Who Would Have Predicted It? Polymarket Settles for Operating Unregistered Swap Execution Facility

On January 3, 2022, the Commodity Futures Trading Commission (CFTC) announced an order against and settlement with Polymarket, a blockchain-enabled prediction market that allows users to “bet” on the occurrence of certain future…more

Blockchain, CFTC, Designated Contract Markets (DCMs), Enforcement Actions, Financial Markets

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National Security Focus on Cybersecurity for Critical Infrastructure Sharpens

Last year Colonial Pipeline halted one of the United States’ largest pipeline systems due to a ransomware attack. Within days a state of emergency was declared in 17 states. A few days later the pipeline resumed service, and…more

Biden Administration, Critical Infrastructure Sectors, Cyber Attacks, Cybersecurity, Executive Orders

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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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Supreme Court Opens the Doors for States to Tax More Online Sales

On Thursday, June 21, 2018, The Supreme Court of the United States issued its decision in the landmark South Dakota v. Wayfair, Inc. case, drastically changing the law for e-commerce and remote sellers…more

Appeals, Commerce Clause, Constitutional Challenges, Internet Retailers, Interstate Commerce

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U.S. Federal Privacy Bill Unveiled

On April 5, 2024 members of U.S. Congress released a draft bipartisan, bicameral federal privacy bill, the American Privacy Rights Act. In a press release, the stated goal of this legislation is to be “a national data privacy…more

Consumer Privacy Rights, Data Brokers, Data Management, Data Privacy, Data Processors

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New Form 5500 Rules Permit More Plans to Qualify for Audit Exemption

The Department of Labor, Internal Revenue Service, and Pension Benefit Guaranty Corporation recently issued final rules on employee benefit plan annual reporting requirements that are effective for plan years beginning on or…more

401k, 403(b) Plans, Compensation & Benefits, Department of Labor (DOL), Employee Benefits

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Group Health Plan Coverage Requirements Expanded to Include Non-Prescribed Over-the-Counter COVID-19 Testing

Effective January 15, 2022, health plans are required to cover the cost of over-the-counter (“OTC”) COVID-19 test kits obtained without a health care provider’s prescription or clinical assessment. This new requirement was…more

Compensation & Benefits, Coronavirus/COVID-19, Cost-Sharing, Employee Benefits, Employer Group Health Plans

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IRS Says: New Goal is to Restore Fairness by Using Tax Dollars to Audit More Millionaires, Partnerships and Large Corporations

Following our initial reaction to the Internal Revenue Service's strategic operating plan to spend $80B in funding allocated from the Inflation Reduction Act, Polsinelli’s Tax attorneys continue to monitor the IRS’ compliance…more

Artificial Intelligence, High Net-Worth, Income Taxes, Inflation Reduction Act (IRA), Internal Revenue Code (IRC)

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The Polsinelli Pulse: Mitigating Litigation Risk at the Deal Table and Beyond - Vol. 3

Mergers & Acquisitions And Paycheck Protection Program: Proceed With Caution - In Spring 2020, Congress adopted the CARES Act, which authorized $350 billion for the Paycheck Protection Program (“PPP”). With an additional $310…more

Acquisition Agreements, C-Suite Executives, CARES Act, Coronavirus/COVID-19, Cyber Insurance

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Health Care Reimbursement and Payor Dispute Update Special Edition – Year End Regulatory Review

The Centers For Medicare & Medicaid Services Issues New Inpatient Prospective Payment System Final Rule - On September 3, 2020, the Centers for Medicare & Medicaid Services (CMS) issued the fiscal year (FY) 2021 Medicare…more

Centers for Medicare & Medicaid Services (CMS), Cramdown, Drug Pricing, Health Care Providers, Healthcare Reform

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A Vaccine is Coming: Can Employers Require Employees to Take it?

As clinical trials continue across the world for a COVID-19 vaccine, many employers are asking whether they will be able to require employees to take the vaccine when it becomes available in the United States. Like with so many…more

Americans with Disabilities Act (ADA), Best Management Practices, Civil Rights Act, Coronavirus/COVID-19, Employee Rights

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Supreme Court Confirms the AIA On-Sale Bar Covers Secret Sales—But Invites Controversy over What Is “Otherwise Available to the Public.”

The Supreme Court recently issued its closely-watched decision in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., which has direct implications regarding the scope of § 102 prior art under the America Invents Act…more

America Invents Act, Appeals, Assignment of Inventions, Confidentiality Agreements, Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc

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Med-Staff Newsletter - October 2023 | VOL 12

Do the Right Thing — Reporting Voluntary Actions Taken While “Under Investigation” to the NPDB - Many health care entities struggle with the dilemma of whether and when to make reports to the National Practitioner Data Bank…more

Health Care Providers, Healthcare, Healthcare Reform, Healthcare Workers, Investigations

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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

Department of Labor (DOL), Foreign Workers, H-1B, Highly-Skilled Workers Visa, USCIS

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FTC and DOJ Signal Greatly Increased Scrutiny of Private Equity Firms’ Acquisitions in Health Care

The top enforcers at the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) are sending strong signals that private equity (PE) firms are likely to be the next target in the Biden…more

Acquisitions, Antitrust Provisions, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Mitigating Your Greatest Data Privacy Risk

Third-party vendors pose a significant risk - The greatest data privacy threat to companies is commonly thought to be that company’s employees. While employees can be a threat, the majority of data breaches and intrusions…more

Data Breach, Data Privacy, Data Protection, Information Security, Information Technology

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Silicon Valley Bank Receivership

1. What happened Friday? a. The California Department of Financial Protection and Innovation closed Silicon Valley Bank (SVB) and appointed FDIC as receiver…more

Banks, Deposit Accounts, Depository Institutions, Enforcement Actions, FDIC

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The Devil's Dictionary of Bankruptcy Terms: Fraudulent Transfer

