Waivers

TILA Prohibition on Mandatory Arbitration Provisions in Mortgage Agreements Takes Effect June 1, 2013

by Loeb & Loeb LLP on 5/22/2013

The Consumer Financial Protection Bureau has enacted a new rule that will prohibit the inclusion of mandatory arbitration provisions and waivers of federal statutory causes of action in consumer mortgage and home equity loan...more

CMS Prevails in DSH Challenge Involving Waiver-Expansion Days

by Thomas W. Coons | Ober|Kaler on 5/22/2013

Over the years, CMS and its contractors have wrestled with how days approved under a Medicaid demonstration project should be counted, if at all, for purposes of the Medicare disproportionate share hospital (DSH) calculation....more

Can My Newborn Be Vaccinated Without My Permission?

by Janet Raasch | Lawyers.com on 5/18/2013

When born in a hospital, a baby is routinely given a hepatitis B shot, a vitamin K injection and an application of ointment in the eyes. In all states, a parent can refuse these treatments. It is best to use a waiver signed...more

The New Lien Waiver Form Prevents Subs And Suppliers From Being Strong Armed

by Joe Virene | Looper Reed & McGraw, P.C. on 5/14/2013

Historically, subcontractors and suppliers were compelled to sign onerous and overreaching lien waivers and releases in order to receive payment. In addition, many subcontracts contain lien waivers lurking in the boiler...more

Court Upheld A Waiver Of Property Code Rights And Affirmed A Deficiency Judgment Based On The Foreclosure Price

by David Johnson | Winstead PC on 5/14/2013

In New Millennium Homes, Inc. v. Texas Community Bank, NA, a debtor appealed a summary judgment granted to a lender based on a deficiency claim. No. 09-12-00073-CV, 2013 Tex. App. LEXIS 1598 (Tex. App.—Beaumont February 21,...more

The ERISA Litigation Newsletter - May 2013

by Justin Alex, Anthony Cacace, Doughlas Dahl, Lisa Berkowitz Herrnson, Jacklina Len, James R. Napoli, Brian S. Neulander, Myron Rumeld, Neal Schelberg | Proskauer Rose LLP on 5/13/2013

This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more

Prevailing Wages: Beware of Fee Waivers Even When They are Not Waived

by R. Michael Joyce | Allen Matkins Leck Gamble Mallory & Natsis... on 5/7/2013

In a surprising determination by the Department of Industrial Relations ("DIR"), a development was found to be a "public work" under Labor Code Section 1771 when a developer, in compliance with a fee ordinance, constructed...more

Rogers Towers: City Approves Partial Mobility Fee Waiver

by Wyman Duggan | Rogers Towers on 5/3/2013

The City of Jacksonville has enacted Ordinance 2013-94-E, granting a partial waiver of mobility fees for 18 months. The ordinance applies to both residential (single family and multifamily; existing lots and new development)...more

No Directors, No Officers, No Employees And No Agents – Now What?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 5/3/2013

Occasionally, a corporation may find itself with no directors and no management. Yet, the corporation does not cease to exist. One might wonder what use can there be in a corporation deprived of head and limb. In...more

Agencies Issue New FAQs Regarding Implementation of ACA

by James R. Napoli | Proskauer - ERISA Practice Center on 5/1/2013

The US Departments of Labor, Health and Human Services (HHS), and the Treasury (the “Agencies”) jointly issued yesterday a document entitled “FAQs about the Affordable Care Act Implementation Part XV” (“FAQs”) addressing four...more

Hospitals Prevail in Effort to Include Pennsylvania GA Days in the Medicare DSH Calculation

by Gregory Fliszar, Mark Gallant | Cozen O'Connor on 5/1/2013

Two of Mercy Health System’s hospitals (Nazareth Hospital and the former St. Agnes Medical Center) successfully challenged, before Judge Ludwig of the U.S. District Court for the Eastern District of Pennsylvania, the...more

FCC Grants Charter Waiver of Set-Top Box Integration Ban for Downloadable Security

by Paul Glist, Paul B. Hudson | Davis Wright Tremaine LLP on 4/19/2013

On April 18, 2013, the Federal Communications Commission (FCC) Media Bureau granted Charter Communications a two-year waiver of the “integration ban” requirement (that most leased set-top boxes include CableCARDs), in order...more

2014 Final Call Letter: CMS Raises Medicare Advantage Rates but Foreshadows Other Significant Program Changes

by Roy M. Albert, Theresa C. Carnegie, Tara Swenson | Mintz Levin - Health Law on 4/17/2013

After receiving many comments on its Draft Call Letter, CMS published its Contract Year 2014 Final Call Letter on April 1, 2013. The Final Call Letter addresses a wide variety of issues that will affect all parties involved...more

Broad Advance Waivers of Future Conflicts and Galderma

by Michael Downey | Armstrong Teasdale LLP on 4/17/2013

Lawyers sometimes doubt the effectiveness of advance waivers of future conflicts, particularly when the waiver is broad and does not specify potential adverse parties or representations. The recent trend nationally, however,...more

A Marital Disqualification

by Nancy Van Tine | Burns & Levinson LLP on 4/15/2013

I got caught this April Fools’ Day by a very funny and elaborate April Fools’ prank by my partner Shep Davidson, co-author with Renee Inomata of The In-House Advisor blog. It made me think about a real evidentiary...more

