When setting up a 401(k) plan document as a plan sponsor, you have a lot of choices in plan provisions. Depending on the plan documents you’re using, there are problems thousands and thousands of different combinations. The problem… more

The government has stated that a well-designed compliance program includes “appropriately tailored training and communications.” Compliance policies cannot work unless effectively communicated throughout a company. Communications and… more

In today’s edition Sunday Book Review edition of Daily Compliance News: • Dare to Lead by Brené Brown • Extreme Ownership by Jonko WIllnik and Leif Babin • Never Split the Difference by Chris Voss • 13 Things Mentally Strong… more

In today’s edition of Daily Compliance News: • What is a recalcitrant (or pissed off) employee? (GoingConcern) • Guilty plea in PetroEcuador FCPA case. (WSJ) • Do they or don’t they? Deutsche Bank now says it doesn’t have Trump… more

• Reasonable disagreement among clinicians, by itself, does not result in a false claim. • Clinical judgment must be objectively false to constitute an FCA violation. • A clinical judgment may only be objectively false when there… more

The United States Securities and Exchange Commission wrapped up its fiscal year on September 30, 2019 with a flurry of enforcement actions filed in the final weeks of the month. These cases will provide fodder for analysis for months… more

New proposed regulations provide guidelines for alterations to certain interests in real estate mortgage investment conduits (REMICs) and loans held by REMICs to take into account the anticipated phaseout of LIBOR, the once-dominant… more

Sharply differing majority and dissenting opinions in the Federal Circuit’s recent American Axle & Manufacturing v. Neapco Holdings decision present yet another case where the Federal Circuit appears to be in need of further patent… more

The U.S. healthcare industry remains at a crossroads. The healthcare reform legislation passed under President Barack Obama in 2010, officially called the Patient Protection and Affordable Care Act (ACA) but widely referred to in the… more

On October 2 and 3, Womble Bond Dickinson participated in the always successful AHFA Regulatory Summit. This annual event is attended by leaders in the furniture industry as the presenters review significant legal and regulatory issues… more

A big focus of the #MeToo movement over the last several years has been on efforts to increase the statute of limitations for bringing sexual harassment claims. Governor Newsom just signed into law Assembly Bill 9 (Reyes), which will… more

In a recent resolution agreement, the US Department of Health and Human Services Office for Civil Rights (OCR) alleged that Elite Dental Associates (Elite), a dental practice in Dallas, Texas, impermissibly disclosed patients'… more

On October 9, 2019, the Centers for Medicare and Medicaid Services (“CMS”) and the Office of Inspector General for the Department of Health and Human Services (“OIG”) announced proposed changes to modernize and clarify the Physician… more

In its highly anticipated decision, the Supreme Court of Canada in Pioneer Corp. v. Godfrey, 2019 SCC 42 (Godfrey), a price fixing class action, settled a number of issues, including: whether umbrella purchasers have a cause of action;… more

The Department of Defense (DOD) recently promulgated a final rule limiting the DOD’s ability to use the Lowest Price Technically Acceptable (LPTA) method of procurement. The final rule — which took effect on October 1, 2019, and… more

In its 55th opinion this year, the Utah Supreme Court clarified that worker’s compensation applies to an employee who is injured not only on the employer’s premises, but also on the premises of another “in such proximity and relation”… more

On Wednesday, October 9, 2019 the Treasury Department published proposed regulations, primarily under Section 1001 of the Internal Revenue Code of 1986, as amended (the “Code”), in an attempt to clarify the federal income tax… more

Spare a thought for plant patents, which are often the forgotten children of the patent system. While utility patents address “any new and useful process, machine, manufacture, or composition of matter . . . ” (e.g., the better… more

The fact that a merger might be anticompetitive is not a reason to prohibit a transaction if all of the elements of the “failing firm defense” are met, as described below.  In fact, the antitrust agencies have long recognized that the… more

ISS has released its proposed proxy voting policy changes for the 2020 proxy season and is seeking comments by 5:00 p.m. EDT on October 18, 2019. ISS’s proposed policy changes, questions for comment and details about how to participate… more

If you watch Dateline, 20/20, 48 Hours or any other news program that covers notable crime stories, one trend has become more and more common – the use of cell phone/mobile device geolocation data to put alleged criminals at the scene… more

WELCOME TO THE INAUGURAL ISSUE OF INVENTIVE ASIA! Inventive Asia is a quarterly publication of Ropes & Gray’s intellectual property practice. The goal of this publication is to provide executive-level summaries on key developments… more

Due to the need for speed and efficiency in today’s fast-paced business environment, commercial contract review tends to focus on the economic provisions at the expense of the seemingly standard, “boilerplate” provisions. While often… more

Typically no. Loyalty programs can be, and are, structured in a variety of different ways.  Some programs track dollars spent by a consumer, others track products purchased.  Some programs are free to participate in, others require… more

A little over a year ago, the Better Utilization of Investments Leading to Development (BUILD) Act was signed into federal law, aiming to reform and strengthen US development finance capabilities by creating a new federal agency to… more