community received welcome news from a recent study published by Health Affairs, which published a long-awaited report analyzing 12 months of outpatient prescription data to identify trends in 340B contract…more

340B, HHS, HRSA, Market Research, Pharmaceutical

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Can You Discriminate Against a Company's Race? Fourth Circuit Says Yes, Grants Standing to Sue for Racial Discrimination

Owners, contractors and other recipients of federal funds be aware: when construction or other federally-funded contracts sour, not only can contracting parties file lawsuits claiming breach of contract, but if the contracting…more

Construction Industry, Discrimination, Federal Contractors, Minority-Owned Businesses, Public Financing

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For Whom the Whistle Blows

In This Issue: - Applicability and Protected Activity - Procedure Governing Section 402 Claims - Five Steps to Compliance - For More Information - Excerpt from Applicability and Protected…more

Chief Compliance Officers, Employer Liability Issues, FDCA, Food Manufacturers, FSMA

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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

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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

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Quick! Do Employers Need To Update Their COBRA Notices?

On May 2, 2014, the Department of Labor ("DOL") issued new model COBRA notices in conjunction with a proposed rule that would shift the role of the DOL's model COBRA notices from a helpful example to an indicator of required…more

COBRA, DHS, DOL, Employee Benefits, Healthcare

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Delaware Program Struck Down: Independent Legal Counsel Still Best Avenue for Private Arbitration

The U.S. Supreme Court decided last Monday to not hear a case involving the State of Delaware's effort to create a state-sponsored program where sitting judges could confidentially arbitrate business disputes. Lower courts held…more

Arbitrators, Business Disputes, Confidentiality, First Amendment, Judges

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Employers Should Start Preparing Now for Big Changes Coming to Multiemployer Pension Plans

Yesterday, President Obama signed into law the most comprehensive legislation affecting multiemployer pension plans since the Multiemployer Pension Plan Amendments Act of 1980. The Multiemployer Pension Reform Act of 2014 (the…more

Barack Obama, Corporate Counsel, Multiemployer Plan, New Legislation, PBGC

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Catching Judge Sontchi’s “Flurry of Opinions” PARTS 2-3 OF 3

In This Issue: - In re: Energy Future Holdings Corp., et al, 14-10979 (CSS) (CSC Trust Company of Delaware, as Indenture Trustee, v. Energy Future Intermediate Holdings Company LLC and EFIH Finance, Inc., Adv. Pro No:…more

Chapter 11, Commercial Bankruptcy, Debt, Debtors, Indenture Trustee

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Finding the Time: SEC Announces Deadline Extension for MCDC Initiative

Since 1995, the SEC’s Rule 15c-12 has, subject to a few exceptions, required the “post issuance” delivery of certain annual financial and operating information from parties that are obligated to provide for the repayment of…more

Deadlines, Disclosure Requirements, MCDC, Municipal Bonds, SEC

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It’s No Surprise: Health Care Data Breaches Are on the Rise and So Is Government Enforcement

In This Issue: - The Take-Aways for Covered Entities and Business Associates - For More Information - Excerpt from The Take-Aways for Covered Entities and Business Associates: As a majority of the…more

Business Associates, Covered Entities, Cybersecurity, Data Breach, Electronic Medical Records

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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

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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

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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

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NLRB Adopts Final "Quickie" Elections Rule

On December 12, the National Labor Relations Board (NLRB) announced that it is adopting amendments to its rules and regulations for the conduct of representation elections. These elections are known as “Quickie Elections” or…more

Final Rules, NLRB, Quickie Election Rules, Union Elections, Unions

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Supreme Court Establishes New Standards: Removal Pleadings Now Less Burdensome For State Court Suits

Last week, the United States Supreme Court held that a notice of removal from state court to federal court requires only pleading good faith allegations that the amount in controversy exceeds a jurisdictional threshold. The…more

Amount in Controversy, CAFA, Class Action, Dart Cherokee Basin Operating Co. v. Owens, Diversity Jurisdiction

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IRS and Department of Treasury Release 2014-2015 Priority Guidance Plan