AT&T Case Confirms GAO's Broad View Of Waiver Authority

by K. Alyse Latour, Tina Reynolds, Bradley Wine | Morrison & Foerster LLP on 4/12/2013

The U.S. Government Accountability Office recently opened the door for government agencies to use their waiver authority under the Federal Acquisition Regulation, Subpart 9.5, during a protest to render academic a protester’s...more

Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million [Video]

by Bloomberg Law on 4/10/2013

April 10 (Bloomberg Law) -- Why the Residential Capital LLC examiner's report will cost almost $83 million is the first item on the new Bloomberg bankruptcy video with Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy...more

Avoid Getting Between A Rock And A Hard Place: Don’t Become A Client’s Surrogate In Communicating With The Government

by David F. Axelrod, Adam M. Galat | Shumaker, Loop & Kendrick, LLP on 4/9/2013

Sometimes, even seemingly innocuous acts can cause intractable problems. In one recent tax case, United States v. Matsa, S.D. Ohio No. 09-297, 2010 WL 117548 (Oct. 19, 2010), a simple letter from an attorney to the government...more

Little Tucker Act Does Not Waive Sovereign Immunity For Alleged Violation Of Fair Credit Reporting Act

by June D. Coleman, Danielle Teeters | Kronick, Moskovitz, Tiedemann & Girard on 4/5/2013

The United States Supreme Court recently held that the Little Tucker Act does not waive the sovereign immunity of the United States in an action for damages alleging a violation of the Fair Credit Reporting Act (“FCRA”). The...more

More Paper? CFPB Revamps Disclosure and Delivery Requirements for Valuations under ECOA

by Nanci Weissgold, Kathryn Williams | K&L Gates LLP on 4/4/2013

Come January 2014, creditors will be required to equip borrowers with more information on how the value of the borrower’s home is determined, even if the creditor doesn’t use that information in making its lending decision....more

Business Litigation Report -- March 2013

by Quinn Emanuel Urquhart & Sullivan, LLP on 4/3/2013

In This Issue: - Firm News: Quinn Emanuel Recognized as a “2013 Go-To Law Firm for Top 500 Companies” and Quinn Emanuel Named Law360 Class Action Practice Group of the Year - Main...more

Real Estate Litigation Update: Statute of Frauds? It Had Better Be Written. Sort of.

by Fuerst Ittleman David & Joseph, PL on 3/28/2013

Leave it to Don King to muddy the legal waters. Consistent with its recent pattern of strictly enforcing agreements, the Florida Supreme Court issued a decision that refused to expand exceptions to the Statute of Frauds. DK...more

A Breach Of A Fiduciary Duty Claim May Be Waived

by Schecter Law on 3/25/2013

A dispute arose between Band and Libby regarding the development and construction of a luxury condominium. Band, the managing general partner of the development and an attorney, contacted Libby to invite him to become an...more

Appeals Court Upholds Rule Allowing NJDEP to Waive Compliance with Its Own Regulations

by McCarter & English, LLP on 3/25/2013

On March 21, the Appellate Division of the New Jersey Superior Court issued an opinion rejecting a challenge by environmental groups to new rules of the New Jersey Department of Environmental Protection (DEP) that authorize...more

Avoiding Inadvertent Privilege Waivers: A Primer

by Licyau Wong | Foley & Lardner LLP on 3/13/2013

You are an associate in a law firm who has just been assigned the responsibility of managing a document production in a breach of contracts case. There are 700,000 electronic documents to be reviewed, and there is a...more

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TILA Prohibition on Mandatory Arbitration Provisions in Mortgage Agreements Takes Effect June 1, 2013

CMS Prevails in DSH Challenge Involving Waiver-Expansion Days

Can My Newborn Be Vaccinated Without My Permission?

The New Lien Waiver Form Prevents Subs And Suppliers From Being Strong Armed

Court Upheld A Waiver Of Property Code Rights And Affirmed A Deficiency Judgment Based On The Foreclosure Price

The ERISA Litigation Newsletter - May 2013

Prevailing Wages: Beware of Fee Waivers Even When They are Not Waived

Rogers Towers: City Approves Partial Mobility Fee Waiver

No Directors, No Officers, No Employees And No Agents – Now What?

Agencies Issue New FAQs Regarding Implementation of ACA

Hospitals Prevail in Effort to Include Pennsylvania GA Days in the Medicare DSH Calculation

FCC Grants Charter Waiver of Set-Top Box Integration Ban for Downloadable Security

2014 Final Call Letter: CMS Raises Medicare Advantage Rates but Foreshadows Other Significant Program Changes

Broad Advance Waivers of Future Conflicts and Galderma

A Marital Disqualification

AT&T Case Confirms GAO's Broad View Of Waiver Authority

Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million [Video]

Avoid Getting Between A Rock And A Hard Place: Don’t Become A Client’s Surrogate In Communicating With The Government

Little Tucker Act Does Not Waive Sovereign Immunity For Alleged Violation Of Fair Credit Reporting Act

More Paper? CFPB Revamps Disclosure and Delivery Requirements for Valuations under ECOA

Business Litigation Report -- March 2013

Real Estate Litigation Update: Statute of Frauds? It Had Better Be Written. Sort of.

A Breach Of A Fiduciary Duty Claim May Be Waived

Appeals Court Upholds Rule Allowing NJDEP to Waive Compliance with Its Own Regulations

Avoiding Inadvertent Privilege Waivers: A Primer

Bill on Bankruptcy: ResCap Report, a Bargain at $83 Million [Video]

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