Polsinelli

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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To Forgive, Divine: Tax Amnesty Program Signed Into Law

On Tuesday, April 27, 2015, Missouri Governor Jay Nixon signed House Bill 384, which creates a Tax Amnesty Program for taxes administered by the Missouri Department of Revenue. This includes state income taxes, franchise taxes,…more

Income Taxes, Sales & Use Tax, Tax Amnesty, Withholding Tax

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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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Judge Endorses Extrapolation Techniques for False Claims Act Whistleblowers

In a lawsuit brought under the False Claims Act ("FCA") a federal district judge in Florida recently rejected a defendant's challenge to a statistical sampling and extrapolation methodology advanced by a qui tam plaintiff's…more

Burden of Proof, Daubert Standards, FCA, Florida, Medicaid

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Visa Processing Nearly Back Online After Critical Hardware Failure, but Bottleneck May Take Weeks to Clear

After a major hardware failure on June 9th that created significant delays in processing and issuing visas, the Consular Consolidated Database (CCD) for U.S. Embassies and Consulates worldwide is nearly back online. As of June…more

Agricultural Workers, CCD, Passports, Popular, Security Checks

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Health Care and Legal Services Providers Challenge State Regulatory Boards on Heels of SCOTUS State Action Antitrust Immunity Decision

On February 25, 2015, the U.S. Supreme Court narrowed the scope of antitrust immunity for state regulatory boards whose members are active market participants in the occupation regulated by the boards. In North Carolina State…more

Dental Practice, FTC, Healthcare, LegalZoom, NC Board of Dental Examiners v FTC

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DOJ Issues New Cyber-Incident Preparedness and Response Guidance

The Department of Justice (DOJ) released new guidance on cyber preparedness and incident response last week, becoming the latest federal agency to do so in recent months. Newly sworn-in Attorney General, Loretta Lynch, has…more

Attorney Generals, Cyber Crimes, Cybersecurity Framework, Data Protection, DOJ

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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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Designers, Contractors and Insurers Take Note: Recent Amendment to IL Statute of Repose Strips Asbestos Defense, Exposes Decades of Liability

On December 19, 2014 the Illinois legislature amended the Illinois construction statute of repose to eliminate its protection in asbestos exposure cases (Public Act 098-1131). Beginning June 1, 2015, design professionals and…more

Amended Regulation, Asbestos, Construction Industry, Liability, Statute of Repose

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Accountable Care Organization Update

In This Issue: - Summary of Next Generation ACO Model - Summary of Additional Guidance on ACO Pre-Participation & Participation Waivers - For More Information - Excerpt from Summary of Next Generation…more

ACOs, Applications, CMS, Health Care Providers, Healthcare

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Regulators' Actions Against Charities that Swindled $187 Million from Donors Serve as Compliance Reminder

On May 18, 2015, the Federal Trade Commission (FTC) and 58 agencies from all 50 states and the District of Columbia filed a complaint charging four cancer charities and the individuals controlling them with allegedly swindling…more

Attorney Generals, Cancer, Charitable Donations, Charitable Organizations, Charity Navigator

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Brand Protection for Start-Up Breweries: A Six-Pack of Tips

As most brewery owners already know, your brand is a crucial business asset that takes a great deal of time, energy and money to establish. There are many things to consider when developing a brand strategy for your brewery;…more

Young Lawyers

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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 Weighs in on Defenses to Induced Infringement

Earlier this week, the Supreme Court provided much needed guidance regarding the availability of certain defenses to claims of induced infringement. Commil USA, LLC v. Cisco Systems, Inc., U.S. Supreme Court, No. 13-896, May 26,…more

Cisco v CommilUSA, Good Faith, Induced Infringement, Patent Infringement, Patent Invalidity

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St. Luke's Health: Does Improving Patient Care Justify a Merger Under Antitrust Law? Ninth Circuit Says "No" and Orders Divestiture

Healthcare providers frequently consolidate to cut costs and improve patient care. These benefits can result from sharing administrative costs such as billing and electronic recordkeeping, eliminating excess capacity, better…more

Antitrust Provisions, Divestiture, FTC, Hospital Mergers, Hospitals

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California Doesn't Care Where Your Headquarters Are Located – Your Employees May Be Covered Under its New Mandatory Paid Sick Leave Act

Are you a non-California company with employees who work in California from time to time? California's Healthy Workplaces, Healthy Families Act of 2014 ("the Act") provides for mandatory paid sick leave to any employee working…more

Airlines, Collective Bargaining, Compliance, Earned Sick Time, Healthy Workplaces Healthy Families Act 2014

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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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Stop, Think, and Be Careful What You Ask For: Lessons and Opportunities Created by Recent Arbitration Ruling

On April 21, 2015, the Missouri Court of Appeals in City of Chesterfield v. Frederich Construction Inc. upheld an arbitration award that included substantial attorneys' fees to the prevailing party, in a construction case where…more

AAA, American Arbitration Association, American Rule, Appeals, Attorney's Fees

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Accountable Care Organization Update

In This Issue: - Summary of Next Generation ACO Model - Summary of Additional Guidance on ACO Pre-Participation & Participation Waivers - For More Information - Excerpt from Summary of Next Generation…more

ACOs, Applications, CMS, Health Care Providers, Healthcare

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USPTO Provides Example Patent Eligible Software Claims

After the Alice decision last summer by the Supreme Court, a large number of business method and software patents have been invalidated or found unpatentable by federal courts and the Patent Office as being drawn to abstract…more

CLS Bank v Alice Corp, Covered Business Method Patents, Interim Guidance, Patent-Eligible Subject Matter, Patents

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Amendment Reducing Illinois Juries from 12 to 6 About to Take Effect

Courtrooms in Illinois will begin to see a new makeup of juries soon, as effective June 1, 2015, all jury cases shall be tried by a jury of six. Previously, cases in which alleged damages exceeded $50,000 were tried by a jury of…more

Amended Legislation, Governor Quinn, Jury Selection, Jury Trial, New Legislation

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New This Month: MO Supreme Court Limits the Construction Industry's Use of Certain Sales and Use Tax Exemptions

On January 13, 2015, the Missouri Supreme Court issued three decisions on sales and use tax that have limited the construction industry's ability to utilize certain exemptions in those areas. Companies that utilize such…more

Construction Industry, Contractors, General Contractors, Sales & Use Tax, Subcontractors

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Visa Processing Nearly Back Online After Critical Hardware Failure, but Bottleneck May Take Weeks to Clear

After a major hardware failure on June 9th that created significant delays in processing and issuing visas, the Consular Consolidated Database (CCD) for U.S. Embassies and Consulates worldwide is nearly back online. As of June…more

Agricultural Workers, CCD, Passports, Popular, Security Checks

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St. Luke's Health: Does Improving Patient Care Justify a Merger Under Antitrust Law? Ninth Circuit Says "No" and Orders Divestiture