Fraudulent Transfer: A transfer by the debtor (including the incurring of an obligation by the debtor) voidable under Section 548 or under state law imported into the bankruptcy case through Section 544…more

Bankruptcy Code, Commercial Bankruptcy, Fraudulent Transfers, UFTA

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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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CMS “Goes Fishing” on Stark Law’s Impediments to Value-Based, Coordinated Care

On June 20, 2018, the Centers for Medicare & Medicaid Services and Department of Health and Human Services issued a “request for information” (RFI) seeking input on strategies to reduce the burden of the federal physician…more

Alternative Payment Models (APM), Centers for Medicare & Medicaid Services (CMS), Fee-for-Service, Health Care Providers, Request For Information

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SCOTUS Rejects Defense-Friendly Scienter Standard In Schutte Opinion

On June 1, 2023, the Supreme Court of the United States (SCOTUS) issued its much-anticipated opinion in United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, Inc. (Schutte), holding that a…more

Drug Pricing, False Claims Act (FCA), Fraud, Government Investigations, Healthcare

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CMS Proposes Changes to Medicare Provider Enrollment Rules

The Centers for Medicare & Medicaid Services (“CMS”) published proposed changes to the Medicare Provider Enrollment requirements in the 2024 Medicare Physician Fee Schedule Proposed Rule (the “Proposed Rule”). If finalized, the…more

Centers for Medicare & Medicaid Services (CMS), Comment Period, Enrollment, Health Insurance, Healthcare

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Med-Staff Newsletter - August 2022 | VOL 10

Whether you are new to medical staff leadership or have served in the past and have been called to serve again, there are times when you will need to consult a lawyer who specializes in medical staff matters. While there is…more

Abortion, ADEA, Coronavirus/COVID-19, Dobbs v. Jackson Women’s Health Organization, Employer Liability Issues

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Using Endowed Funds in a Crisis: Key Considerations

It goes without saying that we are living in uncertain times and are experiencing events that are reshaping our lives in ways that many of us believed only to exist in science fiction books and movies. Nevertheless, while we all…more

Charitable Organizations, Coronavirus/COVID-19, Endowment Funds

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COVID-19 Challenges Medical Equipment Supply Chains

The COVID-19 pandemic is significantly disrupting international trade as global and domestic supply chains grapple with declining trade volumes and inadequate supplies of medical goods, including personal protective equipment…more

Coronavirus/COVID-19, Customs and Border Protection, Export Controls, FEMA, Imports

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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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Health Care Reimbursement and Payor Dispute Update Special Edition – Year End Regulatory Review

The Centers For Medicare & Medicaid Services Issues New Inpatient Prospective Payment System Final Rule - On September 3, 2020, the Centers for Medicare & Medicaid Services (CMS) issued the fiscal year (FY) 2021 Medicare…more

Centers for Medicare & Medicaid Services (CMS), Cramdown, Drug Pricing, Health Care Providers, Healthcare Reform

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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, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Pharmaceutical Industry

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Health Care Reimbursement and Payor Dispute Update - September 2022

Co-Location and the Provider-Based Rules – No News is…Good News? On July 15, the Centers for Medicare & Medicaid Services ("CMS") released the 2023 Outpatient Prospective Payment System proposed rule (“OPPS Proposed Rule”),…more

Centers for Medicare & Medicaid Services (CMS), Critical Access Hospitals, Health Care Providers, Health Insurance, Healthcare

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Pharmacy Benefit Managers Licensing and Compliance Developments

In response to calls for greater transparency in the prescription drug industry, 2021 continued a nationwide trend of increased state licensing and regulation of Pharmacy Benefit Managers (“PBMs”). In the last year, laws…more

Health Insurance, Insurance Regulations, Licensing Rules, New Legislation, Pharmaceutical Industry

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Design Patent Holders Rejoice, but Challengers Face an Uphill Battle

Design patent holders can rejoice, for now, as the Federal Circuit reinforces its stance on the invalidity of design patents based on obviousness. On January 20, 2023, the Federal Circuit upheld a decades old rule that governs…more

Design Patent, Intellectual Property Protection, Obviousness, Patent Infringement, Patent Invalidity

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California Supreme Court Expands PAGA Standing

On March 12, 2020, the California Supreme Court broadened the scope of who can bring a representative action claiming penalties under the 2004 Private Attorneys General Act (PAGA)…more

CA Supreme Court, Class Representatives, Employer Liability Issues, Labor Code, Labor Law Violations

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COVID-19 and Its Growing Impact on Commercial Contracts: How Should Contracting Parties Respond?

COVID-19 is causing a rapidly evolving public health crisis, and businesses face uncertainty about their commercial relationships. That uncertainty is raising questions about performance under contractual agreements that were…more

Business Interruption, China, Commercial General Liability Policies, Commercial Insurance Policies, Commercial Loans

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SEC Significantly Modifies Disclosure Rules for Mining Companies

On October 31, 2018, the United States Securities and Exchange Commission (SEC) amended its rules to revise and modernize disclosure requirements applicable to companies with mining properties or operations…more

Disclosure Requirements, Energy Sector, Gas Royalties, Mineral Exploration, Mining

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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, Federal Trade Commission (FTC), Hospital Mergers, Hospitals

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Estate Planning During Periods of Inflation and Market Volatility

Earlier this year the stock market entered bear market territory.  This happens when the market declines more than 20% or more from its most recent high.  The market decline has been attributed to several factors including…more

Charitable Remainder Trust, Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax

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What is 13th Month Pay and Why Should Employers Care?