On August 26, 2014, the IRS and the Department of the Treasury issued the 2014-2015 Priority Guidance Plan. The Priority Guidance Plan includes 18 exempt organization law projects and four projects relating to charitable giving…more

Exempt Organizations, Income Taxes, IRS, Non-Profits, Tax Exemptions

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Proposed Rule Expands Scope Of Waters Covered By Clean Water Act

On March 25, 2014, the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers jointly proposed a new rule to clarify the scope of waters subject to the Clean Water Act. The proposed rule redefines the meaning of…more

Clean Water Act, EPA, Jurisdiction, Public Comment, Rulemaking Process

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Can You Discriminate Against a Company's Race? Fourth Circuit Says Yes, Grants Standing to Sue for Racial Discrimination

Owners, contractors and other recipients of federal funds be aware: when construction or other federally-funded contracts sour, not only can contracting parties file lawsuits claiming breach of contract, but if the contracting…more

Construction Industry, Discrimination, Federal Contractors, Minority-Owned Businesses, Public Financing

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Here We Grow Again: Discover the legal issues fast-growing businesses confront.

Fast-growing businesses often encounter unique and accelerated business-related issues, such as a shortage of capital and human resources, due to their rapid expansion. Proactively dealing with the legal ramifications of these…more

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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

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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

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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

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Finding the Time: SEC Announces Deadline Extension for MCDC Initiative

Since 1995, the SEC’s Rule 15c-12 has, subject to a few exceptions, required the “post issuance” delivery of certain annual financial and operating information from parties that are obligated to provide for the repayment of…more

Deadlines, Disclosure Requirements, MCDC, Municipal Bonds, SEC

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Treasury Notice on Inversions Leaves Basic Inversion Transactions Intact

In This Issue: - Deferred Earnings and Profits of CFCs - Code Section 956(e) - Code Section 7701(l) - Code Section 304(b)(5)(B) - Code Section 7874 - Request for Comments - For…more

CFCs, Corporate Taxes, Inversion, Tax Evasion, U.S. Treasury

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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

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Missouri Insurance Department Reaches $7.8 Million Settlement with Anthem

The Missouri Department of Insurance, Financial Institutions and Professional Registration (DIFP) recently announced that it has entered into a $7.8 million regulatory settlement with Healthy Alliance Life Insurance Co. and HMO…more

Blue Cross, Blue Shield, Health Insurance, Insurers, Settlement

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Proposed Regulations Expand Definition Of Real Estate For REITS To Include Solar Sites

In This Issue: - Solar Sites - The Proposed Regulations - Intangible Assets - Distinct Assets - Examples in the Proposed Regulations - Effective Date - Excerpt from Solar Sites: A key…more

Property Tax, Proposed Regulation, Real Estate Investments, REIT, Solar Energy

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CMS Makes Limited Time Offer to Settle RAC Claims Pending Appeal

The Centers for Medicare and Medicaid Services (CMS) made an offer to settle currently pending RAC appeals for partial payment of 68 percent of the net claim amount if a hospital agrees to withdraw all of its RAC appeals. The…more

CMS, Healthcare, RACs

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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

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Ebola Ripple Effect: Eligible Nationals from Certain West African Nations Granted Temporary Protected Status

On November 20, 2014, Secretary of Homeland Security Jeh Johnson announced his decision to designate Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS) for 18 months due to the outbreak of the Ebola virus in…more

Ebola, Foreign Nationals, Popular, Temporary Protected Status

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With Prejudice: Judge Dismisses FCA Claim and Orders Sanctions Against Attorney

On October 16, 2014, United States Magistrate Judge Jeremiah McCarthy of the Western District of New York issued a Report and Recommendation to District Judge William Skretny in which he recommended dismissal with prejudice as a…more

Attorney Misconduct, False Claims Act, Rule 11, Sanctions, Whistleblowers

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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

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"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

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Strategic Growth: Is a Merger of Equals Right for Your Organization?

In today’s complex regulatory and business environment, many community banks are considering either growing through acquisition or selling to a larger institution. As an alternative to these transactions, we are seeing an…more

Banks, C-Corporation, IRS, Mergers, S-Corporation

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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

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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

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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

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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

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Ebola Scare: Are You Anticipating Your Insurance Risks?