Healthcare providers frequently consolidate to cut costs and improve patient care. These benefits can result from sharing administrative costs such as billing and electronic recordkeeping, eliminating excess capacity, better…more

Antitrust Provisions, Divestiture, FTC, Hospital Mergers, Hospitals

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Provider Alleges Retaliatory Use of Medicare Payment Suspension

A federal court has ordered discovery regarding the circumstances of a Medicare payment suspension by CMS only one week after failed settlement negotiations between a cardiology practice and the Department of Justice (DOJ) to…more

CMS, Discovery, DOJ, False Claims Act, Fraud

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Colorado Supreme Court: Terminating an Employee for Marijuana Use Does Not Violate the Colorado Lawful Activities Statute

On June 15, 2015, the Colorado Supreme Court held that the Colorado Lawful Activity Statute does not prohibit an employer from terminating the employment of an employee for off-the-job use of medical marijuana. However, this…more

CO Supreme Court, Coats v Dish Network, Dish Network, Employment Policies, Hiring & Firing

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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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Special Update: OPA Sends 340B Program Omnibus Guidelines to Office of Management and Budget

On Wednesday, May 6, the Health Resources and Services Administration, Office of Pharmacy Affairs (“OPA”) forwarded a draft copy of its 340B Program Omnibus Guidelines (“Guidelines”) to the Office of Management and Budget for…more

340B, Medicaid, OMB, Pharmaceutical, PHSA

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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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IRS Issues Long-Awaited Final Regulations for Charitable Hospitals

In This Issue: - What You Should Do - Background - Final Regulations - Hospital Facilities and Organizations - Failures to Satisfy the Requirements of Section 501(r) - Community Health…more

Affordable Care Act, Charitable Organizations, CHNA, Exempt Organizations, Final Rules

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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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Judge Endorses Extrapolation Techniques for False Claims Act Whistleblowers

In a lawsuit brought under the False Claims Act ("FCA") a federal district judge in Florida recently rejected a defendant's challenge to a statistical sampling and extrapolation methodology advanced by a qui tam plaintiff's…more

Burden of Proof, Daubert Standards, FCA, Florida, Medicaid

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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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St. Luke's Health: Does Improving Patient Care Justify a Merger Under Antitrust Law? Ninth Circuit Says "No" and Orders Divestiture

Healthcare providers frequently consolidate to cut costs and improve patient care. These benefits can result from sharing administrative costs such as billing and electronic recordkeeping, eliminating excess capacity, better…more

Antitrust Provisions, Divestiture, FTC, Hospital Mergers, Hospitals

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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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HIPAA Enforcement Remains a Concern for Providers of All Sizes

On Monday, April 27, 2015, the Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR") announced a settlement with Cornell Prescription Pharmacy ("Cornell"). Under the Resolution Agreement, Cornell…more

Document Destruction, Enforcement Actions, HIPAA, OCR, Pharmacies

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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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Senate Committee Passes Bill Addressing Medicare Appeals Inefficiencies

On June 3, 2015, the Senate Finance Committee passed an original bill that aims to streamline and improve the Medicare Audit and Appeals Process. The Medicare appeals process has recently faced scrutiny from industry leaders for…more

ALJ, Appeals, CMS, Healthcare, HHS

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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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CFPB Goes Public and Steps Up Enforcement Activity

The Consumer Financial Protection Bureau (CFPB) recently announced what may be its boldest move yet: a $63 million enforcement action in coordination with the Federal Trade Commission (FTC) against Minnesota-based mortgage…more

CFPB, Department of Veterans Affairs, Enforcement Actions, FCRA, FHA

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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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DOL Releases Controversial Proposal, Signifying Regulatory Intent to Expand Fiduciary Standard

On April 14, 2015, the U.S. Department of Labor ("DOL") released a controversial proposal that would require financial advisors to put their clients' interests ahead of their own when recommending retirement investments…more

Comment Period, DOL, Fiduciary Duty, Fiduciary Liability, Financial Adviser

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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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2014 SCOTUS Term: Important Developments in the Class-Action Arena

In This Issue: - Those Who Provide Investment Advice on Unsecured Securities Are Subject to Class Actions - A “Mass Action” Under the Class Action Fairness Act Requires at Least 100 Individual Plaintiffs -…more

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

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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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CFPB Goes Public and Steps Up Enforcement Activity

The Consumer Financial Protection Bureau (CFPB) recently announced what may be its boldest move yet: a $63 million enforcement action in coordination with the Federal Trade Commission (FTC) against Minnesota-based mortgage…more

CFPB, Department of Veterans Affairs, Enforcement Actions, FCRA, FHA

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IRS Issues Long-Awaited Final Regulations for Charitable Hospitals

In This Issue: - What You Should Do - Background - Final Regulations - Hospital Facilities and Organizations - Failures to Satisfy the Requirements of Section 501(r) - Community Health…more

Affordable Care Act, Charitable Organizations, CHNA, Exempt Organizations, Final Rules

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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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Proposed TSCA Legislation Ramps Up Safety Requirements for Manufacturers, EPA

While consumers typically believe that anything they can buy in the store has been government tested for safety, that's not always the case. The Toxic Substances Control Act (TSCA) has been in effect and essentially unchanged…more

EPA, Manufacturers, Pending Legislation, TSCA

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New NLRB Guidance on Employer Work Rules: Time to Review and Revise Employee Handbooks

On March 18, 2015, the Office of the General Counsel for the National Labor Relations Board issued its "Report Concerning Employer Rules." The 30-page report contains 8 broad areas of employer work rules typically found in…more

Employee Handbooks, NLRA, NLRB, Popular

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Recent Developments in Copyright: Blurred Reasoning and I Won't Back Down Until You Stay with Me

The jury's March 10th verdict in the "Blurred Lines" case has understandably generated a significant amount of interest and attention from the public, and has also led to differing opinions from legal experts as to whether the…more

Audio Recording, Copyright, Copyright Infringement, Marvin Gaye, Music

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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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Supreme Court Weighs in on Defenses to Induced Infringement

Earlier this week, the Supreme Court provided much needed guidance regarding the availability of certain defenses to claims of induced infringement. Commil USA, LLC v. Cisco Systems, Inc., U.S. Supreme Court, No. 13-896, May 26,…more

Cisco v CommilUSA, Good Faith, Induced Infringement, Patent Infringement, Patent Invalidity

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Supreme Court Reminds Companies to Monitor 401(k) Plan Investments, Sets Parameters for "Regular Review" Requirements

Companies and in-house fiduciaries face increasing scrutiny these days over their 401(k) and other retirement plans. This was underscored again recently by a key Supreme Court ruling. In Tibble v. Edison International, the U.S…more