Most American employers run payroll twelve or twenty-four times across a calendar year. In some countries, there is a “thirteenth month” to think about…more

Bonuses, Employer Responsibilities, International Labor Laws, Payroll Taxes, Salaried Employees

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The EEOC Issues its Final Rule about the Pregnant Workers Fairness Act

On April 15, 2024, the EEOC issued its final rule regarding the implementation of the Pregnant Workers Fairness Act (the “PWFA”), a law that went into effect on June 27, 2023. The final rule will be officially published in the…more

Employee Rights, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnancy

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Florida Legislative Session 2024: Health Care Highlights

The Florida Regular Legislative Session began on January 9, 2024, and ended on March 8, 2024. Below is a summary of relevant health care laws that will be effective July 1, 2024, if they are approved by Governor DeSantis…more

Cancer, Employee Benefits, Florida, Health Care Providers, Health Insurance

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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 Supreme Court Adopts New Independent Contractor Analysis

On April 30, 2018, the California Supreme Court adopted a new test to establish independent contractor status pursuant to the California Industrial Wage Orders. In Dynamex Operations W. v. Superior Court, 2018 WL 1999120 (Cal…more

ABC Test, CA Supreme Court, Employee Definition, Employer Liability Issues, Employment Litigation

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Six Steps Employers Can Take In Advance of a DOL Audit

If an employer is being audited by the US Department of Labor (DOL), there are several steps the employer can take to proactively prepare for and ultimately defend its practices..…more

Audits, Data Protection, Department of Labor (DOL), Family and Medical Leave Act (FMLA), Intellectual Property Protection

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Florida Legal Update: Laws of Interest Effective July 1, 2020

Business Legal Updates - Collegiate Student Athletes Can Now Receive Compensation - With the passing of Section 1006.74, F.S., effective July 1, 2020, intercollegiate athletes at a “postsecondary educational institution”…more

Assisted Living Facilities (ALFs), Fiduciary Duty, FinTech, Florida, Foreign Corporations

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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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Minimizing the Risk of Litigation: Acquisitions

In an acquisition, part of a buyer’s goal is to make as informed a decision as possible and to close the deal efficiently and inexpensively. Costly, post-acquisition litigation is the last thing any party to a transaction wants…more

Acquisition Agreements, Business Litigation, Contract Terms, Due Diligence, Purchase Agreement

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Ninth Circuit Reverses Landmark Wit Case Addressing Behavioral Health Coverage

The President and his administration continue to tout their efforts to strengthen coverage for behavioral health care, including significantly increasing behavioral health spending and strengthening parity between physical and…more

Biden Administration, Denial of Insurance Coverage, Employee Retirement Income Security Act (ERISA), Health Insurance, Health Plan Sponsors

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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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FDA Finalizes Rule Regulating Laboratory Developed Tests

FDA’s Final Rule regulating Laboratory-Developed Tests (LDTs) has been published in the Federal Register yesterday, May 6, 2024. This follows a decades-long effort by some stakeholders to clarify the regulatory status of these…more

Clinical Laboratories, Final Rules, Food and Drug Administration (FDA), Healthcare, Laboratory Developed Tests

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The European Union Has Assigned Your AI Some Homework

Seeking to build on the success and influence of GDPR, the European Union has spent the last seven years constructing a comprehensive regulatory scheme for artificial intelligence: The Artificial Intelligence Act (AI Act)…more

AI Act, Artificial Intelligence, Automation Systems, Cybersecurity, Innovative Technology

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IRS Releases Interim Guidance for Exempt Organizations on New Unrelated Business Income Tax Rules

The IRS and Treasury Department recently released new guidance for calculating the tax on unrelated business income (“UBI”) activities of tax-exempt organizations with more than one UBI activity. With the passage of the 2017 Tax…more

Income Taxes, Interim Guidance, IRS, Tax Cuts and Jobs Act, Tax Exempt Entities

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Texas Offers State Low-Income Housing Tax Credits

Texas Governor Greg Abbott (R) recently signed Texas House Bill (H.B.) 1058, making Texas at least the 28th state, plus the District of Columbia, to offer state low-income housing tax credits to bridge the growing affordable…more

Affordable Housing, Community Development, Construction Project, Critical Infrastructure Sectors, LIHTC

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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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Celsius Bankruptcy Case: February 2, 2023

As Celsius Network LLC, et al., Case Number: 22-10964 (MG), proceeds in the Bankruptcy Court for the Southern District of New York (the “Court”), the highly anticipated examiner report was released on January 31st…more

Bankruptcy Court, Chapter 11, Commercial Bankruptcy, Creditors, Examiners

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Illinois Supreme Court Allows Remote Jury Selection

The Illinois Supreme recently entered an Order allowing for immediate remote jury selection in an attempt to alleviate the COVID-19 pandemic’s enormous impact on the court system. See In re: Illinois Courts Response to COVID-19…more

Coronavirus/COVID-19, Infectious Diseases, Judicial Proceedings, Jury Selection, Jury Trial

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Delaware Court of Chancery Extends Business Judgment Deference to Controller-Driven Stock Reclassification Transaction

Recent Delaware court decisions have underscored the value of procedural safeguards in controlling stockholder transactions—which, at least when involving minority freeze-outs, historically were subject to entire fairness…more

Business Judgment Rule, Controlling Stockholders, Freeze-Out Mergers, Reclassification Rules, Stocks

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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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Tech Transactions & Data Privacy 2021 Report

As we bid farewell to 2020 and look toward the uncharted territory of 2021, it is hard not to take inventory of all that has changed in such a short period. No one at the beginning of 2020 would have predicted what transpired…more

Artificial Intelligence, California Consumer Privacy Act (CCPA), Communications Decency Act, Contact Tracing, COPPA

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President Trump Bans Entry of Certain Temporary Foreign Workers, Extends “Green Card” Ban Through 2020

President Trump has issued a new Executive Order extending the current ban on immigrant visas for those outside the United States, as well as barring entry of new classes of nonimmigrant visas, namely H-1B, H-2B, L, and J visas…more