The potential insurance implications of the worldwide Ebola crisis may be as far reaching as the virus itself. In addition to its human toll, businesses should not ignore the potential financial ramifications associated with…more

Business Interruption, Ebola, Liability Insurance

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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

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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

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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

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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

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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

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

In This Issue: - Top News ..Congress Passes Omnibus Spending Package ..HRSA Cancels Plan for 340B ‘Mega Reg’; Congress Weighs Options ..Supreme Court to Hear Challenge to ACA Subsidies -…more

Affordable Care Act, Appropriations Bill, CMS, Halbig v Burwell, Healthcare

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What's More Appealing Than Property Taxes? Recent Kansas Legislative Changes Make This Year An Opportune Time to Appeal Yours

Do you or your company own real property in Kansas? If so, then challenging your property's tax valuation is more appealing than ever, thanks to the 2014 Kansas Legislature…more

Legislative Agendas, Property Tax, Property Valuation, State Taxes

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Breaking News: SCOTUS Rules Today CERCLA Does Not Preempt State Statutes of Repose

The United States Supreme Court today ruled that the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), enacted in 1980 to "promote the timely cleanup of hazardous waste sites," does not pre-empt a…more

CERCLA, Contaminated Properties, CTS v Waldburger, Environmental Liability, Environmental Policies

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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

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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

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NLRB Adopts Final "Quickie" Elections Rule

On December 12, the National Labor Relations Board (NLRB) announced that it is adopting amendments to its rules and regulations for the conduct of representation elections. These elections are known as “Quickie Elections” or…more

Final Rules, NLRB, Quickie Election Rules, Union Elections, Unions

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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

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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

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New Washington Rule Clarifies Authority to Issue Penalties Against TPAs

The Washington State Department of Health has promulgated a new rule clarifying the Department's authority to issue civil penalties against health carriers and third-party administrators. This rule, which is outside the…more

Civil Monetary Penalty, Department of Health, Health Insurance, Healthcare, Insurers

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Proposed Regulations Expand Definition Of Real Estate For REITS To Include Solar Sites

In This Issue: - Solar Sites - The Proposed Regulations - Intangible Assets - Distinct Assets - Examples in the Proposed Regulations - Effective Date - Excerpt from Solar Sites: A key…more

Property Tax, Proposed Regulation, Real Estate Investments, REIT, Solar Energy

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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

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Supreme Court Establishes New Standards: Removal Pleadings Now Less Burdensome For State Court Suits

Last week, the United States Supreme Court held that a notice of removal from state court to federal court requires only pleading good faith allegations that the amount in controversy exceeds a jurisdictional threshold. The…more

Amount in Controversy, CAFA, Class Action, Dart Cherokee Basin Operating Co. v. Owens, Diversity Jurisdiction

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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

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Finding the Time: SEC Announces Deadline Extension for MCDC Initiative

Since 1995, the SEC’s Rule 15c-12 has, subject to a few exceptions, required the “post issuance” delivery of certain annual financial and operating information from parties that are obligated to provide for the repayment of…more

Deadlines, Disclosure Requirements, MCDC, Municipal Bonds, SEC

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Unanimous Supreme Court: Time Spent Awaiting and Undergoing Security Checks Not Compensable

On December 9th., the Supreme Court unanimously held that time spent by hourly warehouse workers waiting for and undergoing mandatory security screenings before leaving the warehouse is not compensable under the Fair Labor…more

FLSA, Integrity Staffing v Busk, Popular, SCOTUS, Security Checks

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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

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FDA Releases Final Cybersecurity Guidance for Medical Devices

Overview and General Principles - On October 2, 2014, the Food and Drug Administration (“FDA”) finalized guidance describing the FDA’s position on cybersecurity standards for medical devices. The guidance discusses…more

Cybersecurity, Electronically Stored Information, FDA, Final Guidance, Healthcare

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Operation Delaware Shield: The Corporate Veil Is Alive and Well

In the recently concluded Cornell Glasgow, LLC v. Nichols, the Delaware Court of Chancery endorsed and upheld shielding individuals from personal liability through the "best practices" use of limited liability entities in…more