401k, Benefit Plan Sponsors, Breach of Duty, DOL, ERISA

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New Judicial Interpretations on Scope of Hatch-Waxman Safe Harbor

The Federal Circuit recently provided additional clarity about the scope of the Hatch-Waxman safe harbor. In Classen Immunotherapies, Inc. v. Elan Pharmaceuticals, Inc., the appellate court sharpened the line between activities…more

ANDA, Classen Immunotherapies, Clinical Trials, Elan Pharmaceuticals, FDA

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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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Colorado Supreme Court Restricts Use of "Lone Pine" Discovery Orders

On April 20, 2015, the Colorado Supreme Court released an important decision restricting the use of so-called "Lone Pine" orders. See Antero Resources Corp. v. Strudley. Lone Pine orders require plaintiffs in toxic tort cases to…more

Appeals, Causation, CO Supreme Court, Contamination, Discovery

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CFPB Goes Public and Steps Up Enforcement Activity

The Consumer Financial Protection Bureau (CFPB) recently announced what may be its boldest move yet: a $63 million enforcement action in coordination with the Federal Trade Commission (FTC) against Minnesota-based mortgage…more

CFPB, Department of Veterans Affairs, Enforcement Actions, FCRA, FHA

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Visa Processing Nearly Back Online After Critical Hardware Failure, but Bottleneck May Take Weeks to Clear

After a major hardware failure on June 9th that created significant delays in processing and issuing visas, the Consular Consolidated Database (CCD) for U.S. Embassies and Consulates worldwide is nearly back online. As of June…more

Agricultural Workers, CCD, Passports, Popular, Security Checks

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Significant Amendments to Delaware General Corporation Law

Those affiliated with or representing a Delaware business entity – in particular, a Delaware corporation – should be mindful of several significant proposed amendments to the Delaware General Corporation Law ("DGCL"), which, if…more

Delaware General Corporation Law, Proposed Amendments

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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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GAO Upholds Agency Prohibition of Having Bid Prep Consultants Prepare Proposal

Are bid preparation consultants good or bad for the competitive procurement system? Contractors have argued about this for years. GAO recently upheld a solicitation provision forbidding the use of consultants to prepare…more

Consultants, CTA, GAO, Government Contractors, Veterans Administration

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Filing Fee for .sucks Top-Level Domain Names Really Sucks for Brand Owners

The recent top-level domain name explosion has been of great interest to existing brand owners and new market entrants alike. No longer is a business limited to deciding which of a few top-level domains, such as .com, .net,…more

Domain Names, Filing Fees, gTLD, ICANN, Trademarks

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Update: Multiemployer Pension Plans Volume 3

In This Issue: - April 2015 Developments for Multiemployer Pension Plans - Q & A - More Polsinelli MPRA Intelligence - MPRA Counseling Services - Follow On Twitter - For More…more

Benefit Plan Sponsors, Central States, Congressional Investigations & Hearings, Multiemployer Plan, Pensions

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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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eBay Lawsuit Dismissed

On May 4, 2015, a US District Court judge in the Eastern District of Louisiana dismissed a class action lawsuit that sought damages from eBay based on the “threat of future harm” stemming from the online retailer’s 2014 data…more

Article III, Clapper v. Amnesty International, Class Action, Cyber Attacks, Cybersecurity

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FCC's Decision on Net Neutrality Likely to Lead to Litigation

In a historic 3-2 vote on Thursday, February 26th, the Federal Communications Commission (FCC) voted to approve net neutrality rules aimed at governing Internet traffic. The FCC's decision would expand government oversight for…more

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Senate Committee Passes Bill Addressing Medicare Appeals Inefficiencies

On June 3, 2015, the Senate Finance Committee passed an original bill that aims to streamline and improve the Medicare Audit and Appeals Process. The Medicare appeals process has recently faced scrutiny from industry leaders for…more

ALJ, Appeals, CMS, Healthcare, HHS

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HIPAA Enforcement Remains a Concern for Providers of All Sizes

On Monday, April 27, 2015, the Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR") announced a settlement with Cornell Prescription Pharmacy ("Cornell"). Under the Resolution Agreement, Cornell…more

Document Destruction, Enforcement Actions, HIPAA, OCR, Pharmacies

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Filing Fee for .sucks Top-Level Domain Names Really Sucks for Brand Owners

The recent top-level domain name explosion has been of great interest to existing brand owners and new market entrants alike. No longer is a business limited to deciding which of a few top-level domains, such as .com, .net,…more

Domain Names, Filing Fees, gTLD, ICANN, Trademarks

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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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Update: Multiemployer Pension Plans volume 2

In This Issue: - Recent Developments for Multiemployer Pension Plans - Q & A - More Polsinelli MPRA Intelligence - MPRA Counseling Services - Excerpt from Recent Developments for Multiemployer…more

Insolvency, Multiemployer Plan, PBGC, Pensions

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New Proposed Requirements for Prop 65 Warnings Create Potentially Significant Implications for Businesses Across the Country

The California Office of Environmental Health Hazard Assessment (OEHHA) recently sent out a notice regarding proposed rulemaking to repeal the existing regulations that govern the provision of clear and reasonable warnings under…more

Employer Mandates, NPRM, OEHHA, Proposition 65, Safe Drinking Water Act

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Long-Awaited Medicaid Managed Care Guidance to be Published Monday

On June 1, 2015, the Centers for Medicare and Medicaid Services (CMS) will publish in the Federal Register a long-awaited proposed rule addressing Medicaid Managed Care Organizations (MMCOs). Comments on the proposed rule will…more

Affordable Care Act, CMS, Health Care Providers, Healthcare, Managed Care Contracts

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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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Telesurgery: A New Frontier or Just Risky Business?

Security experts at the University of Washington in Seattle recently set out to expose potential privacy and security vulnerabilities that exist in telesurgery. As first reported by MIT Technology Review, experts hacked a…more

Cybersecurity, Data Security, Healthcare, Medical Equipment, Privacy Laws

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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 Proposed Requirements for Prop 65 Warnings Create Potentially Significant Implications for Businesses Across the Country

The California Office of Environmental Health Hazard Assessment (OEHHA) recently sent out a notice regarding proposed rulemaking to repeal the existing regulations that govern the provision of clear and reasonable warnings under…more

Employer Mandates, NPRM, OEHHA, Proposition 65, Safe Drinking Water 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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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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The OIG Wants You to Know It Is Targeting Physicians - The OIG's June 2015 Fraud Alert

On June 9, 2015, the HHS Office of Inspector General (OIG) issued a Fraud Alert that cautions physicians about questionable medical directorship and office staff arrangements. [Alert available here]. In the Fraud Alert, the OIG…more

Anti-Kickback Statute, Healthcare, Healthcare Fraud, HHS, Kickbacks

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King v. Burwell: Decision and Impact