Coronavirus/COVID-19, Foreign Workers, Green Cards, H-1B, H-2B

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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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Securities and Exchange Commission Modernizes Disclosure Requirements For Financial Institutions

On September 11, 2020, the Securities and Exchange Commission (the “SEC”) adopted final rules applicable to banks, bank holding companies, savings and loan associations and savings and loan holding companies that will, among…more

Corporate Governance, Disclosure Requirements, Financial Institutions, Financial Statements, GAAP

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A Scalpel, Not a Chainsaw: Supreme Court Drastically Limits the Telephone Consumer Protection Act’s Reach

In December, we reported on the oral argument in the U.S. Supreme Court in Facebook v. Duguid, which presented the question of what was required for equipment to qualify as an automatic telephone dialing system (“ATDS”) under…more

ATDS, Auto-Dialed Calls, Class Action, Facebook, Facebook Inc v Duguid

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Physician not a Hospital “Employee” for Purpose of Title VII Action

On May 8, 2019, the U.S. Seventh Circuit Court of Appeals reaffirmed its test to determine whether a worker qualifies as an “employee” as defined by and subject to Title VII protections. …more

Civil Rights Act, Employee Definition, Employer Liability Issues, Employment Litigation, Healthcare Facilities

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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, Department of Health and Human Services (HHS), Department of Justice (DOJ), Health Care Providers

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Financial Wellness Initiatives - Student Loan Debt Returns to Center Stage: Practical Considerations for Adding a Match for Student Loan Payments

The burden of student loan debt is an ever-present challenge for our former post-high school students.   As you probably know, President Biden had proposed a student debt forgiveness plan that was projected to relieve as much as…more

Consumer Financial Products, Debt Relief, Employee Benefits, Employee Contributions, Employer Contributions

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Employee Retention Tax Credits Update: IRS Warns Taxpayers to Beware

On October 19, 2022, the Internal Revenue Service (“Service”) issued news release IR-2022-183, which was intended to warn employers using third-party promoters of Employee Retention Tax Credits (“ERTCs”).  ERTCs were created by…more

CARES Act, Coronavirus/COVID-19, Corporate Counsel, Employee Retention, Internal Revenue Code (IRC)

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Department of Labor Proposes Rule to Increase Overtime Protections

On August 30, 2023, the U.S. Department of Labor (DOL) introduced a proposed rule that would increase the minimum salary required for an employee to be exempt under any of the so-called “White Collar Exemptions” from overtime…more

Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Federal Labor Laws, Minimum Salary

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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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‘Alkutkar v. Bumble’: Securing Active Consent for Updated Terms of Service

Overview - The District Court for the Northern District of California recently provided guidance in Alkutkar v. Bumble Inc., No. 22-CV-00422- PJH (N.D. Cal. Sept. 8, 2022), reconsideration denied, No. 22-CV-00422-PJH, (N.D…more

Advertising, Arbitration, Arbitration Agreements, B2B Transactions, Browsewrap Agreement

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Med-Staff Newsletter - August 2022 | VOL 10

Whether you are new to medical staff leadership or have served in the past and have been called to serve again, there are times when you will need to consult a lawyer who specializes in medical staff matters. While there is…more

Abortion, ADEA, Coronavirus/COVID-19, Dobbs v. Jackson Women’s Health Organization, Employer Liability Issues

See all updates »

The Devil's Dictionary of Bankruptcy Terms: Fraudulent Transfer

Fraudulent Transfer: A transfer by the debtor (including the incurring of an obligation by the debtor) voidable under Section 548 or under state law imported into the bankruptcy case through Section 544…more

Bankruptcy Code, Commercial Bankruptcy, Fraudulent Transfers, UFTA

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FTC Adopts Data Breach Notification Obligations for Non-Banking Financial Institutions

On October 27, 2023, the Federal Trade Commission (“FTC”) adopted an amendment to the FTC’s Safeguards Rule that will require non-banking financial institutions to notify the FTC within thirty days of discovering a data breach…more

Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Data Breach, Data Protection

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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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Colorado Supreme Court Vindicates the Colorado Oil and Gas Commission: Recent Ruling In Favor of the Oil and Gas Industry

In an important victory for Colorado’s oil and gas industry, the Colorado Supreme Court unanimously supported the decision of the Colorado Oil and Gas Conservation Commission (the “Commission”) to decline a rulemaking sought by…more

Climate Change, CO Supreme Court, Environmental Claims, Mineral Extraction, Oil & Gas

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Maryland Joins Trend Requiring Salary and Wage Disclosures in Job Listings

Effective October 1, 2024, Maryland will become the sixth state (plus the District of Columbia), to require that employers provide an upfront disclosure of the wage or salary range for open positions in job listings. The new law…more

Disclosure Requirements, Employer Liability Issues, Hiring & Firing, Job Ads, Job Applicants

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IRS Attacks Impact Investing With Flawed Logic: A Critical Review of the IRS Argument

On October 9th, the Internal Revenue Service released Private Letter Ruling 202041009 (the “Ruling”), which, in what many in the nonprofit community would have expected to be a relatively straight-forward exemption approval for…more

501(c)(3), Charitable Organizations, Investment, Investment Funds, IRS

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Florida Legal Update: Laws of Interest Effective July 1, 2020

Business Legal Updates - Collegiate Student Athletes Can Now Receive Compensation - With the passing of Section 1006.74, F.S., effective July 1, 2020, intercollegiate athletes at a “postsecondary educational institution”…more

Assisted Living Facilities (ALFs), Fiduciary Duty, FinTech, Florida, Foreign Corporations

See all updates »

Health Care Reimbursement and Payor Dispute Update Special Edition – Year End Regulatory Review

The Centers For Medicare & Medicaid Services Issues New Inpatient Prospective Payment System Final Rule - On September 3, 2020, the Centers for Medicare & Medicaid Services (CMS) issued the fiscal year (FY) 2021 Medicare…more

