Polsinelli

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900 W. 48th Place
Suite 900
Kansas City, MO 64112, United States
Phone: 816.753.1000
Fax: (816) 753-1536
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Bankruptcy
  • Business Organizations
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
  • Zoning, Planning & Land Use
See more
Locations
Other U.S. Locations
  • Arizona
  • California
  • Colorado
  • D.C.
  • Delaware
  • Georgia
  • Illinois
  • Kansas
  • Massachusetts
  • Missouri
  • New York
  • North Carolina
  • Tennessee
  • Texas
Number of Attorneys
400+ Attorneys

Regulators’ New Focus On Director And Officer Liability Insurance; Other Considerations

The Federal Deposit Insurance Corporation (the “FDIC”) issued an advisory statement on October 10, 2013, titled “Director and Officer Liability Insurance – Policies, Exclusions, and Indemnification for Civil Money…more

Corporate Officers, D&O Insurance, Directors, FDIC, Indemnification

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How Final Do You Want It To Be?: Recent Change To American Arbitration Association Rules Allows For Appeals In Certain Cases

In a prior e-Alert, the Commercial Litigation practice outlined the issues confronting your business when deciding whether to enter into a contractual arbitration agreement. The alert noted that an important issue to consider is…more

American Arbitration Association, Appeals, Arbitration

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To Forgive, Divine: Tax Amnesty Program Signed Into Law

On Tuesday, April 27, 2015, Missouri Governor Jay Nixon signed House Bill 384, which creates a Tax Amnesty Program for taxes administered by the Missouri Department of Revenue. This includes state income taxes, franchise taxes,…more

Income Taxes, Sales & Use Tax, Tax Amnesty, Withholding Tax

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Privacy and Data Security: 2017 Year in Preview

Few issues keep executives awake at night more than Privacy and Data Security. New regulations and threats alike are plentiful, varied, and evolving. The rate of change for cybersecurity and information governance continues to…more

Affordable Care Act, Apple, China, Cloud Computing, Cybersecurity

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HHS Finalizes Appeals Backlog Rule in Wake of Judicial Order

The U.S. Department of Health and Human Services (HHS) released a Final Rule aimed at reducing and eventually eliminating the backlog of more than 650,000 claims currently awaiting adjudication by an administrative law judge…more

Adjudicatory Process, ALJ, Amount in Controversy, CMS, Decision-Making Process

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FDA's 'Conversation Starter' Paper Suggests Altered Approach for Laboratories

While a new U.S. Food & Drug Administration discussion paper neither serves as legal guidance nor effects any immediate policy changes, its issuance does suggest that the FDA may take a less stringent approach to regulating…more

CLIA, Clinical Laboratories, FDA, Healthcare, Innovation

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Judge Endorses Extrapolation Techniques for False Claims Act Whistleblowers

In a lawsuit brought under the False Claims Act ("FCA") a federal district judge in Florida recently rejected a defendant's challenge to a statistical sampling and extrapolation methodology advanced by a qui tam plaintiff's…more

Burden of Proof, Daubert Standards, Financial Conduct Authority (FCA), Florida, Medicaid

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H-1B Cap Season in Full Swing

Engaging and retaining smart, competitively trained, and diverse talent is critical for all businesses competing in a global economy. For many U.S. businesses across all industries, this means employing foreign workers who have…more

DOL, Foreign Workers, H-1B, Highly-Skilled Workers Visa, USCIS

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Avoiding the “Gun Jumping” Trap in Mergers and Acquisitions

From the moment a merger agreement is signed, the parties are often eager to begin the process of integrating and consolidating their operations. But doing too much coordination before closing could constitute “gun jumping”—an…more

Antitrust Provisions, Competition, DOJ, FTC, Gun-Jumping

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Mobile Health Devices and Cybersecurity: Federal Guidance for Management of Threats in Medical Devices

New Technology = New Threats - With new technology comes new security concerns. But when that new technology is in the medical field, the cybersecurity vulnerabilities can be particularly devastating. The…more

Best Practices, Biometric Information, Cyber Attacks, Cyber Crimes, Cyber Insurance

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Banking and Financial Institutions Newsletter

President Trump Issues Executive Order Instructing Review of Financial Regulations - President Donald Trump on February 3rd issued an Executive Order (EO) detailing his Administration’s core principles for financial…more

CFPB, Constitutional Challenges, Consumer Financial Products, Cybersecurity, Dodd-Frank