Corporate Counsel, Corporate Veil, Personal Liability, Professional Liability

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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

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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

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"Excellent Sources" State FDA Restricts Nutrient Content Claims For Omega-3s On Labels

On April 28, 2014 the U.S. Food and Drug Administration (FDA) published a final rule (the Rule), prohibiting statements on food product labels and dietary supplement labels that claim products are "high in," "rich in," or an…more

Dietary Supplements, FDA, Final Rules, Food Labeling

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Finding the Time: SEC Announces Deadline Extension for MCDC Initiative

Since 1995, the SEC’s Rule 15c-12 has, subject to a few exceptions, required the “post issuance” delivery of certain annual financial and operating information from parties that are obligated to provide for the repayment of…more

Deadlines, Disclosure Requirements, MCDC, Municipal Bonds, SEC

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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

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How Employers Fared With the Supremes This Term and What the Future May Hold

During its recently concluded 2013 term, the U.S. Supreme Court issued decisions in two labor and employment cases, three constitutional or quasi-constitutional cases that impact labor and employment concerns, and one tax case…more

Burwell v Hobby Lobby, Canning v NLRB, Contraceptive Coverage Mandate, Corporate Counsel, Employee Rights

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Conspiracy? Ohio Federal Court Says No; Holds That Health System Joint Venture Is a Single Entity Incapable of Conspiring in Violation of the Sherman Act

When competing health care providers affiliate by contract, rather than by merger or acquisition, they often face the challenge of structuring their joint activities to avoid liability under § 1 of the Sherman Act, which…more

Health Care Providers, Healthcare, Joint Venture, Liability, Sherman Act

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Finding the Time: SEC Announces Deadline Extension for MCDC Initiative

Since 1995, the SEC’s Rule 15c-12 has, subject to a few exceptions, required the “post issuance” delivery of certain annual financial and operating information from parties that are obligated to provide for the repayment of…more

Deadlines, Disclosure Requirements, MCDC, Municipal Bonds, SEC

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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

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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

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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

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Breaking News: Missouri Supreme Court Abandons "Exclusive Causation" Standard For Workers' Compensation Retaliation

The Missouri Supreme Court ruled Tuesday that plaintiffs claiming workers' compensation retaliation need only prove that their workers' compensation claims were a "contributing factor" to any adverse employment action. The April…more

Adverse Employment Action, Burden of Proof, Disability Discrimination, Discrimination, Employer Liability Issues

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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

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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

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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

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News for Contractors and Construction Lenders in Arizona and Nevada – The Contractors' Lien May Trump the Bank's

In addition to an arid climate and plenty of sunshine, Arizona and Nevada have something more to offer contractors: a potentially advantageous position over lenders when a project goes bad. When a project derails and…more

Banks, Construction Contracts, Construction Defects, Construction Disputes, Construction Liens

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Here We Grow Again: Discover the legal issues fast-growing businesses confront.

Fast-growing businesses often encounter unique and accelerated business-related issues, such as a shortage of capital and human resources, due to their rapid expansion. Proactively dealing with the legal ramifications of these…more

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Treasury Notice on Inversions Leaves Basic Inversion Transactions Intact

In This Issue: - Deferred Earnings and Profits of CFCs - Code Section 956(e) - Code Section 7701(l) - Code Section 304(b)(5)(B) - Code Section 7874 - Request for Comments - For…more

CFCs, Corporate Taxes, Inversion, Tax Evasion, U.S. Treasury

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Breaking News: Missouri Supreme Court Abandons "Exclusive Causation" Standard For Workers' Compensation Retaliation

The Missouri Supreme Court ruled Tuesday that plaintiffs claiming workers' compensation retaliation need only prove that their workers' compensation claims were a "contributing factor" to any adverse employment action. The April…more

Adverse Employment Action, Burden of Proof, Disability Discrimination, Discrimination, Employer Liability Issues

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California's Eastern District: Government Agency Liable for Costs When Site Cleanup Is Mismanaged

In a ruling last month (California Department of Toxic Substances Control v. Jim Dobbas, Inc., et al), the United States District Court for the Eastern District of California held that the Department of Toxic Substances Control…more

