Waivers

News & Analysis as of

Arbitration Article Series V: Challenging an Arbitration

In this case the losing party will file an annulment case. However, it may be possible to argue that the parties have accepted the tribunal’s jurisdiction, or have waived any right to object, or have lost that right by not...more

Manatt on Health Reform: Weekly Highlights - July 2016 #4

CMS’ increase of the “income verification threshold” makes eligibility determinations easier for consumers; Oregon CO-OP policyholders can credit out-of-pocket spending towards new plans; and report finds that 13 million...more

BOEM Unveils Tougher Guidelines for Supplemental Bonding on the US OCS

BOEM Unveils Tougher Guidelines for Supplemental Bonding on the US OCS July 21, 2016 The new guidelines restrict the ability of a company to rely on the financial strength of co-lessees to avoid additional supplemental...more

Latest Developments in Arbitration for the Construction Law Practitioner

G. T. Leach Builders V. Sapphire V.P.: Non-Signatories’ Right to Compel Arbitration; Waiver of Right to Arbitrate - By far, the most recent, significant arbitration development for construction law practitioners was the...more

Weekly Update Newsletter - July 2016 #2

GOVERNMENT CONTRACTS - Small Business Subcontracting Improvements - DOD, GSA, and NASA issued a final rule amending the FAR to implement the following regulatory changes made by the Small Business Administration,...more

IRS Proposes Restrictions on Employer Opt-Out Payments for ACA Coverage Waivers

In early July the IRS issued proposed regulations addressing the effect that employer payments to employees who waive employer-sponsored health coverage, known as Opt-Out Payments, have on determining whether an ACA-covered...more

FAA Regs For Small Drones — A Step In The Right Direction

On June 21, 2016, after a long wait and much anticipation, the Federal Aviation Administration announced that it had finalized the regulations that will govern the commercial use of small unmanned aircraft systems (UAS) in...more

NLRB Majority, Management Rights Clause Must Be Specific To Enable Employer To Make Unilateral Changes

Collective bargaining agreements, do not, and cannot cover every issue that will arise during their term. Matters concerning terms and conditions of employment that are not addressed in the labor contract have to be...more

Senate Committee Releases Report on Potential Stark Law Changes, Hearing Scheduled

On June 30, 2016, the Senate Finance Committee’s Republican staff issued a 20-page report discussing comments made by industry stakeholders after a December 2015 round-table on the future of the physician self-referral law,...more

Waivers of implied warranty strengthened for condo, home builders in Illinois

In two recent builder-friendly decisions, the First District and Supreme Court of Illinois have ruled that the standard conspicuous waiver of the implied warranty of habitability found in most builders’ sales agreements: 1)...more

Manatt on Medicaid: Monthly Expansion Recap - June 2016

Kentucky - Draft 1115 Waiver Application Includes Premium and Lockout Requirements for Medicaid Expansion Population - The Department for Medicaid Services released a draft 1115 demonstration application to...more

FAA's New Rules Are a Green Light For Growth of Commercial Drones

On June 21, 2016, the Federal Aviation Administration (FAA) released its long awaited amendments to regulations for the operation of small unmanned aircraft systems (“UAS”), defined as aircraft weighing less than 55 pounds....more

New Qatar Public Procurement Law

Last week the State of Qatar implemented a new public procurement law. The new law further aligns Qatar's public procurement laws with international best practice and should streamline public procurement in Qatar....more

Waiving Home Residency Requirements for Qualified Foreign Physicians

The United States is facing a monumental physician shortage. According to The Washington Post, our aging population may need as many as 90,000 additional physicians by 2025. In an effort to ameliorate the problem and...more

Drones: FAA Issues Long-Awaited Final Rule for Small Unmanned Aircraft Systems

On Tuesday, June 21, the Federal Aviation Administration issued Part 107, the Final Rule for Operation and Certification of Small Unmanned Aircraft Systems (UAS). The Rule comes sixteen months after the FAA issued its Notice...more

FAA Issues Major New Rules Permitting Commercial Use of Drones

The FAA has issued its long awaited final rule regarding the certification and commercial operation of small unmanned aircraft systems (UAS) in the U.S. National Airspace System. Once effective, the rule will allow certain...more

New FAA Drone Rules

On June 21, 2016, the FAA issued its long-awaited regulations governing “Small Unmanned Aircraft,” or drone operation. The regulations allow the use of drones weighing less than 55 pounds, traveling less than 100 mph...more

FAA Issues Final Rule for Businesses to Use Drones

The Federal Aviation Administration (FAA) has issued its final rule on how businesses may use small unmanned aircraft systems (UAS), often referred to as drones. The rule, which will be commonly known as Part 107, is expected...more

Health Care IT Program Discusses Alternative Payment Model Opportunities

A distinguished panel of providers, consultants and IT firms convened on Tuesday, June 21st in New York at the Foley and Lardner LLP offices to share a discussion focused on the convergence of IT spend and new value based...more

"The E-Discovery Digest - June 2016"

The fourth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, cost shifting and other e-discovery...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June 2016

Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862...more

Contractual Waiver of Subrogation Applied to Owner’s Non-Work Property

After an insurer pays for a covered loss by an owner under a property policy the insurer generally has the right, whether under the common law, statute or the policy itself, to seek recovery of the payment from the...more

Manatt on Health Reform: Weekly Highlights - June 2016 #4

Massachusetts releases $1.8 billion DSRIP program waiver for public comment; CMS awards $32 million in grants to enroll uninsured children in Medicaid/CHIP; and Wisconsin withdraws proposed changes to Medicaid long-term care....more

All Assets Are Not Created Equal When It Comes to IRA Rollovers (PLR 201547010)

When the taxpayer in PLR 201547010 decided to invest his IRA assets in a partnership, he forgot to check whether his IRA provider was able to hold an interest in a partnership as an investment in the IRAs for which it served...more

New Jersey Employers Cannot Reduce Employees' Time To File Discrimination Claims From Two Year Statute Of Limitations, Rules...

The New Jersey Supreme Court has held that employment agreements shortening the time in which an employee may file a discrimination claim against his or her employer under the New Jersey Law Against Discrimination (LAD) are...more

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