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The Devil's Dictionary of Bankruptcy Terms: Receiver

The "Devil's Dictionary" is a quick-reference guide for commercial lenders and other restructuring professionals. In this series, we highlight many of the buzz words found in the Dictionary and used in today's bankruptcy arena…more

Bankruptcy Code, Commercial Bankruptcy, Court-Appointed Custodians, Court-Appointed Receivers

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Proposed Regulations Expand Definition Of Real Estate For REITS To Include Solar Sites

In This Issue: - Solar Sites - The Proposed Regulations - Intangible Assets - Distinct Assets - Examples in the Proposed Regulations - Effective Date - Excerpt from Solar Sites: A key…more

Property Tax, Proposed Regulation, Real Estate Investments, REIT, Solar Energy

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Designers, Contractors and Insurers Take Note: Recent Amendment to IL Statute of Repose Strips Asbestos Defense, Exposes Decades of Liability

On December 19, 2014 the Illinois legislature amended the Illinois construction statute of repose to eliminate its protection in asbestos exposure cases (Public Act 098-1131). Beginning June 1, 2015, design professionals and…more

Amended Regulation, Asbestos, Construction Industry, Statute of Repose

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Making Sense of the MACRA Final Rule, Part 2 of 3: Alternative payment Models

Many observers view the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) as a game changer for the delivery and payment of health care services. On Oct. 14, 2016 the Centers for Medicare & Medicaid Services…more

ACOs, Alternative Payment Models (APM), CEHRT, CMS, Electronic Health Record Incentives

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CMMI Requests Ideas to Spur Innovation and Reduce Burden

The Center for Medicare & Medicaid Innovation (CMMI) is seeking ideas on how to better drive change and reduce regulatory burden. CMMI solicited ideas to shape the agency’s future activities through a September 2017 “request for…more

ACOs, Alternative Payment Models (APM), CMMI, Health Care Providers, Medicaid

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IRS’s New, Optional Donor Form Causes Confusion

On September 16, 2015, the Internal Revenue Service (IRS) issued proposed regulations to provide an alternative method for substantiating charitable contribution deductions. In connection with these regulations, the IRS will…more

Charitable Deductions, Charitable Donations, IRS, Tax Deductions

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Brand Protection for Start-Up Breweries: A Six-Pack of Tips

As most brewery owners already know, your brand is a crucial business asset that takes a great deal of time, energy and money to establish. There are many things to consider when developing a brand strategy for your brewery;…more

Young Lawyers

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OIG Advisory Opinion Allows Waiver of Cost Sharing in Research Studies

Recently, the U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) issued an Advisory Opinion (17-02) that allows for waivers or reductions of cost-sharing amounts owed by financially needy Medicare…more

Anti-Kickback Statute, Cost-Sharing, Health Care Providers, Hospitals, Medicare

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Key Takeaways from FDA's New Guidance for Prescription Drug Compounders

On April 15, 2016, the Food and Drug Administration (FDA) released draft guidance that describes the FDA's interpretation of drug compounding standards under Sections 503A and 503B of the Food Drug & Cosmetic Act (FD&C Act). The…more

Comment Period, Drug Compounding, FD&C Act, FDA, Pharmaceutical Industry

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Federal Circuit Affirms Unpatentability in Much Anticipated First Review of CBM Decision

Since the America Invents Act (AIA) passed in 2012, Covered Business Method (CBM) reviews have become the Sword of Damocles hanging over the heads of non-practicing entities, also referred to as patent trolls. Many CBM reviews…more

Abstract Ideas, America Invents Act, Covered Business Method Patents, Non-Practicing Entities, Paid Time Off (PTO)

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Ninth Circuit Stuffs Policyholders on Defense of TCPA Class Actions

In a sweeping opinion in Los Angeles Lakers v. Federal Insurance Co., the Ninth Circuit on Aug. 23, held the Lakers are not entitled to insurance coverage for a class action lawsuit alleging claims under the Telephone Consumer…more

Breach of Contract, Class Action, D&O Insurance, Denial of Insurance Coverage, Insurance Industry

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St. Luke's Health: Does Improving Patient Care Justify a Merger Under Antitrust Law? Ninth Circuit Says "No" and Orders Divestiture

Healthcare providers frequently consolidate to cut costs and improve patient care. These benefits can result from sharing administrative costs such as billing and electronic recordkeeping, eliminating excess capacity, better…more

