Polsinelli

Impending Deadline: CMS Issues Proposed Rule Reform for Long Term Care Facilities – Part 3 of 4

On July 16, 2015, the Federal Register published Centers for Medicare and Medicaid Services’ (CMS) proposed rule to reform the requirements for Long Term Care Facilities participating in Medicare and Medicaid. CMS will be…more
| Alternative Dispute Resolution (ADR), Health, Privacy

Polsinelli Podcast - What Employers Need to Know About "Off the Clock" Cell Phone Usage [Video]

It's not uncommon for employers to provide cell phones to employees so they can be reached 24/7. But the rules are different for exempt and nonexempt employees. The subject has caught the attention of the Department of Labor…more
| Labor & Employment Law

Groups Urge D.C. Circuit to Disclose DOJ Playbook

Following the widely criticized prosecution of the late Alaska Senator Ted Stevens, the Department of Justice (“DOJ”), understandably, took steps to learn from the mistakes made in that case by drafting and distributing a…more
| Criminal Law, Elections & Politics

Proposed Regulations on Disguised Payments for Services and Management Fee Waivers

On July 23, 2015, the Internal Revenue Service (“IRS”) issued a Notice of Proposed Rulemaking (the “Notice”) which proposed Treasury regulations under Section 707(a)(2)(A) of the Internal Revenue Code of 1986, as amended (the…more
| Commercial Law & Contracts, Finance & Banking, Taxation

PTAB Opens Door for Amendments in Post-Grant Review Proceedings

In a decision that sends a clear message to Patent Owners that the Patent Trial and Appeal Board (PTAB) is opening the door for amendments in post grant review proceedings, on July 15, 2015 the PTAB issued a new order regarding…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

TCPA: New Ruling May Invalidate Your Existing Consumer Consents

Much has been written about the Federal Communication Commission's ("FCC's") recent 138-page Declaratory Ruling and Order that broadened the scope of the Telephone Consumer Protection Act ("TCPA") and will likely encourage even…more
| Communications & Media Law, Consumer Protection, Privacy

Reverse Payment Settlements as Basis for False Claims Act Liability

The threat of federal False Claims Act (“FCA”) liability based on the failure to promptly return overpayments is a relatively new phenomenon, but it is receiving a lot of attention. In 2009, Congress enacted the Fraud…more
| Government Contracting, Health

Multiemployer Pension Plans

In this Update Series, we provide continuing updates on the key developments relating to multiemployer pension plans, as well as practical considerations for the companies that participate in them. These union benefit funds pose…more
| Finance & Banking, Labor & Employment Law

Wisconsin Repeals State False Claims Act

On July 12, 2015, the state of Wisconsin passed a budget that, along with many expected cuts, additions, and tweaks, unexpectedly repealed Wisconsin’s False Claims for Medical Assistance Act—the state’s version of the federal…more
| Civil Rights, Government Contracting, Health, Labor & Employment Law

Polsinelli Podcast - Federal Circuit Delays Sandoz Biosimilar Launch [Video]

n a closely-watched case between Amgen and Sandoz regarding the first biosimilar approved (Zarxio), the Federal Circuit interpreted key Biologics Price Competition and Innovation Act (BPCIA) provisions regarding Sandoz’s…more
| Intellectual Property

Federal Circuit Delays Sandoz Biosimilar Launch

In a closely-watched case between Amgen and Sandoz regarding the first biosimilar approved (Zarxio), the Federal Circuit interpreted key Biologics Price Competition and Innovation Act (BPCIA) provisions regarding Sandoz's…more
| Administrative Law, Health, Science, Computers, & Technology

CMS Issues Proposed Rule Reform for Long Term Care Facilities - Part 1 of 4

On July 13, 2015, CMS issued a proposed rule to reform the requirements for long term care facilities participating in Medicare and Medicaid. The 400-page proposed rule recommends the biggest overhaul to nursing home…more
| Health

Real Party-in-Interest and Privy of the Petitioner: Part 2 in Estoppel Analysis

Last week we outlined our suggestions as to what an IPR petitioner should assert in an IPR action to avoid triggering the "could have raised" estoppel in a later filed district court action. But what if the party involved in the…more
| Civil Procedure, Intellectual Property

Whistleblower's Criminal Conduct Prevents FCA Payout

The United States Court of Appeals for the Ninth Circuit prevented a False Claims Act (“FCA”) relator from receiving a share of a $19 million settlement stemming from the defendant’s alleged false billing on a nuclear cleanup…more
| Civil Rights, Government Contracting, Labor & Employment Law

Polsinelli Podcast - What's Around the Corner for Industries Impacted by Energy Issues? [Video]

Republicans and Democrats continue to clash over energy and environmental policy at every turn. In this week's Polsinelli Podcast, Tracy Hammond explores the hot issues that may impact energy strategy. As a member of the firm’s…more
| Energy & Utilities, Environmental Law
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