CERCLA, DTSC, Governmental Liability, Remediation, Sovereign Immunity

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IRS and Department of Treasury Release 2014-2015 Priority Guidance Plan

On August 26, 2014, the IRS and the Department of the Treasury issued the 2014-2015 Priority Guidance Plan. The Priority Guidance Plan includes 18 exempt organization law projects and four projects relating to charitable giving…more

Exempt Organizations, Income Taxes, IRS, Non-Profits, Tax Exemptions

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Pursuing Or Engaging In Federal Work? New Affirmative Action Regulations May Apply To You

On March 24, 2014, new regulations for affirmative action requirements for protected veterans and individuals with disabilities from the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) took effect…more

Affirmative Action, Disability, OFCCP, Veterans, Vietnam Era Veterans’ Readjustment Assistance Act

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EEOC to Issue Proposed Regulations for Wellness Programs

The Equal Employment Opportunity Commission (EEOC) announced recently that it intends to issue proposed regulations in the next 60 days to clarify its enforcement authority under the Americans with Disabilities Act (ADA) with…more

ADA, EEOC, Employer Group Health Plans, Proposed Regulation, Wellness Programs

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Take-Home Exposure Claims Under Review by California's High Court

On August 20, 2014, the California Supreme Court granted petitions for review in two published decisions that reached different conclusions on whether a defendant owed a duty for take-home exposures. Both matters (Haver v. BNSF…more

Asbestos, Asbestos Litigation, Duty of Care, Mesothelioma, Take-Home Exposure

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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

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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

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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

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HFS Issues Clarification on MMAI Program

On August 8, 2014, the Illinois Department of Healthcare and Family Services (HFS) issued a three-page memo to long term care nursing home providers clarifying several issues regarding participation in the Medicare/Medicaid…more

Long Term Care Facilities, Long-Term Care, MCOs, Medicare-Medicaid Alignment Initiative

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Polsinelli Podcast - Business Litigation Survival Guide

If you own a business the reality is that one day you will likely face a lawsuit. That may mean a lawsuit you have to bring to enforce an agreement or protect your company, or one you have to defend against a disgruntled…more

Employer Liability Issues

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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

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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

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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

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HFS Issues Clarification on MMAI Program

On August 8, 2014, the Illinois Department of Healthcare and Family Services (HFS) issued a three-page memo to long term care nursing home providers clarifying several issues regarding participation in the Medicare/Medicaid…more

Long Term Care Facilities, Long-Term Care, MCOs, Medicare-Medicaid Alignment Initiative

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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

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What's More Appealing Than Property Taxes? Recent Kansas Legislative Changes Make This Year An Opportune Time to Appeal Yours

Do you or your company own real property in Kansas? If so, then challenging your property's tax valuation is more appealing than ever, thanks to the 2014 Kansas Legislature…more

Legislative Agendas, Property Tax, Property Valuation, State Taxes

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Changes Coming To Prescription Drug Advertising

FDA Developing New Risk and Benefit Perception Scale - On April 21, 2014, continuing its scrutiny of the disclosures of risks and benefits in prescription drug advertising, FDA announced a plan to conduct a study…more

Advertising, FDA, Prescription Drugs

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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

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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 »

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

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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

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Unanimous Supreme Court: Time Spent Awaiting and Undergoing Security Checks Not Compensable

On December 9th., the Supreme Court unanimously held that time spent by hourly warehouse workers waiting for and undergoing mandatory security screenings before leaving the warehouse is not compensable under the Fair Labor…more

FLSA, Integrity Staffing v Busk, Popular, SCOTUS, Security Checks

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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

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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

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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

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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

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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

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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

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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

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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 »

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

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Quick! Do Employers Need To Update Their COBRA Notices?