Antitrust Provisions, Divestiture, FTC, Hospital Mergers, Hospitals

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Assessing New Risks in Letters of Intent - Delaware Supreme Court Creates Increased Exposure by Recognizing a Duty to Negotiate in Good Faith

Prior to entering into a definitive commercial agreement, parties often enter into a letter of intent, a term sheet or a memorandum of understanding (a preliminary agreement). Some of the provisions in the preliminary agreement…more

Agreement To Negotiate, Commercial Contracts, Contract Negotiations, DE Supreme Court, Good Faith

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California Doesn't Care Where Your Headquarters Are Located – Your Employees May Be Covered Under its New Mandatory Paid Sick Leave Act

Are you a non-California company with employees who work in California from time to time? California's Healthy Workplaces, Healthy Families Act of 2014 ("the Act") provides for mandatory paid sick leave to any employee working…more

Airlines, Collective Bargaining, Compliance, Earned Sick Time, Healthy Workplaces Healthy Families Act 2014

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Employer Immigration Information Now Available To The Public

Recent changes by the U.S. Department of Labor will make public certain information concerning their foreign national employees. On July 1, 2013, in furtherance of the Department of Labor's Open Government Initiative, the…more

DOL, Foreign Nationals, Labor Certifications

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Catching Judge Sontchi’s “Flurry of Opinions” PARTS 2-3 OF 3

In This Issue: - In re: Energy Future Holdings Corp., et al, 14-10979 (CSS) (CSC Trust Company of Delaware, as Indenture Trustee, v. Energy Future Intermediate Holdings Company LLC and EFIH Finance, Inc., Adv. Pro No:…more

Chapter 11, Commercial Bankruptcy, Debt, Debtors, Indenture Trustee

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Reasonable Minds Differ - Circuit Split on Preliminary Injunctive Relief for Parties to Arbitration Agreements

This article compares the U.S. Court of Appeals’ differing positions on whether injunctive relief is available to parties to contracts with arbitration provisions. It is the first in a series of comparative studies highlighting…more

Arbitration, Arbitration Agreements, Choice-of-Law, Injunctive Relief

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Stop, Think, and Be Careful What You Ask For: Lessons and Opportunities Created by Recent Arbitration Ruling

On April 21, 2015, the Missouri Court of Appeals in City of Chesterfield v. Frederich Construction Inc. upheld an arbitration award that included substantial attorneys' fees to the prevailing party, in a construction case where…more

American Arbitration Association, American Rule, Appeals, Attorney's Fees, Construction Contracts

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CMS Encourages Continued Participation in Medicare Shared Savings Program with Final Rule

In This Issue: - ACO Eligibility Requirements - Establishing and Maintaining the ACO Participation Agreement - Data Sharing and Assignment of Beneficiaries - Shared Savings and Losses - Waivers of…more

ACO Participant Agreements, ACOs, CMS, Data-Sharing, Electronic Health Record Incentives

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Recent Federal Circuit Decisions Provide Mixed Messages on Patent Eligible Subject Matter

The Supreme Court’s Alice decision is now more than three years old, however, stakeholders, the courts and the U.S. Patent and Trademark Office are still struggling to understand Alice and, in particular, how to determine…more

CLS Bank v Alice Corp, Intellectual Property Litigation, Patent Infringement, Patent Invalidity, Patent Litigation

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Missouri Adopts Daubert Standard Governing the Admissibility of Expert Opinion Evidence

On March 28, 2017, Missouri Governor Eric Greitens signed House Bill 153 into law, repealing Section 490.065 RSMo governing the admissibility of expert witness opinion testimony and replacing it with provisions mirroring the…more

Admissibility, Daubert Standards, Evidence, Expert Testimony, Expert Witness

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New This Month: MO Supreme Court Limits the Construction Industry's Use of Certain Sales and Use Tax Exemptions

On January 13, 2015, the Missouri Supreme Court issued three decisions on sales and use tax that have limited the construction industry's ability to utilize certain exemptions in those areas. Companies that utilize such…more

Construction Industry, Contractors, General Contractors, Sales & Use Tax, Subcontractors

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Advisory on President Trump's Executive Order Suspending Entry of Foreign Nationals

On January 27, 2017, President Trump signed an Executive Order entitled Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals. The Executive Order suspends the entry of immigrants and…more

