Waivers

News & Analysis as of

Exceptions to Restrictions - Using the Visa Waiver Program (VWP)

In our last post, we discussed the Visa Waiver Program Improvement and Terrorist Prevention Act of 2015 (the “Act”). It prevents a citizen of one of 38 VWP countries (Australia, Italy, Japan, Switzerland, etc.) who is also a...more

Oral Waiver Insufficient to Defeat Contractor’s Liability for Building Code Violation

The Massachusetts Appeals Court, in Downey, et al. v. Chutehall Construction Co., Ltd., 88 Mass. App. Ct. 795 (January 6, 2016), recently held that an oral waiver of compliance with the building code by a homeowner does not...more

Practical Post-Grant Tip: Waiver of Service

When considering an inter partes review in conjunction with a pending patent infringement suit, defendants must time the filing of their petition to beat the one-year-from-service bar imposed by 35 U.S.C. § 315(b). ...more

Manatt on Health Reform: Weekly Highlights - February 2016

Virginia submits a $1 billion DSRIP application; Michigan's Governor will request authority to extend Medicaid coverage to Flint residents aged 21 and under; and Hawaii reinstates small business tax credits in its updated...more

The Rosenbaum Law Firm Review - January 2016

Future Trends In 401(k) That A Plan Sponsor Should Be Aware Of. Who to pick and why. What was good yesterday might not be good today. There were cigarette ads in the 1930s that suggested that smoking had health...more

Medicaid Update - January 2016

Welcome to the inaugural issue of "Manatt on Medicaid: Monthly Expansion Recap," a new companion publication to Manatt's weekly health reform highlights newsletter. For those of you laser-focused on Medicaid expansion, the...more

Manatt on Medicaid: CMS Approves California's Delivery System Reform Incentive Payment (DSRIP) Waiver Renewal

On December 30, 2015, the Centers for Medicare and Medicaid Services (CMS) approved California's request to renew its waiver under Section 1115 of the Social Security Act. A significant component of the waiver is the Delivery...more

Waiver By Confusion: When There Is a Split of Authority, Do You Know Where Your Court Stands?

Recognizing splits of authority and knowing where your court stands on the issue can be critical to avoid waiver. Lawson v. Sun Microsystems, Inc., 791 F.3d 754 (7th Cir. 2015), cert. denied, 84 USLW 3130 (U.S. 2016),...more

Reminder: Ad Campaign featuring Current Olympians Must be Filed with the USOC by January 27, 2016

If you are planning to use a Rio 2016 Olympic Games athlete in a U.S.-based advertising campaign that will run between 24 July and 24 August 2016, then you must submit your campaign to the United States Olympic Committee...more

Employers Should Not Rely on Employer Handbooks to Create Enforceable Arbitration Agreements

In a recent published opinion, the New Jersey Appellate Division held that an arbitration clause in an employee handbook was unenforceable because the handbook also contained standard disclaimer language stating that the...more

CMS Grants California’s Request for Five-Year Medicaid Waiver

On December 30, 2015, CMS approved California’s request for a five-year waiver to extend California’s Section 1115(a) demonstration project, entitled “California Medi-Cal 2020 Demonstration.” According to the CMS approval...more

Avoid a soap opera with updated Beneficiary forms

Yes, I will admit it: I love soap operas. My favorite show of all-time is Dallas and when I was a senior in high school and I was at home around 12:30 pm, I watched in succession: Young and The Restless, Bold and The...more

The Hardship Exception to the Medicaid Penalty Period: Rare But Possible

If you transfer assets within five years of applying for Medicaid, you will likely be subject to a period of ineligibility. There is an exception, however, if enforcing the penalty period would cause the applicant an "undue...more

Court Affirmed Summary Judgment For Defendant/Attorney Regarding A Breach Of Fiduciary Duty Claim Arising From A Conflict of...

In Macias v. Gomez, a client sued his attorney for breach of fiduciary duty arising from the attorney’s trust later suing the client. No. 13-14-00017-CV, 2015 Tex. App. LEXIS 12967 (Tex. App.—Corpus Christi December 29, 2015,...more

PRA publishes FICOM waivers

PRA has published guidance on the application and supplementary forms that should be submitted by firms requesting a Financial Conglomerates (FICOM) Directive waiver. ...more

The More the Merrier: Court Rejects Waiver Argument, Enforces Arbitration Clause in Consumer Contract

A federal district court in Oklahoma recently rejected a defaulting borrower’s attempt to argue that her lender’s pursuit of foreclosure litigation waived the lender’s right to insist on arbitration of the borrower’s...more

HHS and Treasury issue guidance on 1332 waivers

While the Affordable Care Act (ACA) created a multitude of new requirements centered around the subsidies to individuals in the new Marketplaces, it also created a potential safety valve for states to make adjustments to the...more

Rights of Visual Artists

The Visual Artists Rights Act (VARA) is part of the U.S. Copyright Law and is found at 17 U.S.C. §106(A). This law went into effect in 1990 and grants certain rights to visual artists. It is akin to moral rights laws which...more

Court Holds That Damage Waiver and Forced Place Protection Plan in Self Storage Rental Agreement Is Not Insurance

In Heckart v. A-1 Self Storage (No. D066831, filed 12/30/15) a California appeals court held that damage waiver, indemnity and insurance provisions of a self-storage facility’s rental agreement did not make a forced-place...more

Manatt on Medicaid: CMS Approves Michigan’s Waiver Amendment to Implement Reforms to ACA Medicaid Expansion

On December 17, 2015, the Centers for Medicare and Medicaid Services (CMS) approved Michigan’s request to amend its Healthy Michigan Section 1115 demonstration, through which the State provides coverage for more than 594,000...more

Health Update - December 2015

Lessons from Hawaii's Trailblazing ACA 1332 Waiver Proposal - Editor's Note: On September 9, Hawaii became the first state to post a draft 1332 waiver proposal for public comment. While Hawaii's proposal focuses on the...more

New Guidance Outlines Requirements for State Innovation Waivers

New guidance from Centers for Medicare & Medicaid Services (CMS) places the spotlight on the ability of states to seek approval of “State Innovation Waivers” to test new approaches for delivering health insurance reform....more

Insurance News, December 2015

Schaeffler Holding, LLP v. United States, No. 14-1965, 2015 WL 6874979 (2d Cir. 2015) - Generally speaking, the “common interest doctrine” is an “exception to the general rule that voluntary disclosure of confidential,...more

Manatt on Health Reform: Weekly Highlights - December 2015 #3

Guidance from HHS and Treasury sets a high bar for 1332 waiver approvals; Kentuckians support Medicaid expansion and their State Marketplace despite plans to change course; and South Dakota's executive budget includes funds...more

HHS, Treasury Issue Guidance on ACA State Innovation Waivers

The Departments of Health and Human Services (HHS) and Treasury have issued joint guidance on Affordable Care Act (ACA) “Section 1332” waivers, through which states can apply to implement alternative mechanisms to provide...more

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