Polsinelli

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
| Health, Insurance, Taxation

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
| Labor & Employment Law

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
| Agriculture, Labor & Employment Law, Immigration Law, Science, Computers, & Technology

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
| Antitrust & Trade Regulation, Civil Procedure, Consumer Protection, Health, Law Practice Products & Services

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
| Antitrust & Trade Regulation, Commercial Law & Contracts, Consumer Protection, Nonprofit Law

Polsinelli Podcast - Is a Single U.S. Food Agency a Reality? [Video]

In the United States, 2015 has brought forth several regulatory proposals in what has become a perpetual Washington, D.C. conversation: Why is there more than one federal agency responsible for food safety and what can and…more
| Health, Franchise Law

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
| Administrative Law, Elections & Politics, Health

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
| Conflict of Laws, Labor & Employment Law

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
| Civil Procedure, Government Contracting, Health

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
| International Law & Trade, Military Law, Science, Computers, & Technology

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
| Health

Polsinelli Podcast - What Your Company Needs to Know About Whistleblower Claims [Video]

Whistleblower stories fill the pages of newspapers and online publications with often daily accounts of an employee who has spoken out against the company. If you're the company manager, there are steps you need to take to…more
| Labor & Employment Law

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
| Administrative Law, Civil Procedure, Health, Intellectual Property, Science, Computers, & Technology

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
| Bankruptcy, Civil Procedure, Finance & Banking

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
| Commercial Law & Contracts, Intellectual Property
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