Centers for Medicare & Medicaid Services (CMS), Cramdown, Drug Pricing, Health Care Providers, Healthcare Reform

See all updates »

HHS OCR Issues New, Post-Dobbs Guidance

In the wake of the Dobbs decision, the Department of Health and Human Services (HHS), Office for Civil Rights (OCR) issued new guidance regarding the privacy of patients seeking reproductive health care. The guidance…more

Abortion, Department of Health and Human Services (HHS), Dobbs v. Jackson Women’s Health Organization, Equal Protection, Health Insurance Portability and Accountability Act (HIPAA)

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What Did I Agree To? Importance of Reviewing Arbitration Provisions

Polsinelli recently defeated a motion to dismiss a client’s judicial review of an arbitration award, successfully arguing that adopted arbitration rules that waive appellate rights do not waive a party’s right to judicial review…more

Arbitration, Arbitration Agreements, Arbitration Awards, Business Litigation, Commercial Court

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Critical Infrastructure Cybersecurity – Evolving Incident Response Obligations, Integral to Effective Risk Management

Just over a year ago, the White House issued its long-awaited National Cybersecurity Strategy, with an emphasis on defending Critical Infrastructure, promoting public and private collaboration, and safeguarding…more

Critical Infrastructure Sectors, Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA), Cyber Threats, Cybersecurity, Data Protection

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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, Federal Trade Commission (FTC), Hospital Mergers, Hospitals

See all updates »

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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Mitigating Your Greatest Data Privacy Risk

Third-party vendors pose a significant risk - The greatest data privacy threat to companies is commonly thought to be that company’s employees. While employees can be a threat, the majority of data breaches and intrusions…more

Data Breach, Data Privacy, Data Protection, Information Security, Information Technology

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SEC Proposes Changes to Modernize and Simplify Equity Compensation Rules and Registration Obligations

On November 24, 2020, the Securities and Exchange Commission (“SEC”) proposed amendments to Rule 701 and Form S-8 (the “Proposals”) under the Securities Act of 1933, as amended (the “Securities Act”)…more

Disclosure Requirements, Form S-8, Publicly-Traded Companies, Rule 701, Securities and Exchange Commission (SEC)

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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, Centers for Medicare & Medicaid Services (CMS), Electronic Health Record Incentives

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The Applicability of Anti-Fraud Rules to Certain Statements and Information made by Obligated Persons of Municipal Securities – A Legal Bulletin ‘Reminder’ from the Office of Municipal Securities

On February 7, 2020, the Securities and Exchange Commission’s (the “SEC”) Office of Municipal Securities released its Legal Bulletin No. 21 (the “Bulletin”) regarding the applicability of the anti-fraud provisions of the federal…more

Anti-Fraud Provisions, Disclosure Requirements, Investment Opportunities, Municipal Securities Issuers, Municipal Securities Market

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Easement Fund Victory on Perpetuity Will Result in More Attention on Valuation

In the latest victory for taxpayers, the Tax Court determined that the Treasury failed to follow federal law in enacting a conservation easement perpetuity rule known as the “proceeds regulation.” The majority opinion held that…more

Charitable Donations, Conservation Easements, Internal Revenue Code (IRC), IRS, Property Owners

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Health Reform + Related Health Policy News - December 2014, Issue 1

In This Issue: - Top News ..Congress Passes Omnibus Spending Package ..HRSA Cancels Plan for 340B ‘Mega Reg’; Congress Weighs Options ..Supreme Court to Hear Challenge to ACA Subsidies -…more

Affordable Care Act, Appropriations Bill, Centers for Medicare & Medicaid Services (CMS), Halbig v Burwell, Healthcare

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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, Centers for Medicare & Medicaid Services (CMS), Data-Sharing, Electronic Health Record Incentives

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Medicare Continues its Updates to Provider Enrollment Policies as Part of Efforts to Enhance Program Integrity and Transparency

The Centers for Medicare & Medicaid Services (“CMS”) continued its efforts to increase oversight of the Medicare program by updating Medicare provider enrollment regulations and policies through recent regulatory and…more

Centers for Medicare & Medicaid Services (CMS), Enrollment, Health Care Providers, Health Insurance, Healthcare

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ESOP Defendant Wins Partial Victory in Appeal to Fourth Circuit

The Fourth Circuit Court of Appeals has provided relief to a defendant who sold shares of company stock to an employee stock ownership plan (“ESOP”) by rejecting the district court’s legal conclusion concerning the calculation…more

Department of Labor (DOL), Employee Benefits, ESOP, Fair Market Value, Prohibited Transactions

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COVID-19 and Its Growing Impact on Commercial Contracts: How Should Contracting Parties Respond?

COVID-19 is causing a rapidly evolving public health crisis, and businesses face uncertainty about their commercial relationships. That uncertainty is raising questions about performance under contractual agreements that were…more

Business Interruption, China, Commercial General Liability Policies, Commercial Insurance Policies, Commercial Loans

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ESOP Defendant Wins Partial Victory in Appeal to Fourth Circuit

The Fourth Circuit Court of Appeals has provided relief to a defendant who sold shares of company stock to an employee stock ownership plan (“ESOP”) by rejecting the district court’s legal conclusion concerning the calculation…more

Department of Labor (DOL), Employee Benefits, ESOP, Fair Market Value, Prohibited Transactions

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Health Care Reimbursement and Payor Dispute Update Special Edition - Year End Regulatory Review

The end of 2021 brings positive indications of the continued acceptance of telehealth as an important clinical care approach post public health emergency (“PHE”). The Centers for Medicare and Medicaid Services (“CMS”), like…more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Health Care Providers, Health Insurance

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Reminder: Upcoming Filing Deadlines for Fund Managers

