News & Analysis as of

Waivers

FDA Issues Immediately Effective Guidance Allowing Waiver of Informed Consent for Minimal Risk Research

by Ropes & Gray LLP on

The United States Food & Drug Administration (FDA) has issued a guidance document announcing its intention not to object to an IRB’s waiving or altering the informed consent requirements for an FDA-regulated clinical...more

Washington Meal Breaks

by Dorsey & Whitney LLP on

The Washington Supreme Court held that an employer is not strictly liable under Washington law for an employee who voluntarily waives his or her meal break. The court also held that, once an employee has asserted a prima face...more

Building seawall erodes homeowners' rights to challenge conditions

by Thompson Coburn LLP on

The California Supreme Court recently held that you can’t have your cake and eat it, too. Two adjacent homeowners, with oceanfront properties in Encinitas, California, live on a coastal bluff that “cascades steeply down to...more

Chris Lazarini Comments on Waiver of the Right to Seek Arbitration

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which the defendant filed fraud and RICO actions in federal court against several persons and entities alleging they defrauded her out of millions of dollars....more

Burr Alert: This Old Waiver? I’ve Had it for Years

by Burr & Forman on

The Georgia Supreme Court has further eroded the viability of the Georgia confirmation statute with its recent decision in York v. RES-GA LJY, LLC. In York, the Supreme Court affirmed the lower court’s application of last...more

Turning Over Every Stone: Don’t Ignore Possible Exemptions And Waivers

by Fisher Phillips on

Many employers fail to fully appreciate the existence of a variety of exemptions from, or waivers of, some of California’s strict wage and hour regulations. A quick survey of common issues includes the following escape...more

California Judge Honors Delaware Forum Selection Bylaw

by Allen Matkins on

In May, I wrote about Judge Peter H. Kirwan’s ruling in Drulias v. 1st Century Bancshares, Inc., (Cal. Super. Ct. Case No. 16-CV-294673, Nov. 18, 2016). As readers may recall, Judge Kirwan declined to approve a disclosure...more

U.S. Government Guidance on Buy American Executive Order Could Signal Impending Headaches for Government Contractors

by Bass, Berry & Sims PLC on

On April 18, 2017, Donald Trump signed a Presidential Executive Order on Buy American and Hire American (EO). As we reported at the time, Section 3 of the EO directed the heads of all federal agencies to, among other things:...more

New York Paid Family Leave Law Contributions Have Started, While Proposed Regulations Are Revised

The Paid Family Leave Act will provide, when fully implemented, employees in the state of New York with up to 12 weeks of job-protected paid family leave to (1) care for a family member (including a child, parent,...more

New OIG Advisory Opinion Allows Waiver of Cost Sharing in Research Studies

The Office of Inspector General (OIG) recently issued Advisory Opinion 17-02, allowing waivers or reductions of cost-sharing amounts owed by financially needy Medicare beneficiaries in connection with certain clinical...more

N.D. and E.D. Tex. Courts Find Waiver of Venue Defense Notwithstanding TC Heartland Decision

The Supreme Court’s recent holding in TC Heartland settled several points of law: first, 28 U.S.C. § 1400(b) is the “sole and exclusive provision controlling venue in patent infringement actions; second, the broader venue...more

USCIS Makes H-1B Premium Processing Available for Physicians Under the Conrad 30 Waiver Program

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) unexpectedly announced that it would temporarily suspend its premium processing service for all H-1B petitions received on or after April 3, 2017. The...more

Senate Releases Repeal and Replace Legislation on ACA: The Better Care Reconciliation Act of 2017

by Foley & Lardner LLP on

After weeks of secrecy, the Senate has released a discussion draft of legislation that is the counterpart of the American Health Care Act (AHCA) previously passed by the House. The Senate legislation, entitled the Better Care...more

USCIS Resumes H-1B Premium Processing for Conrad Waiver Program Physicians

On Monday, U.S. Citizenship and Immigration Services (USCIS) resumed premium processing for all H-1B petitions filed for physicians under the Conrad Waiver program, as well as interested government interagency waivers....more

H-1B Premium Processing to Return on June 26 for Physicians Under the Conrad 30 Waiver Program

by Faegre Baker Daniels on

On Friday, June 23, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that premium processing for H-1B petitions — which the agency suspended for all such petitions beginning April 3, 2017 — will be brought...more

USCIS Will Resume H-1B Premium Processing for Physicians Under the Conrad 30 Waiver Program

by Pierce Atwood LLP on

USICS announced that – beginning June 26, 2017 – it will resume premium processing for all H-1B petitions filed for medical doctors under the Conrad 30 Waiver Program, as well as interested government agency waivers....more

The Better Care Reconciliation Act: Similarities to House Health Care Bill, Preserves Parts of ACA

by Bass, Berry & Sims PLC on

On June 22, 2017, Senate Republicans released a draft of the Better Care Reconciliation Act (BCRA), their much-anticipated version of the legislation to "repeal and replace" the Affordable Care Act (ACA). Despite rumors of a...more

Value-based health care: fraud & abuse laws

by Ropes & Gray LLP on

Michael Lampert, Ropes & Gray health care partner, discusses fraud and abuse law application to value-based health care arrangements. __ Much has been made about how the fraud and abuse laws, which were designed in order...more

Fifth Circuit Finds Payday Lender’s Submission Of False Worthless Check Affidavits Equates To Waiver Of Arbitration

by Carlton Fields on

Plaintiffs-Appellees brought suit against short-term lender PLS Financial Services, Inc., and PLS Loan Store of Texas, Inc. (collectively “PLS”), alleging the following scheme. First, as part of the application process, PLS...more

Chris Lazarini Discusses Burden-Shifting Analysis in Discrimination Case

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case in which the plaintiff, a former stockbroker, sued his employer after he was terminated claiming discrimination under the ADA and ADEA. Under these statutes and...more

Chris Lazarini Comments on When Appellate Courts May Consider Arguments Not Raised Below

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a former commodities broker appealed a decision ordering him to pay restitution to his former firm which had made its customers whole after the broker's...more

Insolvency at Its Limits: What Management and Creditors of Insolvent LLCs and LPs Should Know About Fiduciary Duties Waivers and...

by WilmerHale on

Delaware law allows members and partners of limited liability companies (LLCs) and limited partnerships (LPs) to waive the fiduciary duties of their management in their LLC or LP agreements. When an LLC or LP is insolvent,...more

Eleventh Amendment Revisited – Board Again Finds Sovereign Immunity Applies to PTAB

by Jones Day on

Less than four months after its decision in Covidien LP v. University of Florida Research Foundation Incorporated, finding that Eleventh Amendment sovereign immunity applies to PTAB proceedings, the Board has again dismissed...more

The PTAB Terminates IPR Based on Sovereign Immunity of University of Maryland

by Knobbe Martens on

On May 23, 2017, the PTAB granted the University of Maryland’s (UM) motion to terminate inter partes review based on UM’s sovereign immunity in Neochord, Inc. v. Univ. of Maryland, Baltimore and Harpoon Medical, Inc.,...more

Manatt on Medicaid: Massachusetts Waiver Amendment Proposes Transportation Benefit and Eligibility Changes

On May 12, 2017, Massachusetts released for public comment a proposed amendment to its MassHealth Section 1115 demonstration. MassHealth is a comprehensive demonstration that applies to the State’s entire Medicaid population....more

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