Reed Smith

CFPB Moves to Ban Class Action Waivers But Will Not Ban Individual Arbitration

In a move that the financial industry long anticipated but nonetheless greeted with loud groans, the Consumer Financial Protection Bureau (“CFPB”) on October 7, 2015 proposed to ban class action waivers in contracts for consumer…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Consumer Protection, Finance & Banking, Securities Law

Congressional Health Policy Hearings - October 2015

A number of recent Congressional hearings have focused on health policy issues, including the following..…more
| Elections & Politics, Health, Insurance

Wrongful Trading: Robin Hood’s not-so Merry Men

Brooks and another v Armstrong and another [2015] EWHC 2289 (Ch) 0 - In a rare judgment considering wrongful trading in detail, the memorably-named “Robin Hood” case considers at which point the directors ought to have…more
| Bankruptcy, Business Organizations, Civil Procedure, Finance & Banking, Securities Law

Heedless Heeding Presumptions – How New York Law Became a Morass

Ever since this blog started, we’ve made plain that we have no use for the so-called “heeding presumption.” This presumption posits that, because under Restatement §402A, comment j, a defendant providing an adequate warning can…more
| Civil Procedure, Personal Injury, Products Liability

ONC Releases Final Health IT Strategic Plan, Draft Interoperability Standards Advisory

The Office of the National Coordinator for Health Information Technology (ONC) has released its final Federal Health IT Strategic Plan for 2015-2020. The 50-page document details how the federal government intends to effectively…more
| Health, Science, Computers, & Technology

CMS Posts CY 2016 Amount in Controversy Thresholds for Medicare Appeals

CMS has published a notice announcing the annual adjustment in the amount in controversy (AIC) threshold amounts for Administrative Law Judge (ALJ) hearings and judicial review under the Medicare appeals process. Specifically,…more
| Health

OIG Flags $171 Million in Potentially Questionable Billing for Medicare Ophthalmology Services

The OIG has issued a report entitled “Questionable Billing for Medicare Ophthalmology Services.” The OIG concludes that most Medicare providers billing for ophthalmology services in 2012 did not demonstrate what the OIG…more
| Health

HR Influence in Disciplinary Proceedings Can Render Dismissals Unfair

In Ramphal v Department for Transport (EAT – 2015), the EAT has provided guidance on the appropriate level of HR involvement in disciplinary proceedings. The case concerns an employee who was dismissed for gross misconduct…more
| Civil Procedure, Labor & Employment Law

“Ensuring Access to Clinical Trials Act” Sent to President

On September 28, 2015, the House of Representatives approved by voice vote S. 139, the Ensuring Access to Clinical Trials Act. This legislation would allow individuals to participate in clinical trials for rare diseases without…more
| Elections & Politics, Health