With the new year comes a number of annual compliance obligations for evaluation by investment fund managers. In addition to the obligation for registered investment advisers to conduct an annual review of their compliance…more

Beneficial Owner, Filing Deadlines, Fund Managers, Hedge Funds, Investment Funds

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Five Fast Facts about Washington’s New Noncompetition Law

On May 8, 2019, Washington Governor Jay Inslee signed into law a bill that prohibits employers from entering into noncompetition covenants with employees whose W-2 earnings are less than $100,000, and with independent…more

Employer Liability Issues, Employment Contract, Hiring & Firing, New Legislation, Non-Compete Agreements

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Texas Offers State Low-Income Housing Tax Credits

Texas Governor Greg Abbott (R) recently signed Texas House Bill (H.B.) 1058, making Texas at least the 28th state, plus the District of Columbia, to offer state low-income housing tax credits to bridge the growing affordable…more

Affordable Housing, Community Development, Construction Project, Critical Infrastructure Sectors, LIHTC

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Good News on the Horizon? FCA Reform Could Signal Relief for Health Care Providers

Good news may be in sight for businesses and health care providers. On April 28, 2016, the House Judiciary Committee's Subcommittee on the Constitution and Civil Justice once again considered potential updates to the…more

False Claims Act (FCA), Health Care Providers, Healthcare Fraud, Legislative Committees, Qui Tam

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Court Provides Additional Guidance On When Notes Are Not Securities - The Kirschner Case

The loan market breathed an immense sigh of relief this spring with the ruling in Kirschner v. JPMorgan Chase Bank, N.A. 1 (“Kirschner”) affirming the prevailing market view that notes representing syndicated loans are not…more

Contract Terms, Investment Management, JPMorgan Chase, Leveraged Loans, Securities Regulation

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Optum Seeks Massive Clawback of Medicare Advantage Plan Payments

Recently, Optum Behavioral Health (“Optum,” the services division for UnitedHealth Group) has initiated overpayment recovery actions against numerous licensed clinical social workers (“LCSWs”) across the country for services…more

Centers for Medicare & Medicaid Services (CMS), Clawbacks, Health Care Providers, Medicare Advantage, Overpayment

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Texas Supreme Court Confirms Texas Home-Equity Lenders Are Entitled to Equitable Subrogation Irrespective of Failures to Correct Curable Constitutional Defects in Loan Documents

Last week, the Texas Supreme Court issued a significant decision in favor of Texas home-equity lenders in Federal Home Loan Mortgage Corporation v Zepeda, No. 19-0712, answering “yes” to the following certified question from the…more

Home Equity, Home Equity Line of Credit, Lenders, Loan Documentation, Mortgages

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IRS Attacks Impact Investing With Flawed Logic: A Critical Review of the IRS Argument

On October 9th, the Internal Revenue Service released Private Letter Ruling 202041009 (the “Ruling”), which, in what many in the nonprofit community would have expected to be a relatively straight-forward exemption approval for…more

501(c)(3), Charitable Organizations, Investment, Investment Funds, IRS

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Private Biometric Data: Union Consent to Collection

On June 13, 2019, the U.S. Seventh Circuit Court of Appeals in Miller v. Southwest Airlines, Co., Case 18-3476 (June 13, 2019), ruled that claims asserted under the Illinois Biometric Information Privacy Act (“BIPA”), in the…more

Appeals, Biometric Information, Biometric Information Privacy Act, Case Consolidation, Data Collection

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Analyzing the Proposed 2019 Stark Reforms

The United Stated Department of Health and Human Services (“HHS”) published a notice of proposed rulemaking (NPRM) containing proposed changes to the Physician Self-Referral Law (“Stark Law,” or “Stark”) on October 17, 2019…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Healthcare Reform

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Renewable News - Spring 2013

In This Issue: - Federal Policy Update - TradeWind and Alabama Power Announce PPA for Kansas Project - NextEra Energy Resources Finalized Purchase of Kansas Project - Incentives Announced for $66 Million…more

Biofuel, Energy Projects, Renewable Energy, Wind Power

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Loan Enforcement and Creditors’ Rights

At times, lenders lose the promissory notes on defaulted loans. Lost notes are problematic because, in order to have standing to foreclose, a lender may be required in many states, including in New York, to possess the original…more

Banking Sector, Commercial Loans, Default, ECOA, Foreclosure

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HRSA Aims for Swift Dispute Resolution with new 340B ADR Final Rule

On April 18, 2024, HRSA released its 2024 340B Administrative Dispute Resolution (ADR) Final Rule (2024 ADR Final Rule) and it is largely favorable to covered entities (CEs) with pending ADR claims against drug manufacturers…more

Claim Procedures, Covered Entities, Dispute Resolution, Drug Pricing, Healthcare

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Fantasy Sports Sites Win Challenge to Publicity Rights in Indiana

Recently, the Seventh Circuit affirmed that fantasy sports operators, such as FanDuel and Draft Kings, do not violate a student athlete’s right of publicity under Indiana law by using their name, image and likeness without their…more

DraftKings, FanDuel, Fantasy Sports, Gambling, Name and Likeness

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FERC Proposes Changes to PURPA Regulations

On September 19, 2019, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) that outlines potentially significant changes to FERC’s regulations implementing the Public Utility Regulatory…more

Comment Period, FERC, Notice of Proposed Rulemaking (NOPR), PURPA, Qualifying Facility

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QFC Rule and Resolution Stay Protocol

Clients who have engaged in Qualified Financial Contracts (QFCs)—which include derivatives, repurchase agreements and securities lending—with large financial institutions may have received, or may soon receive, a notice…more

Consumer Financial Products, Derivatives, Financial Institutions, ISDA, Qualified Financial Contracts (QFC)

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FDA Preemption of State Law for False Labeling Survives Appeal to Supreme Court

