On Oct. 25, 2023, the Office of Inspector General (OIG) for the Department of Health and Human Services (DHHS) issued an unfavorable opinion in response to a manufacturer’s proposal to offer and provide a free compatible...more
In February, the Federal Election Commission (FEC) announced the new coordinated expenditure limits and the lobbyist bundling disclosure threshold for 2022. By law, the FEC must adjust these amounts annually for inflation...more
“Bundling” was a colonial American practice of unmarried persons sharing the same bed whilst being physically separated by a board or sack. As might be expected, bundling had its critics. One Henry Reed Stiles...more
GOVERNMENT CONTRACTS - DoD, GSA, and NASA Issue a Proposed Rule to Amend FAR: Consolidation and Bundling of Contract Requirements - The Department of Defense (DoD), General Services Administration (GSA), and...more
A forthcoming academic paper looks for bundling in more than 1,500 management proposals between 2003 and 2012. Bundling occurs when multiple matters are combined into a single proposal. The authors, James Cox, Fabrizio...more
Corporate antitrust compliance programs often spotlight the dangers of tying arrangements. Those risks arise when a seller with a dominant position in one product coerces its customers by offering that must-have product only...more
In every odd-numbered year the Federal Election Commission (FEC) is required to adjust certain contribution limits, expenditure limits, and the lobbyist bundling disclosure threshold by indexing them to inflation. ...more
The Center for Medicare and Medicaid Services (CMS) recently announced that it will add roughly 4,100 providers to the 2,400 existing providers testing the possible use of Medicare bundled payment contracts. Providers must...more
Changes to the use of dealing commission rules, including a ban on “softing” of corporate access services, reflect the FCA’s continuing objective to ensure that investment managers control the costs that they pass on to their...more
On May 8, CMS released a proposed rule in the Federal Register providing for a payment increase of 1.3 percent for fiscal year (FY) 2015. Among other provisions, CMS’s proposed rule offers hospice providers an update on...more
Late last Friday, the FCC’s Wireline Competition Bureau released an Order rescinding prior guidance that permitted E-rate applicants to request full funding for certain bundles that included service or equipment components...more
The U.S. Securities and Exchange Commission (SEC) staff recently issued several Compliance and Disclosure Interpretations (C&DIs) providing guidance as to when it is permissible under Rule 14a-4(a)(3) (and its companion rule,...more
The staff of the SEC’s Division of Investment Management issued a Guidance Update discussing its position that a single proxy proposal to amend an investment company charter must be “unbundled” to provide a separate vote for...more
On January 24, the Securities and Exchange Commission’s Division of Corporation Finance issued three new Compliance and Disclosure Interpretations (C&DIs) with respect to the SEC’s so-called unbundling rule (Rule 14a-4(a)(3)...more
In this issue: - FTC Announces New Filing Thresholds for Hart-Scott-Rodino Pre-Merger Notifications - SEC Division of Corporation Finance Issues Three C&DIs Relating to “Unbundling Rule” - NFA Members...more
With the recent emphasis on proxy statement compensation disclosure, director independence and corporate governance, little attention has been paid to another issue that can delay your proxy statement mailing schedule and...more
On October 2, 2013, Small Business Administration (SBA) published a final rule to establish and revise rules and procedures pertaining to small business set-asides, partial set-asides, multiple award contracts (MACs), task...more
In this issue: - California Court of Appeal: No Man May Profit From His Own Wrongdoing in a Court of Justice - The (True) Object of My Affection: A Nontaxable Stock Screening Service - Alternate Universe...more
The SEC’s “unbundling” requirements have largely been the stuff of SEC lore -- periodically referred to but rarely seen in corporate governance matters. However, thanks to the high profile dispute between David Einhorn’s...more
Executive Summary: The Wireline Competition Bureau (“Bureau”) is seeking comment on proposed clarifications to the treatment of ineligible devices when bundled with E-rate eligible components....more
On February 22, 2013, the U.S. District Court for the Southern District of New York ruled in favor of Greenlight Capital, L.P., et al. ("Greenlight") in the matter of Greenlight Capital, L.P., et al v. Apple, Inc....more