On May 2, 2014, the Department of Labor ("DOL") issued new model COBRA notices in conjunction with a proposed rule that would shift the role of the DOL's model COBRA notices from a helpful example to an indicator of required…more

COBRA, DHS, DOL, Employee Benefits, Healthcare

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340B State of Affairs – Study Reveals Benefits to Vulnerable, Chronically Ill Patients

The 340B provider community received welcome news from a recent study published by Health Affairs, which published a long-awaited report analyzing 12 months of outpatient prescription data to identify trends in 340B contract…more

340B, HHS, HRSA, Market Research, Pharmaceutical

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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

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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

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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

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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

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Delaware Program Struck Down: Independent Legal Counsel Still Best Avenue for Private Arbitration

The U.S. Supreme Court decided last Monday to not hear a case involving the State of Delaware's effort to create a state-sponsored program where sitting judges could confidentially arbitrate business disputes. Lower courts held…more

Arbitrators, Business Disputes, Confidentiality, First Amendment, Judges

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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

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Catching Judge Sontchi’s “Flurry of Opinions” PARTS 2-3 OF 3

In This Issue: - In re: Energy Future Holdings Corp., et al, 14-10979 (CSS) (CSC Trust Company of Delaware, as Indenture Trustee, v. Energy Future Intermediate Holdings Company LLC and EFIH Finance, Inc., Adv. Pro No:…more

Chapter 11, Commercial Bankruptcy, Debt, Debtors, Indenture Trustee

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Health Reform + Related Health Policy News

Enrollment in Health Plans under ACA Exceeds Projected Number of 7 Million - The White House announced on April 1 that 7.1 million Americans had enrolled in health plans under the Affordable Care Act ("ACA")…more

Affordable Care Act, Healthcare Reform, HHS, HIPAA, Medicare

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Pursuing Or Engaging In Federal Work? New Affirmative Action Regulations May Apply To You

On March 24, 2014, new regulations for affirmative action requirements for protected veterans and individuals with disabilities from the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) took effect…more

Affirmative Action, Disability, OFCCP, Veterans, Vietnam Era Veterans’ Readjustment Assistance Act

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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

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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

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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

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To Keep or Not Keep Your Employees Safe in the Face of Ebola: Is That Even a Question?

For employers, dealing with the Ebola "crisis" is not as theoretical as it has been made out to be. There are already a number of laws, regulations, and guidance in place to help pave the path for employers. This country has…more

CDC, Ebola, Safety Precautions

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Labeling Laws for the Food and Beverage Industry – Unfair Competition and Mislabeled Products

In a recent unanimous U.S. Supreme Court ruling, the court opened the door for private parties, including competitors, to bring false advertising and misrepresentation claims under the Lanham Act even if the product labels…more

Advertising, Coca Cola, False Advertising, FDA, FDCA

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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 »

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 »

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

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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

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Finding the Time: SEC Announces Deadline Extension for MCDC Initiative

Since 1995, the SEC’s Rule 15c-12 has, subject to a few exceptions, required the “post issuance” delivery of certain annual financial and operating information from parties that are obligated to provide for the repayment of…more

Deadlines, Disclosure Requirements, MCDC, Municipal Bonds, SEC

See All Updates »

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

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Finding the Time: SEC Announces Deadline Extension for MCDC Initiative

Since 1995, the SEC’s Rule 15c-12 has, subject to a few exceptions, required the “post issuance” delivery of certain annual financial and operating information from parties that are obligated to provide for the repayment of…more

Deadlines, Disclosure Requirements, MCDC, Municipal Bonds, SEC

See All Updates »

Can You Discriminate Against a Company's Race? Fourth Circuit Says Yes, Grants Standing to Sue for Racial Discrimination

Owners, contractors and other recipients of federal funds be aware: when construction or other federally-funded contracts sour, not only can contracting parties file lawsuits claiming breach of contract, but if the contracting…more

Construction Industry, Discrimination, Federal Contractors, Minority-Owned Businesses, Public Financing

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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

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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

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Employers: How Do Your Retirement Plans Treat Same-Sex Unions?

IRS Issues Long Awaited Guidance on Application of US v. Windsor to Retirement Plans - New IRS guidance means that action is required by employers sponsoring qualified retirement plans if the terms of the plan are…more

DOMA, Employee Benefits, Employer Liability Issues, IRS, Qualified Retirement Plans

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Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Arizona
  • California
  • Colorado
  • D.C.
  • Delaware
  • Georgia
  • Illinois
  • Kansas
  • Missouri
  • New York
  • Tennessee
  • Texas
Number of Attorneys

400+ Attorneys

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