In a 6 to 3 decision today, the U.S. Supreme Court ruled in the case King v. Burwell and upheld federal tax subsidies in the federally operated health exchanges created under the Affordable Care Act. King v. Burwell is the third…more

Affordable Care Act, Health Insurance, Health Insurance Exchanges, Individual Mandate, King v Burwell

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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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DOL Releases Controversial Proposal, Signifying Regulatory Intent to Expand Fiduciary Standard

On April 14, 2015, the U.S. Department of Labor ("DOL") released a controversial proposal that would require financial advisors to put their clients' interests ahead of their own when recommending retirement investments…more

Comment Period, DOL, Fiduciary Duty, Fiduciary Liability, Financial Adviser

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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

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Don't be Fooled by the Name... The Small BREW Act Could Have a Big Impact on Craft Breweries

The Small Brewer Reinvestment and Expanding Workforce Act, known as the "Small BREW Act", is bipartisan legislation introduced to Congress in early 2015. The overall goal of the Small BREW Act is to revamp the federal excise tax…more

Beer, Breweries, Business Taxes, Federal Taxes, Popular

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Uber-Complicated: Insurance Challenges for Transportation Network Companies

Transportation Network Companies (TNCs) facilitate the use of personal vehicles to transport passengers for a fee using a technology based platform, such as a website or a mobile application to connect riders and drivers. The…more

Auto Insurance, Insurance Industry, Lyft, Sidecar, Transportation Network Companies

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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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Provider Alleges Retaliatory Use of Medicare Payment Suspension

A federal court has ordered discovery regarding the circumstances of a Medicare payment suspension by CMS only one week after failed settlement negotiations between a cardiology practice and the Department of Justice (DOJ) to…more

CMS, Discovery, DOJ, False Claims Act, Fraud

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Colorado Supreme Court: Terminating an Employee for Marijuana Use Does Not Violate the Colorado Lawful Activities Statute

On June 15, 2015, the Colorado Supreme Court held that the Colorado Lawful Activity Statute does not prohibit an employer from terminating the employment of an employee for off-the-job use of medical marijuana. However, this…more

CO Supreme Court, Coats v Dish Network, Dish Network, Employment Policies, Hiring & Firing

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California Doesn't Care Where Your Headquarters Are Located – Your Employees May Be Covered Under its New Mandatory Paid Sick Leave Act

Are you a non-California company with employees who work in California from time to time? California's Healthy Workplaces, Healthy Families Act of 2014 ("the Act") provides for mandatory paid sick leave to any employee working…more

Airlines, Collective Bargaining, Compliance, Earned Sick Time, Healthy Workplaces Healthy Families Act 2014

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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

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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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SCOTUS: Abercrombie's Failure to Hire Based on Assumed Religious Conflict Violates Title VII

Monday, in EEOC v. Abercrombie & Fitch Stores, Inc. the Supreme Court held that making employment decisions based on assumptions related to religion (or any other protected class for that matter) can trigger liability under…more

Abercrombie & Fitch, Disparate Treatment, EEOC, EEOC v Abercrombie, Employer Liability Issues

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Uber-Complicated: Insurance Challenges for Transportation Network Companies

Transportation Network Companies (TNCs) facilitate the use of personal vehicles to transport passengers for a fee using a technology based platform, such as a website or a mobile application to connect riders and drivers. The…more

Auto Insurance, Insurance Industry, Lyft, Sidecar, Transportation Network Companies

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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 Weighs in on Defenses to Induced Infringement

Earlier this week, the Supreme Court provided much needed guidance regarding the availability of certain defenses to claims of induced infringement. Commil USA, LLC v. Cisco Systems, Inc., U.S. Supreme Court, No. 13-896, May 26,…more

Cisco v CommilUSA, Good Faith, Induced Infringement, Patent Infringement, Patent Invalidity

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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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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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RESCHEDULED: 340B in the Spotlight: Congress Offers Webcast of Upcoming Hearing Regarding the 340B Drug Pricing Program

The House Energy & Commerce Health Subcommittee on Health hearing entitled, “Examining the 340B Drug Pricing Program”, originally scheduled for Thursday, March 5th has been RESCHEDULED for March 24, 2015 at 10:00 a.m. EST…more

340B, Congressional Investigations & Hearings, Healthcare, Prescription Drugs

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IRS Issues Long-Awaited Final Regulations for Charitable Hospitals

In This Issue: - What You Should Do - Background - Final Regulations - Hospital Facilities and Organizations - Failures to Satisfy the Requirements of Section 501(r) - Community Health…more

Affordable Care Act, Charitable Organizations, CHNA, Exempt Organizations, Final Rules

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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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The New Hart-Scott-Rodino Magic Number is $76.3 Million

The Hart-Scott-Rodino Act ("HSR") requires that transactions over a certain value be reported to the Federal Trade Commission (FTC) and U.S. Department of Justice Antitrust Division at least 30 days prior to closing. That…more

Filing Fees, FTC, Hart-Scott-Rodino Act, Jurisdiction, Premerger Notifications

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Precedent Set in Colorado Construction Defect Law

On May 7, 2015, less than 24 hours after the Colorado legislative session ended and just over a week after Senate Bill 177, a construction defects reform bill, died in a House committee, the Colorado Court of Appeals issued its…more

Appeals, Arbitration, Condominiums, Construction Defects, Homeowners' Association

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Don't be Fooled by the Name... The Small BREW Act Could Have a Big Impact on Craft Breweries

The Small Brewer Reinvestment and Expanding Workforce Act, known as the "Small BREW Act", is bipartisan legislation introduced to Congress in early 2015. The overall goal of the Small BREW Act is to revamp the federal excise tax…more

Beer, Breweries, Business Taxes, Federal Taxes, Popular

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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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SCOTUS: Abercrombie's Failure to Hire Based on Assumed Religious Conflict Violates Title VII

Monday, in EEOC v. Abercrombie & Fitch Stores, Inc. the Supreme Court held that making employment decisions based on assumptions related to religion (or any other protected class for that matter) can trigger liability under…more

Abercrombie & Fitch, Disparate Treatment, EEOC, EEOC v Abercrombie, Employer Liability Issues

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Amendment Reducing Illinois Juries from 12 to 6 About to Take Effect

Courtrooms in Illinois will begin to see a new makeup of juries soon, as effective June 1, 2015, all jury cases shall be tried by a jury of six. Previously, cases in which alleged damages exceeded $50,000 were tried by a jury of…more

Amended Legislation, Governor Quinn, Jury Selection, Jury Trial, New Legislation

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Highly Anticipated Proposed EEOC Guidance May Force Design Changes on Existing Wellness Programs

On Monday, the Equal Employment Opportunity Commission ("EEOC") published much anticipated proposed regulations amending Americans with Disabilities Act ("ADA") regulations on employer wellness programs. Specifically, the EEOC…more