Manufacturers of dietary supplements, food, beverages, and even medical devices can breathe a little easier following the Supreme Court’s denial of certiorari this week in a case seeking to overturn a First Circuit decision…more

Denial of Certiorari, Dietary Supplements, False Advertising, Federal Food Drug and Cosmetic Act (FFDCA), Food & Drug Regulations

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Meat Processing: COVID Liabilities

In the midst of the pandemic, meat processing facilities have struggled to meet demand while protecting employees. Governmental regulations, orders and guidelines often have seemed to be inconsistent with one another. Even…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Defense Production Act, Farm Animals, Food Manufacturers

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Divided Illinois Supreme Court Holds that BIPA Claims Accrue with Each Scan, Potentially Opening the Door to Massive Damages Awards

In a recent 4-3 decision, the Illinois Supreme Court held that claims under sections 15(b) and 15(d) of Illinois’ Biometric Information Privacy Act (BIPA) accrue each time a private entity collects a biometric identifier (such…more

Accrual Requirements, Biometric Information, Biometric Information Privacy Act, Damages, Data Collection

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New York to Consider Rolling Back Liquidated Damages for Pay Frequency Violations

New York Governor Kathy Hochul’s proposed budget for fiscal year 2025 includes proposed legislation that would amend New York Labor Law to make clear that liquidated damages are not available as a remedy for certain pay…more

Employer Liability Issues, Employment Litigation, Labor Law Violations, Labor Reform, Liquidated Damages

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Proposed Rule to Strengthen State Medicaid Fraud Control Units

A recently published proposed rule expands the functions and responsibilities of state Medicaid Fraud Control Units (MFCUs). The rule was issued by the Centers for Medicare and Medicaid Services (CMS) and the Office of…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Comment Period, Data Mining, False Claims Act (FCA)

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The MOAC Decision: Implications for DIP Lenders, Not Just for Asset Purchasers

The Supreme Court’s April 19, 2023, decision in MOAC Mall Holdings, LLC v. Transform Holdco, LLC, 598 U.S.­­­___, ___S. Ct.___, 2023 WL 2992693 (April 19, 2023) resolved an existing circuit split by holding that section 363(m)…more

363 Sales, Bankruptcy Code, Bankruptcy Court, Chapter 11, Commercial Bankruptcy

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Prop 15 is Ready to Rock Commercial Properties with the Split-Roll

On November 3, 2020, California voters will decide on Proposition 15, the citizen-initiated proposition that seeks to create a split-roll tax system in California. Also known as “The California Schools and Local Communities…more

Ballot Measures, Property Owners, Property Tax, Property Valuation, Real Estate Market

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U.S. Supreme Court Rejects Asbestos Defendants “Bare Metal Defense” in Maritime Cases

In Air & Liquid Sys. Corp. et al. v. DeVries et al., No. 17-1104 (March 19, 2019), the U.S. Supreme Court held that under federal maritime law, a product manufacturer has a duty to warn when its product requires the…more

Actual or Constructive Knowledge, Air and Liquid Systems Corp et al v Devries et al, Appeals, Asbestos, Asbestos Litigation

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New Texas Law Aims to Curb Local Prosecutorial Discretion

A new Texas law will go into effect on September 1, 2023 that is directly aimed at curbing the discretion of local prosecutors in deciding which classes or types of cases they choose not to pursue…more

Attorney Misconduct, Criminal Prosecution, District Attorneys, Healthcare, New Legislation

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New Clinical Trial Rule Alters Reporting Requirements

New federal requirements for posting of clinical trials information address how data collected in clinical trials are submitted for public consumption. The requirements were revealed on Sept. 16 when the Department of Health and…more

Clinical Trials, Department of Health and Human Services (HHS), Final Rules, Food and Drug Administration (FDA), Healthcare

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SEC Cybersecurity Guidance: Key Takeaways for Your Business

The U.S. Securities and Exchange Commission (“SEC”) recently released interpretive guidance regarding issues and risks related to cybersecurity for the first time since 2011…more

Cybersecurity, Disclosure Requirements, Insider Trading, Investment Adviser, Securities and Exchange Commission (SEC)

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AI is Fueling a Major Contract Dispute in the Music Industry: Why it Matters for Your Business

Whether or not you are a TikTok user, you have likely heard about how the platform allows creators to combine music clips with original content to create viral videos. The ability for users to leverage an extensive music…more

Artificial Intelligence, Contract Disputes, Corporate Counsel, Intellectual Property Protection, Mobile Apps

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How the Federal Tort Claims Act Extricates Certain Health Care Providers From Data Breach Class Action Suits

Data breach class action litigation continues to occupy center stage in the ongoing struggle to secure compensation and redress for legitimate victims of actionable cybersecurity shortcomings of data owners. The underlying…more

Class Action, Cybersecurity, Data Breach, Health Care Providers, Healthcare

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Member of an Arizona LLC? You May Have a Fiduciary Duty to the LLC

Arizona has finally resolved the issue of whether managers and members of an Arizona Limited Liability Company (LLC) owe a common law fiduciary duty to the LLC and whether an operating agreement can lawfully limit those…more

AZ Supreme Court, Business Litigation, Common Law Torts, Contract Terms, Duty of Care

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Health Reform + Related Health Policy News Update - April 2013

In this Issue: - Top News ..Large Hospital Systems Settles for $25.5 Million for False Claims Act Allegations ..Catholics’ Challenge to Contraceptive Coverage Mandate Dismissed As Not Ripe - States…more

Centers for Medicare & Medicaid Services (CMS), Contraceptive Coverage Mandate, False Claims Act (FCA), Healthcare, Hospitals

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Estate Planning Impact Of The Secure Act

The ‘Setting Every Community Up for Retirement Enhancement’ Act (the “SECURE Act”) was signed into law on December 20, 2019 and became effective January 1, 2020…more

