Waivers

News & Analysis as of

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

New Jersey Rejects Contractual Shortening of Limitations Period

The New Jersey Supreme Court’s decision forbids employers from contractually shortening the two-year limitations period under the state’s Law Against Discrimination. In a decision issued on June 15 that reversed two...more

Employers Cannot Shorten Time Frame to Bring Claims Under N.J. LAD

In a decision issued yesterday in Rodriguez v. Raymours Furniture Company, the Supreme Court of New Jersey ruled that provisions in employment agreements shortening the limitations period for bringing claims under the New...more

Statute of Limitations for New Jersey Law Against Discrimination Claims Cannot Be Shortened By Contract

Seyfarth Synopsis: The Supreme Court of New Jersey rules that employers may not shorten the statute of limitations for claims of discrimination under the New Jersey Law Against Discrimination via private contract. The...more

Reexamining HIPAA’s Applicability During Emergencies After the Tragedy in Orlando

Immediately following Sunday’s tragic shooting at a nightclub in Orlando, friends and family frantically gathered at Orlando Regional Medical Center, attempting to get information about their loved ones. However, hospital...more

Manatt on Health Reform: Weekly Highlights - June 2016#3

CMS targets short-term insurance plans in efforts to stabilize the individual market risk pool; Illinois mandates Medicaid coverage for opioid addiction treatment; and Michigan seeks to restructure State Medicaid financing....more

What Is Knowing and Voluntary? One Court’s Take on the Enforceability of ADEA Waivers

A recent district court opinion in Romero v. Allstate Insurance Company, et al., 2016 WL 2619853 (E.D. Pa. May 4, 2016), underscores that there is not a “one-size-fits-all” approach for employers seeking “knowing and...more

Déjà Vu All Over Again – FINRA Takes Another Look at Mutual Fund Sales Charge Waivers

The Financial Industry Regulatory Authority is once again taking a close look at member firm mutual fund sales practices and sales charge waivers (Mutual Fund Waiver Sweep) in the U.S. FINRA’s target exam letter seeks...more

Waivers of Ownership Limitation Provisions in REIT Charters

I. Why Do REITs Have Ownership Limits in the First Place? - Ownership limitation provisions are designed primarily to protect one of a REIT’s most valuable assets – its status as a REIT under the federal income tax...more

NC Legislative Update - June 2016

This Week - While the Senate was predominantly focused on the budget this week, the House moved forward with a number of high-profile issues. By a vote of 60-49, the House approved House Bill 1080, sponsored by Rep....more

Ohio Prepares Medicaid Waiver Request

Ohio is preparing a Section 1115 Medicaid demonstration waiver application that, if approved, would require most of the members enrolled in Ohio’s Healthy Ohio Program to pay premiums and copayments for their health care...more

No More Bidding – CMS 2, EGWPs 1

This Spring, CMS informed MAOs that offer Medicare Advantage EGWPs (employer group waiver plans) that they were no longer required to submit annual bids for EGWPs. Based on CMS’s explanation of why it adopted this change, it...more

Manatt on Medicaid: Monthly Expansion Recap - May 2016

Alaska - House Brings Medicaid Expansion Lawsuit to State Supreme Court - The Alaska House of Representatives has filed an appeal to the State Supreme Court seeking reinstatement of its lawsuit against Governor Bill...more

An Ounce of Prevention: Employing Foreign National Physicians in Physician Shortage Areas

Sponsoring a waiver for a J-1 “exchange visitor” can be a good way for healthcare employers to attract talented physicians to vacancies in underserved areas. Here is an example of how the J-1 process works and can help...more

Waiver Conundrum in Akamai v. Limelight Remand

In a lengthy litigation between Akamai Technologies, Inc. (“Akamai”) and Limelight Networks, Inc. (“Limelight”), the District of Massachusetts recently addressed whether Limelight waived issues presented in its Renewed Motion...more

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