ADA, Biometric Information, Disability Discrimination, EEOC, HIPAA

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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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Four Security Gaps Cybercriminals Exploit in Your Business's Digital Storefront

Symantec, the American IT security company, recently released its 2015 Internet Security Threat Report that summarizes the number and types of threats and vulnerabilities seen in 2014. The report also analyzes trends and…more

Best Practices, Cybersecurity, Data Breach, Data Protection, Internet Retailers

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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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Significant Amendments to Delaware General Corporation Law

Those affiliated with or representing a Delaware business entity – in particular, a Delaware corporation – should be mindful of several significant proposed amendments to the Delaware General Corporation Law ("DGCL"), which, if…more

Delaware General Corporation Law, Proposed Amendments

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George Costanza and the Supreme Court Align in Ruling This Week on Section 11 of the Securities Act of 1933

In a classic Seinfeld episode, George Costanza opined: "it's not a lie, if you believe it". In a ruling handed down on March 24th, the Supreme Court agreed with this sentiment as it concerned claims brought under Section 11 of…more

Issuers, Material Misstatements, Omnicare v Laborers District Council, Registration Statement, SCOTUS

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FDA Denies Amgen's Citizen Petition Regarding Biosimilar Applicant Requirements

Late last week, the U.S. Food and Drug Agency (FDA) dismissed a citizen petition filed by Amgen, Inc. asking the agency to require that biosimilar applicants provide the reference product sponsor with a copy of their application…more

Amgen, Biosimilars, BPCIA, Citizen Petitions, FDA

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The Next Wave of Joint Employment Litigation

A looming surge of cases threatens to expand the joint employment doctrine and fundamentally alter the operations of franchisors, retailers, and businesses utilizing independent contractors within the four walls of their…more

Employee Definition, Employer Liability Issues, Fast-Food Industry, Franchises, Franchisors

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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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King v. Burwell: Decision and Impact

In a 6 to 3 decision today, the U.S. Supreme Court ruled in the case King v. Burwell and upheld federal tax subsidies in the federally operated health exchanges created under the Affordable Care Act. King v. Burwell is the third…more

Affordable Care Act, Health Insurance, Health Insurance Exchanges, Individual Mandate, King v Burwell

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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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Stop, Think, and Be Careful What You Ask For: Lessons and Opportunities Created by Recent Arbitration Ruling

On April 21, 2015, the Missouri Court of Appeals in City of Chesterfield v. Frederich Construction Inc. upheld an arbitration award that included substantial attorneys' fees to the prevailing party, in a construction case where…more

AAA, American Arbitration Association, American Rule, Appeals, Attorney's Fees

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Recently Finalized FDA Guidance Indicates Some Flexibility for Biosimilars

Earlier this month the Food and Drug Administration ("FDA") published three industry guidances for the Biologics Price Competition and Innovation Act of 2009 ("BPCIA")…more

Biologics, Biologics Price Competition and Innovation Act of 2009, Biosimilars, FD&C Act, FDA

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IRS Issues Long-Awaited Final Regulations for Charitable Hospitals

In This Issue: - What You Should Do - Background - Final Regulations - Hospital Facilities and Organizations - Failures to Satisfy the Requirements of Section 501(r) - Community Health…more

Affordable Care Act, Charitable Organizations, CHNA, Exempt Organizations, Final Rules

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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 Department of Insurance Enters into $1.25 Million Settlement with Nine Affiliated Insurers

Missouri insurance regulators recently announced a $1.25 million settlement with nine affiliated insurance companies as a result of a market conduct examination into their handling of workers’ compensation insurance. …more

Department of Insurance, Insurance Companies, Insurance Industry, Settlement Agreements

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Is Paying Extra for Privacy the Future of Home Internet Service?

All eyes are on AT&T after the carrier launched its gigabit fiber-to-the-home Internet service in Kansas City, pricing part of the service based on a user's privacy preferences. Interested users can access the carrier's…more

AT&T, Broadband, Fiber Optic Telecommunications Network, GigaPower, Google

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CFPB Goes Public and Steps Up Enforcement Activity

The Consumer Financial Protection Bureau (CFPB) recently announced what may be its boldest move yet: a $63 million enforcement action in coordination with the Federal Trade Commission (FTC) against Minnesota-based mortgage…more

CFPB, Department of Veterans Affairs, Enforcement Actions, FCRA, FHA

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Special Update: OPA Sends 340B Program Omnibus Guidelines to Office of Management and Budget

On Wednesday, May 6, the Health Resources and Services Administration, Office of Pharmacy Affairs (“OPA”) forwarded a draft copy of its 340B Program Omnibus Guidelines (“Guidelines”) to the Office of Management and Budget for…more

340B, Medicaid, OMB, Pharmaceutical, PHSA

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Stop, Think, and Be Careful What You Ask For: Lessons and Opportunities Created by Recent Arbitration Ruling

On April 21, 2015, the Missouri Court of Appeals in City of Chesterfield v. Frederich Construction Inc. upheld an arbitration award that included substantial attorneys' fees to the prevailing party, in a construction case where…more

AAA, American Arbitration Association, American Rule, Appeals, Attorney's Fees

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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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The OIG Wants You to Know It Is Targeting Physicians - The OIG's June 2015 Fraud Alert

On June 9, 2015, the HHS Office of Inspector General (OIG) issued a Fraud Alert that cautions physicians about questionable medical directorship and office staff arrangements. [Alert available here]. In the Fraud Alert, the OIG…more

Anti-Kickback Statute, Healthcare, Healthcare Fraud, HHS, Kickbacks

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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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Latest Update on Anthem Data Breach - Other BCBS Plans May Be Impacted

As a follow-up to its announcement of a massive cyber breach last week, Anthem has updated its “Frequently Asked Questions” for its employer clients, which are posted at www.AnthemFacts.com. The most significant development in…more

Anthem Blue Cross, Anthem Insurance, Corporate Counsel, Cybersecurity, Data Breach

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Named in a TCPA Lawsuit? Liability Strategy May Avoid Crippling Damages

Telephone Consumer Protection Act ("TCPA") class action lawsuits are booming, and plaintiffs are commonly seeking tens, if not hundreds, of millions of dollars in damages. These cases often arise out of a marketing campaign that…more

Calculation of Damages, Class Action, Marketing, Robocalling, Statutory Damages

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Update: Multiemployer Pension Plans Volume 3

In This Issue: - April 2015 Developments for Multiemployer Pension Plans - Q & A - More Polsinelli MPRA Intelligence - MPRA Counseling Services - Follow On Twitter - For More…more

Benefit Plan Sponsors, Central States, Congressional Investigations & Hearings, Multiemployer Plan, Pensions

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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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Telesurgery: A New Frontier or Just Risky Business?

