News & Analysis as of

Decision-Making Process

HHS Finalizes Appeals Backlog Rule in Wake of Judicial Order

by Polsinelli on

The U.S. Department of Health and Human Services (HHS) released a Final Rule aimed at reducing and eventually eliminating the backlog of more than 650,000 claims currently awaiting adjudication by an administrative law judge...more

When Business Supersedes Compliance – A Recipe for Disaster

by Michael Volkov on

When looking through the wreckage of a major corporate compliance disaster, it is relatively easy to spot the important events when business needs (or money) are consciously elevated over compliance concerns or even...more

Law Firm Selling: It’s Important to Separate When You Are Selling and When You Are Lawyering

by LawVision Group LLC on

When you are pitching business and you hear “you gave the best presentation….but, we hired the other firm,” what happened? You likely educated the buyer and someone else closed the business. Remember to stay in “sales mode.”...more

Surviving the Strife: How Start-Up Founders Can Ensure That Inevitable Friction and Departures Won't Sink the Company

by Bryan Cave on

History is all too often repeated when start-up founders fail to plan for when (not if) they don’t see eye-to-eye. Relationship breakdowns and messy founder departures are common root causes of start-up failures. Common...more

UK Regulators Proposals to Enhance Their Enforcement Decision-Making Processes

by Shearman & Sterling LLP on

The Financial Conduct Authority and Prudential Regulation Authority published a joint consultation paper on proposals to implement certain aspects of the recommendations set out in HM Treasury's Review of Enforcement...more

Finding Clients by Telling Stories

by LawVision Group LLC on

On the morning of Halloween 2003, 13-year-old Bethany Hamilton was surfing close to her home on the island of Kauai. Bethany had big plans. She was training for her next surf competition, a stepping stone for bigger...more

IRS Encourages Private Foundations to Consider Charitable Purposes in Investing Its Assets

As we previously reported, the IRS has updated its guidance with helpful examples concerning program-related investments for private foundations. In its recently issued Notice 2015-62, the IRS provides further assurance that...more

The Ten Most Important Rules for Employers

by Zelle LLP on

Despite the complexity of employment law and the speed with which the law, technology, and the workplace are changing, there are a few basic principles that capture the best advice we can give to employers. They’re not a...more

NLRB: Peer Review Obligations Trumped by NLRA

by Polsinelli on

On August 27, 2015, the National Labor Relations Board (“NLRB”) held that a Kansas hospital must afford an employee Weingarten rights before a nursing Peer Review Committee, allow the union access to peer review documents and...more

How Likely Am I to Win? Risk, Uncertainty & the Turkey Illusion

by JAMS on

When parties are faced with an attractive settlement offer, they frequently wish to compare the offer to what they might get at trial, which is the product of the odds of winning times the value of the verdict or award....more

Altera: Tax Court Invalidates Section 482 Regulation on Administrative Law Grounds

by McDermott Will & Emery on

In Altera, the U.S. Tax Court invalidated regulations under Section 482 requiring participants in qualified cost-sharing agreements to include stock-based compensation costs in the cost pool to comply with the arm’s-length...more

25 Years of the ADA: Five Tips for ADA Compliance

by Foley & Lardner LLP on

Last week – July 26, 2015, to be precise – marked the 25th anniversary of the passage of the Americans with Disabilities Act. The anniversary kicked off celebrations of, according to the U.S. Department of Justice, the...more

Health Update - July 2015

Lessons From the Frontlines: Strategies for Supporting Informed Consumer Decision-Making in the Health Insurance Marketplace - Editor's Note: As marketplaces prepare for the third open enrollment period, consumers are...more

Cordray Discusses Student Loans at Boulder Summer Conference on Consumer Financial Decision Making

by Ballard Spahr LLP on

Director Cordray spoke at the Boulder Summer Conference on Consumer Financial Decision Making this week, addressing student loan debt as a “pressing problem and a matter of grave importance to public policy in America.”...more

Government launches review of FCA and PRA enforcement processes

by Allen & Overy LLP on

On 6 May 2014, the Chancellor of the Exchequer announced that HM Treasury would undertake a review of the enforcement decision making processes for the Financial Conduct Authority (the FCA) and Prudential Regulation Authority...more

Anatomy of a Public-Private Partnership

by Lane Powell PC on

This article explores the anatomy of a public-private partnership in the context of major real estate projects entered into by a governmental body with a real estate developer or owner. The author has been involved in a...more

How To Retire Happy, According to One Author

by Saul Ewing LLP on

Another feature of the Baby Boom Generation moving into retirement is the plethora of books written on the subject. Retirement for Dummies is part of the Dummies series of books on how to do everything. Of course, it’s very...more

Getting to 'Yes', Part 3

by Group Dewey Consulting on

Getting to 'yes' in a proposal requires more than clarifying the client’s situation and objectives, offering solutions and providing evidence of the value of your recommendations. While this basic structure for a...more

Managing Peer Review Hearings and Litigation

In this presentation: - Overview and recommendations regarding hearing procedures. - Ways to maximize confidentiality and immunity protections under state law, HCQIA and the Patient Safety Act. -...more

NJ Assembly Approves Bill Granting Final Decision-Making Power to Office of Administrative Law

by Cole Schotz on

In an effort to streamline administrative law hearings, the New Jersey Assembly recently approved a bill granting the Office of Administrative Law final agency decision-making power in certain contested state agency cases,...more

Deloitte: Turnarounds and Democracy Don't Mix  [Video]

by Bloomberg Law on

April 26 (Bloomberg Law) -- William Snyder, co-head of the corporate restructuring group at Deloitte, talks with Bloomberg Law's Lee Pacchia about a new survey his group conducted on executive management during corporate...more

FCA Publishes Occasional Papers on Behavioural Economics Exploring How People Make Financial Decisions

In his first speech as CEO of the FCA, Martin Wheatley vowed to crack down on unsuitable financial products by using elements of behavioural economics to better understand investor decisions. ...more

Fragmented Workforces: Specialty Healthcare And The Advent Of “Micro-Units”

The National Labor Relations Board recently made it easier for unions to win representation elections by allowing unions to fragment workforces and cherry-pick the unit of employees most likely to support unionization. On...more

Consenting Adults: D.C. Circuit Tells Press To Stay Out Of SEC-AIG Relationship

What happens between a mature multinational insurance corporation and its regulator is nobody’s business, or so says the United States Court of Appeals for the D.C. Circuit, which issued an opinion in SEC v. AIG on February...more

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