Executive Orders, Green Cards, Immigrants, Immigration Reform, Iran

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Becoming the Target of an Antitrust Lawsuit: Essential Considerations

Becoming the target of an antitrust lawsuit is a daunting prospect for any business. Antitrust lawsuits are often time-consuming and expensive to defend, and the consequences of losing a case can be severe. Under the Sherman Act…more

Antitrust Investigations, Antitrust Litigation, Antitrust Provisions, Case Consolidation, Competition

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What the DOJ’s Potential Policy Shift on Qui Tam Actions May Mean for Businesses

In a surprise announcement, the Department of Justice (DOJ) announced that the government will move to dismiss a qui tam action brought under the False Claims Act when it determines that the case has no merit…more

DOJ, False Claims Act (FCA), Qui Tam

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DOJ vs. OIG: Analysis of Recently Issued Federal Compliance Documents

Within just weeks of each other, the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) issued separate documents that health care organizations may use to…more

Compliance Management Systems, Corporate Governance, DOJ, Health Care Providers, Healthcare Fraud

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Colorado Supreme Court: Terminating an Employee for Marijuana Use Does Not Violate the Colorado Lawful Activities Statute

On June 15, 2015, the Colorado Supreme Court held that the Colorado Lawful Activity Statute does not prohibit an employer from terminating the employment of an employee for off-the-job use of medical marijuana. However, this…more

CO Supreme Court, Coats v Dish Network, Dish Network, Employment Policies, Hiring & Firing

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The NLRB Throws A Flag On The Northwestern Football Program

In a much awaited decision, the Regional Director for Region 13 of the National Labor Relations Board ("NLRB") has determined that grant-in-aid scholarship recipients on the Northwestern University football team are more than…more

College Athletes, NLRB, Unions

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The Devil's Dictionary of Bankruptcy Terms: Receiver

The "Devil's Dictionary" is a quick-reference guide for commercial lenders and other restructuring professionals. In this series, we highlight many of the buzz words found in the Dictionary and used in today's bankruptcy arena…more

Bankruptcy Code, Commercial Bankruptcy, Court-Appointed Custodians, Court-Appointed Receivers

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New 340B Dispute Resolution Process: Will It Level the Playing Field?

On August 12, HRSA published a formal proposed rule regarding a 340B Drug Pricing Program administrative dispute resolution (ADR) process. HRSA’s use of the administrative rulemaking process is a rare occasion given its…more

Arbitration, Comment Period, Covered Entities, Dispute Resolution, Drug Pricing

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The Dog Ate My Evidence: Document Destruction Policies And The Duty To Preserve

In This Issue: - The Duty to Preserve ..What triggers the duty to preserve? ..Who has a duty to preserve? ..What is the scope of the duty to preserve? - Litigation Hold Notices - Potential Sanctions…more

Adverse Inference Instructions, Corporate Counsel, Document Retention Policies, Duty to Preserve, Evidence

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IRS Issues Long-Awaited Final Regulations for Charitable Hospitals

In This Issue: - What You Should Do - Background - Final Regulations - Hospital Facilities and Organizations - Failures to Satisfy the Requirements of Section 501(r) - Community Health…more

Affordable Care Act, Charitable Organizations, CHNA, Exempt Organizations, Final Rules

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51 Flavors: A Survey of Small Estate Procedures Across the Country

Properly navigating a probate administration in any one state can be challenging enough, but often the client’s estate—and the attorney’s practice—is not so neatly confined within one state’s boundaries. Fortunately, for certain…more

Estate Planning, Probate

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Judge Endorses Extrapolation Techniques for False Claims Act Whistleblowers

In a lawsuit brought under the False Claims Act ("FCA") a federal district judge in Florida recently rejected a defendant's challenge to a statistical sampling and extrapolation methodology advanced by a qui tam plaintiff's…more

Burden of Proof, Daubert Standards, Financial Conduct Authority (FCA), Florida, Medicaid

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CRS Report To Congress On Internet Governance

On November 13, 2013, the Congressional Research Service ("CRS") issued a report to Congress entitled "Internet Governance and the Domain Name System: Issues for Congress." The focus of the report is the United States' support…more

Domain Names, gTLD, ICANN, Intergovernmental Agreements, International Trade Disputes

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Missouri Insurance Department Reaches $7.8 Million Settlement with Anthem

The Missouri Department of Insurance, Financial Institutions and Professional Registration (DIFP) recently announced that it has entered into a $7.8 million regulatory settlement w