Security experts at the University of Washington in Seattle recently set out to expose potential privacy and security vulnerabilities that exist in telesurgery. As first reported by MIT Technology Review, experts hacked a…more

Cybersecurity, Data Security, Healthcare, Medical Equipment, Privacy Laws

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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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House Passes the National Cybersecurity Protection Advancement Act

Following Wednesday’s approval of the Protecting Cyber Networks Act (H.R.1560) (“PCNA”), the House of Representatives passed the National Cybersecurity Protection Advancement Act (H.R. 1731) (“NCPAA”) on Thursday, a move which…more

Cyber Attacks, Cybersecurity, DHS, Infrastructure, NCCIC

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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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Lance Armstrong Becomes Cautionary Tale on Risks of Arbitration

Arbitration is sometimes touted as less expensive and less risky for businesses than traditional courtroom litigation, especially when it comes to consumer disputes. But disgraced cyclist Lance Armstrong's most recent legal loss…more

Arbitration, Lance Armstrong

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IRS Issues Long-Awaited Final Regulations for Charitable Hospitals

In This Issue: - What You Should Do - Background - Final Regulations - Hospital Facilities and Organizations - Failures to Satisfy the Requirements of Section 501(r) - Community Health…more

Affordable Care Act, Charitable Organizations, CHNA, Exempt Organizations, Final Rules

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Recently Finalized FDA Guidance Indicates Some Flexibility for Biosimilars

Earlier this month the Food and Drug Administration ("FDA") published three industry guidances for the Biologics Price Competition and Innovation Act of 2009 ("BPCIA")…more

Biologics, Biologics Price Competition and Innovation Act of 2009, Biosimilars, FD&C Act, FDA

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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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eBay Lawsuit Dismissed

On May 4, 2015, a US District Court judge in the Eastern District of Louisiana dismissed a class action lawsuit that sought damages from eBay based on the “threat of future harm” stemming from the online retailer’s 2014 data…more

Article III, Clapper v. Amnesty International, Class Action, Cyber Attacks, Cybersecurity

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DOJ Issues New Cyber-Incident Preparedness and Response Guidance

The Department of Justice (DOJ) released new guidance on cyber preparedness and incident response last week, becoming the latest federal agency to do so in recent months. Newly sworn-in Attorney General, Loretta Lynch, has…more

Attorney Generals, Cyber Crimes, Cybersecurity Framework, Data Protection, DOJ

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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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New Proposed Requirements for Prop 65 Warnings Create Potentially Significant Implications for Businesses Across the Country

The California Office of Environmental Health Hazard Assessment (OEHHA) recently sent out a notice regarding proposed rulemaking to repeal the existing regulations that govern the provision of clear and reasonable warnings under…more

Employer Mandates, NPRM, OEHHA, Proposition 65, Safe Drinking Water Act

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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: Supreme Court Rules on Appellate Review Standard for Patent Claim Construction

Today, in Teva Pharmaceutical USA, Inc., et al. v. Sandoz, Inc. et al., the Supreme Court issued a long-awaited opinion that changes the standard of appellate review for a trial court's decision regarding construction of a…more

Claim Construction, Clear Error Standard, De Novo Standard of Review, Federal Rules of Civil Procedure, Patent Litigation

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eBay Lawsuit Dismissed

On May 4, 2015, a US District Court judge in the Eastern District of Louisiana dismissed a class action lawsuit that sought damages from eBay based on the “threat of future harm” stemming from the online retailer’s 2014 data…more

Article III, Clapper v. Amnesty International, Class Action, Cyber Attacks, Cybersecurity

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Missouri Department of Insurance Enters into $1.25 Million Settlement with Nine Affiliated Insurers

Missouri insurance regulators recently announced a $1.25 million settlement with nine affiliated insurance companies as a result of a market conduct examination into their handling of workers’ compensation insurance. …more

Department of Insurance, Insurance Companies, Insurance Industry, Settlement Agreements

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To Forgive, Divine: Tax Amnesty Program Signed Into Law

On Tuesday, April 27, 2015, Missouri Governor Jay Nixon signed House Bill 384, which creates a Tax Amnesty Program for taxes administered by the Missouri Department of Revenue. This includes state income taxes, franchise taxes,…more

Income Taxes, Sales & Use Tax, Tax Amnesty, Withholding Tax

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Senate Committee Passes Bill Addressing Medicare Appeals Inefficiencies

On June 3, 2015, the Senate Finance Committee passed an original bill that aims to streamline and improve the Medicare Audit and Appeals Process. The Medicare appeals process has recently faced scrutiny from industry leaders for…more

ALJ, Appeals, CMS, Healthcare, HHS

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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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Visa Processing Nearly Back Online After Critical Hardware Failure, but Bottleneck May Take Weeks to Clear

After a major hardware failure on June 9th that created significant delays in processing and issuing visas, the Consular Consolidated Database (CCD) for U.S. Embassies and Consulates worldwide is nearly back online. As of June…more

Agricultural Workers, CCD, Passports, Popular, Security Checks

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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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Amendment Reducing Illinois Juries from 12 to 6 About to Take Effect

Courtrooms in Illinois will begin to see a new makeup of juries soon, as effective June 1, 2015, all jury cases shall be tried by a jury of six. Previously, cases in which alleged damages exceeded $50,000 were tried by a jury of…more

Amended Legislation, Governor Quinn, Jury Selection, Jury Trial, New Legislation

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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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Four Security Gaps Cybercriminals Exploit in Your Business's Digital Storefront

Symantec, the American IT security company, recently released its 2015 Internet Security Threat Report that summarizes the number and types of threats and vulnerabilities seen in 2014. The report also analyzes trends and…more

Best Practices, Cybersecurity, Data Breach, Data Protection, Internet Retailers

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Uber-Complicated: Insurance Challenges for Transportation Network Companies

Transportation Network Companies (TNCs) facilitate the use of personal vehicles to transport passengers for a fee using a technology based platform, such as a website or a mobile application to connect riders and drivers. The…more

Auto Insurance, Insurance Industry, Lyft, Sidecar, Transportation Network Companies

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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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OSHA Ups the Ante: Changes to Your Injury Reporting Obligations in 2015

The Occupational Safety and Hazard Administration ("OSHA") is the federal agency within the Department of Labor that is tasked with reducing workplace hazards and implementing worker health and safety protections. To that end,…more

DOL, Employer Mandates, OSHA, Recordkeeping Requirements, Reporting Requirements

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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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Changes to CMS' Five-Star Ratings System Turn Up the Heat on Nursing Homes and Increase Risks for Psychotropic Use

On Feb. 20, 2015, the Centers for Medicare & Medicaid (CMS) unveiled Version 3.0 of its Nursing Home Compare, which updates the current 5-Star Quality Rating System to reflect higher performance standards. Because of these…more

