In a controversial move, the Texas Comptroller is poised to amend Rule 3.330, Data Processing Services, effectively rewriting the rules to favor the contentious stance it has adopted in recent audits and litigation. This…
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/ Administrative Law, Business Organizations, Taxation
On September 13, 2024, the Colorado Attorney General’s (AG) Office published proposed draft amendments to the Colorado Privacy Act (CPA) Rules. The proposals include new requirements related to biometric collection and use…
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/ Business Organizations, Business Torts, Consumer Protection, Privacy
The US Departments of the Treasury, Labor, and Health and Human Services (the Departments) recently issued much-anticipated final regulations under the Mental Health Parity and Addiction Equity Act (MHPAEA). The newly issued…
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/ Health, Insurance, Labor & Employment Law
On September 9, 2024, the US Departments of Health and Human Services (HHS), Labor, and the Treasury (collectively, the Departments) finalized a rule titled Requirements Related to the Mental Health Parity and Addiction Equity…
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/ Health, Insurance, Labor & Employment Law
Should Congress Stay or Should They Go Now?
Congress has two more weeks to extend government funding past the September 30 deadline through a short-term continuing resolution (CR). So, the question isn’t really if they…
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/ Administrative Law, Health
House Education & the Workforce Health, Employment, Labor, and Pensions Subcommittee Holds Hearing on ERISA’s 50th Anniversary. Members and witnesses assessed how the Employee Retirement Income Security Act of 1974 (ERISA) and…
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/ Health, Insurance, Labor & Employment Law
Check out our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of September 2, 2024 – September 6, 2024.
September 2, 2024: The IRS released Internal Revenue Bulletin…
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/ Administrative Law, Finance & Banking, Taxation
Biden Administration Issues Final Reg on Mental Health Parity Requirements McDermott+ is pleased to bring you Regs & Eggs, a weekly Regulatory Affairs blog by Jeffrey Davis. Click here to subscribe to future blog posts…
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/ Administrative Law, Health, Insurance, Labor & Employment Law
For the second time in less than two weeks, a circuit court decided an appeal hinging on the Brulotte rule, which holds that patent royalties are impermissible when based on payments for the use of expired patents. Like the US…
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/ Administrative Law, Commercial Law & Contracts, Intellectual Property, Science, Computers, & Technology
The US Court of Appeals for the Federal Circuit clarified that a technical expert does not need to have been a person of ordinary skill in the art (POSITA) at the time of the invention. Instead, they may rely on later-acquired…
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/ Civil Procedure, Intellectual Property, Science, Computers, & Technology
The US Court of Appeals for the Second Circuit affirmed a district court’s judgment of copyright infringement against an internet book archive, holding that its free-to-access library did not constitute fair use of the…
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/ Civil Procedure, Commercial Law & Contracts, Intellectual Property
On August 23, 2024, the US Attorney’s Office for the Central District of California, which is the largest judicial district in the United States, announced a new Voluntary Self-Disclosure and Whistleblower Pilot Program. The…
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/ Business Organizations, Criminal Law, Labor & Employment Law, Securities Law
Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary…
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/ Administrative Law, Civil Procedure, Health
On August 1, 2024, Colorado legislation took effect amending the mandatory disclosures that mental health providers must make to their clients under state law. Providers of mental health services in Colorado should take note of…
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/ Health, Privacy
Congress is back from a long August recess. However, it is only back for a few weeks. During this window, there is only one major thing Congress must do: extend government funding past the September 30 deadline through a…
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/ Administrative Law, Health, Insurance