CMS, Healthcare, Nursing Homes, Rating System

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Precedent Set in Colorado Construction Defect Law

On May 7, 2015, less than 24 hours after the Colorado legislative session ended and just over a week after Senate Bill 177, a construction defects reform bill, died in a House committee, the Colorado Court of Appeals issued its…more

Appeals, Arbitration, Condominiums, Construction Defects, Homeowners' Association

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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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Third Circuit Approves a Structured Dismissal that Allows Debtor to Skip Payments to Certain Creditors

The Third Circuit recently affirmed a bankruptcy court's approval of a joint settlement and structured dismissal of a chapter 11 case that did not comply with the priority scheme under the Bankruptcy Code by providing payment to…more

Appeals, Bankruptcy Code, Chapter 11, Commercial Bankruptcy, Creditors

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Billion Dollar Question Before the USPTO in CRISPR-cas9 Fight

A revolutionary biotechnology tool is the focus of an intense biotechnology patent dispute that will have far-reaching impact in coming years. The dispute is over the rights to the CRISPR-cas9 system, a versatile molecular…more

Biotechnology, DNA, IP License, Patents, USPTO

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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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New NLRB Guidance on Employer Work Rules: Time to Review and Revise Employee Handbooks

On March 18, 2015, the Office of the General Counsel for the National Labor Relations Board issued its "Report Concerning Employer Rules." The 30-page report contains 8 broad areas of employer work rules typically found in…more

Employee Handbooks, NLRA, NLRB, Popular

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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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New Discovery Order Requiring Greater Transparency Regarding Bankruptcy Trust Claims in Southern California Asbestos Litigation

On May 27, 2015, the Honorable Emilie H. Elias, the coordination judge who presides over all asbestos litigation in the counties of Los Angeles, Orange, and San Diego (LAOSD), issued a discovery order entitled “Case Management…more

Asbestos, Asbestos Litigation, Commercial Bankruptcy, Discovery, Interrogatories

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New Discovery Order Requiring Greater Transparency Regarding Bankruptcy Trust Claims in Southern California Asbestos Litigation

On May 27, 2015, the Honorable Emilie H. Elias, the coordination judge who presides over all asbestos litigation in the counties of Los Angeles, Orange, and San Diego (LAOSD), issued a discovery order entitled “Case Management…more

Asbestos, Asbestos Litigation, Commercial Bankruptcy, Discovery, Interrogatories

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Health Care and Legal Services Providers Challenge State Regulatory Boards on Heels of SCOTUS State Action Antitrust Immunity Decision

On February 25, 2015, the U.S. Supreme Court narrowed the scope of antitrust immunity for state regulatory boards whose members are active market participants in the occupation regulated by the boards. In North Carolina State…more

Dental Practice, FTC, Healthcare, LegalZoom, NC Board of Dental Examiners v FTC

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Cybersecurity: Integral to Overall Risk Management for Insurers and TPAs

Recent data breaches have brought cybersecurity to the attention of insurance companies, and serve as a reminder to third party administrators ("TPAs") that cybersecurity issues are a serious compliance and regulatory concern…more

Cybersecurity, Data Breach, Data Protection, Due Diligence, Insurance Industry

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Arizona Applies Consumer Fraud Act to Pharmaceutical Manufacturers

Arizona has joined two other states in applying its consumer fraud law to pharmaceutical manufacturers. The Arizona Court of Appeals decision came in a products liability action against Medicis Corporation, related to a…more

Advertising, Appeals, Consumer Fraud, False Advertising, Pharmaceutical

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New This Month: MO Supreme Court Limits the Construction Industry's Use of Certain Sales and Use Tax Exemptions

On January 13, 2015, the Missouri Supreme Court issued three decisions on sales and use tax that have limited the construction industry's ability to utilize certain exemptions in those areas. Companies that utilize such…more

Construction Industry, Contractors, General Contractors, Sales & Use Tax, Subcontractors

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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 Yesterday in Mortgage Bankers: Notice-and-Comment Not Required for Interpretive Rulemaking

On March 9th, 2015 the U.S. Supreme Court unanimously reversed the D.C. Circuit's opinion on federal agency rulemaking in Perez, Secretary of Labor v. Mortgage Bankers Association, holding that federal agencies need not issue…more

Administrative Procedure Act, DOL, FLSA, Mortgage Loan Originators, Notice and Comment

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Lessons from the U.S. v. American Express Trial

On February 18, 2015, American Express lost its court battle with the Department of Justice's Antitrust Division over the card's Non-Discrimination Provisions ("NDPs"), which prohibited merchants from steering customers to…more

American Express, Antitrust Litigation, DOJ, Restraint of Trade, Sherman Act

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Generic Drug Manufacturers to be Investigated by HHS for Recent Price Hikes

On April 13, 2015, the Inspector General (IG) of the Department of Health and Human Services announced in a letter to Senator Bernard Sanders (I. VT), that it would investigate recent price hikes for generic drugs. Generic drug…more

Generic Drugs, Government Investigations, HHS, Inspector General, Pharmaceutical Manufacturers

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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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Delaware Court of Chancery Confirms: There Is No Such Thing as Delaware Local Counsel

In its recent ruling on James v. National Financial LLC, Delaware's prestigious Court of Chancery reiterated the obligations to the Court of both Delaware and out-of-state counsels' obligations to the Court (Delaware counsels'…more

Attorney Misconduct, Discovery, Sanctions

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Medical Innovation: Congressional Committees Support Accelerated Research and Development for New Drugs, Devices and Biologics

Recent hearings by Senate and House committees and a scheduled markup underscore Congress' continued commitment to eliminating barriers that are slowing the development of effective drugs, devices, and biologics so that patients…more

Antimicrobial Drugs, Biologics, FDA, Healthcare, HELP

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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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Missouri Mergers And Acquisitions

After a rather slow start in 2014, the mergers and acquisitions (M&A) activity picked up considerably during the second half of the year. We look for a busy 2015 as the “chatter” throughout the industry continues. Many…more

Banking Sector, Banks

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Protecting Your Chemical Trade Secrets vs. OSHA Compliance: What You Must Disclose and What You Can Keep Confidential

Scenario: You are a chemical manufacturer and have created a chemical formulation that you intend to keep secret, to keep others from copying your product. The new formulation is hazardous and therefore must be handled with care…more

Chemicals, Disclosure Requirements, Hazardous Substances, Manufacturers, OSHA

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State and Commerce Departments Publish Next Set of Proposed Export Control Reform Rules: Fire Control, Range Finder, Optical Equipment & Guidance and Control Equipment

In This Issue: - Export Control Reform Initiative - DDTC Proposed Rule - BIS Proposed Rule - For More Information - Excerpt from Export Control Reform Initiative: By way of background, the Export…more

BIS, Canada, Commerce Control List, DDTC, EAR

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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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Health Care and Legal Services Providers Challenge State Regulatory Boards on Heels of SCOTUS State Action Antitrust Immunity Decision

On February 25, 2015, the U.S. Supreme Court narrowed the scope of antitrust immunity for state regulatory boards whose members are active market participants in the occupation regulated by the boards. In North Carolina State…more

Dental Practice, FTC, Healthcare, LegalZoom, NC Board of Dental Examiners v FTC

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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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OSHA Ups the Ante: Changes to Your Injury Reporting Obligations in 2015

The Occupational Safety and Hazard Administration ("OSHA") is the federal agency within the Department of Labor that is tasked with reducing workplace hazards and implementing worker health and safety protections. To that end,…more

DOL, Employer Mandates, OSHA, Recordkeeping Requirements, Reporting Requirements

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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

See All Updates »

To Forgive, Divine: Tax Amnesty Program Signed Into Law

On Tuesday, April 27, 2015, Missouri Governor Jay Nixon signed House Bill 384, which creates a Tax Amnesty Program for taxes administered by the Missouri Department of Revenue. This includes state income taxes, franchise taxes,…more

Income Taxes, Sales & Use Tax, Tax Amnesty, Withholding Tax

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Court Rules PTAB Decision to Institute AIA Review Is Final, Cannot be Appealed

In the first-ever ruling in an appeal of an American Invents Act review decision, the Federal Circuit Court of Appeals affirmed last week that a speed limit indicator patent is invalid. As an initial issue in the decision on In…more

America Invents Act, Appeals, Broadest Reasonable Interpretation Standard, Cuozzo Speed Technologies, Patent Infringement

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FMLA Rights Extend to Same Sex Spouses

The Department of Labor recently published its final rule amending the definition of “spouse” in the Family Medical Leave Act ("FMLA") regulations to include eligible employees in legal same-sex marriages. Beginning on March 27,…more

DOL, DOMA, Employment Policies, Final Rules, FMLA

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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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Regulators' Actions Against Charities that Swindled $187 Million from Donors Serve as Compliance Reminder

On May 18, 2015, the Federal Trade Commission (FTC) and 58 agencies from all 50 states and the District of Columbia filed a complaint charging four cancer charities and the individuals controlling them with allegedly swindling…more

Attorney Generals, Cancer, Charitable Donations, Charitable Organizations, Charity Navigator

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FMLA Rights Extend to Same Sex Spouses

The Department of Labor recently published its final rule amending the definition of “spouse” in the Family Medical Leave Act ("FMLA") regulations to include eligible employees in legal same-sex marriages. Beginning on March 27,…more

DOL, DOMA, Employment Policies, Final Rules, FMLA

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Highly Anticipated Proposed EEOC Guidance May Force Design Changes on Existing Wellness Programs

On Monday, the Equal Employment Opportunity Commission ("EEOC") published much anticipated proposed regulations amending Americans with Disabilities Act ("ADA") regulations on employer wellness programs. Specifically, the EEOC…more

ADA, Biometric Information, Disability Discrimination, EEOC, HIPAA

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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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A Watershed Moment for Business, Industry, and Agriculture: EPA Releases Final Clean Water Rule

On May 27, 2015, the United States Environmental Protection Agency ("EPA") and Army Corps of Engineers jointly released a final rule clarifying what bodies of water are subject to federal jurisdiction under the Clean Water Act…more

Agricultural Land, Clean Water Act, EPA, Flood Zones, Mining

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Changes to CMS' Five-Star Ratings System Turn Up the Heat on Nursing Homes and Increase Risks for Psychotropic Use

On Feb. 20, 2015, the Centers for Medicare & Medicaid (CMS) unveiled Version 3.0 of its Nursing Home Compare, which updates the current 5-Star Quality Rating System to reflect higher performance standards. Because of these…more

CMS, Healthcare, Nursing Homes, Rating System

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HIPAA Enforcement Remains a Concern for Providers of All Sizes

On Monday, April 27, 2015, the Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR") announced a settlement with Cornell Prescription Pharmacy ("Cornell"). Under the Resolution Agreement, Cornell…more

Document Destruction, Enforcement Actions, HIPAA, OCR, Pharmacies

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New Proposed Requirements for Prop 65 Warnings Create Potentially Significant Implications for Businesses Across the Country

The California Office of Environmental Health Hazard Assessment (OEHHA) recently sent out a notice regarding proposed rulemaking to repeal the existing regulations that govern the provision of clear and reasonable warnings under…more

Employer Mandates, NPRM, OEHHA, Proposition 65, Safe Drinking Water Act

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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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Filing Fee for .sucks Top-Level Domain Names Really Sucks for Brand Owners

The recent top-level domain name explosion has been of great interest to existing brand owners and new market entrants alike. No longer is a business limited to deciding which of a few top-level domains, such as .com, .net,…more

Domain Names, Filing Fees, gTLD, ICANN, Trademarks

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Amendment Reducing Illinois Juries from 12 to 6 About to Take Effect

Courtrooms in Illinois will begin to see a new makeup of juries soon, as effective June 1, 2015, all jury cases shall be tried by a jury of six. Previously, cases in which alleged damages exceeded $50,000 were tried by a jury of…more

Amended Legislation, Governor Quinn, Jury Selection, Jury Trial, New Legislation

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Named in a TCPA Lawsuit? Liability Strategy May Avoid Crippling Damages

Telephone Consumer Protection Act ("TCPA") class action lawsuits are booming, and plaintiffs are commonly seeking tens, if not hundreds, of millions of dollars in damages. These cases often arise out of a marketing campaign that…more

Calculation of Damages, Class Action, Marketing, Robocalling, Statutory Damages

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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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Medical Innovation: Congressional Committees Support Accelerated Research and Development for New Drugs, Devices and Biologics

Recent hearings by Senate and House committees and a scheduled markup underscore Congress' continued commitment to eliminating barriers that are slowing the development of effective drugs, devices, and biologics so that patients…more

Antimicrobial Drugs, Biologics, FDA, Healthcare, HELP

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Stop, Think, and Be Careful What You Ask For: Lessons and Opportunities Created by Recent Arbitration Ruling

On April 21, 2015, the Missouri Court of Appeals in City of Chesterfield v. Frederich Construction Inc. upheld an arbitration award that included substantial attorneys' fees to the prevailing party, in a construction case where…more

AAA, American Arbitration Association, American Rule, Appeals, Attorney's Fees

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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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USPTO Provides Example Patent Eligible Software Claims

After the Alice decision last summer by the Supreme Court, a large number of business method and software patents have been invalidated or found unpatentable by federal courts and the Patent Office as being drawn to abstract…more

CLS Bank v Alice Corp, Covered Business Method Patents, Interim Guidance, Patent-Eligible Subject Matter, Patents

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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