401k, 403(b) Plans, Beneficiary Designations, Compensation & Benefits, Employee Benefits

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Health Care Fraud and Abuse 2023 Year in Review

Introduction - Polsinelli proudly introduces the Health Care Fraud and Abuse 2023 Year in Review, a comprehensive examination of the evolving landscape surrounding the False Claims Act (“FCA”) and fraud & abuse enforcement…more

Anti-Kickback Statute, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud and Abuse

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Delaware Supreme Court: No General Jurisdiction Over Non-Delaware Businesses Simply by Virtue of Registering to Do Business in Delaware

Merely registering to do business in Delaware does not subject a non-Delaware company to the general jurisdiction of Delaware courts. In Genuine Parts Company v. Cepec, Delaware Supreme Court Chief Justice Leo E. Strine,…more

Corporate Counsel, DaimlerChrysler v Bauman, Delaware General Corporation Law, Due Process, Foreign Corporations

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Polsinelli Obtains Favorable Decision in Challenge to Colorado’s Medicaid Funding Program

Medicaid is a shared federal and state program. Federal and state dollars are combined so states can furnish Medicaid health coverage to poor and disabled Coloradans including many who need nursing facility care…more

Constitutional Challenges, Federal Funding, Health Insurance, Medicaid, State and Local Government

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Concerns and Considerations for Using Generative Artificial Intelligence as Part of Routine Business Operations

As artificial intelligence and machine learning (collectively “AI”) models continue to develop, become more sophisticated, and generate significant media coverage, companies are increasingly considering the integration of AI…more

Artificial Intelligence, Bias, Business Operations, Copyright Infringement, Innovative Technology

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Subscription Service Businesses Take Notice: Amendments to California’s Automatic Renewal Law Are Here

Subscription service providers should be aware of the various changes coming to California's automatic renewal law. California’s already stringent laws governing recurring subscription programs are about to become even more…more

Amended Legislation, Automatic Renewals, California, Cancellation Rights, Commercial Litigation

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California Bill Would Require Hospitals, Clinics and Other Health Facilities to Report Allegations of Patient Sexual Abuse to State Regulators

California Senate Bill 425, introduced in February 2019, would require health facilities and clinics to report any allegations of sexual abuse or sexual misconduct made against a clinician within 15 days of receiving the…more

Health Care Providers, Health Clinics, Healthcare Facilities, Internal Controls, Legislative Agendas

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IRS Says: New Goal is to Restore Fairness by Using Tax Dollars to Audit More Millionaires, Partnerships and Large Corporations

Following our initial reaction to the Internal Revenue Service's strategic operating plan to spend $80B in funding allocated from the Inflation Reduction Act, Polsinelli’s Tax attorneys continue to monitor the IRS’ compliance…more

Artificial Intelligence, High Net-Worth, Income Taxes, Inflation Reduction Act (IRA), Internal Revenue Code (IRC)

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Just What the Doctor Ordered: Employer Guidance for Responding To Coronavirus Outbreak

The recent outbreak of respiratory disease caused by a novel coronavirus that was first detected in Wuhan City, Hubei Province, has left many employers across the country grappling with how to effectively and lawfully protect…more

Best Practices, Business Continuity Plans, China, Coronavirus/COVID-19, Emergency Management Plans

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Polsinelli Podcast - Selling Your Business

When planning for the sale of a business, business owners may not recognize the value of a business’ intangible assets. Or, they may not be familiar with the process of transferring or selling those assets. For certain types of…more

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ACA "Pay Or Play" Deadline Extension — What It REALLY Means

On July 2, 2013, the U.S. Treasury announced that the Obama Administration is implementing a one-year delay of the employer and insurer reporting requirements under the Affordable Care Act of 2010 ("ACA")…more

Affordable Care Act, Deadlines, Delays, Employer Group Health Plans, Employer Mandates

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COVID-19 Surge and Travel Restrictions and Advisories are Upending Thanksgiving Plans Across the Country

With more than 1 million cases reported in the United States over the last 7 days and cases rising, the U.S. Centers for Disease Control and Prevention (“CDC”) issued guidance on November 19, 2020 recommending Americans not…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Emergency Management Plans, Infectious Diseases, International Travel

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SEC Updates and Simplifies Certain Disclosure Requirements

On August 17, 2018, the U.S. Securities and Exchange Commission (SEC) amended its rules to modernize and streamline certain disclosure requirements for public companies and those pursuing an IPO…more

Disclosure Requirements, Financial Regulatory Reform, GAAP, Initial Public Offering (IPO), Publicly-Traded Companies

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Hydrocarbon Tax Policy Trends

As governments focus on clean energy and carbon reduction initiatives, their oil and gas taxation policies have increasingly come under scrutiny. Polsinelli’s attorneys review a few overarching themes concerning expected trends…more

Carbon Pricing, Energy Policy, Gas Royalties, Hydrocarbons, Infrastructure

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Two Major Implications for Consumer Finance Industry from This Month’s Proposed CFPB Rules

When the Consumer Finance Protection Bureau (CFPB) released its study on the use of pre-dispute arbitration (PDA) clauses earlier this year, many expected the CFPB to propose a ban on all PDAs in contracts for consumer finance…more

Arbitration Agreements, Automotive Loans, Bank Accounts, Class Action, Compliance

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IRS Clarifies Requirements for Listing Providers in Financial Assistance Policies

On June 26, 2015, the Internal Revenue Service (IRS) released Notice 2015-46, which clarifies the requirement in the Treasury Regulations under Section 501(r)(4) that a hospital's financial assistance policy (FAP) must include a…more

Affordable Care Act, Compliance, Financial Assistance Policies, Health Care Providers, Healthcare

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Taking Care of Essential Business Despite Growing Number of Shelter in Place Orders — COVID-19

A growing number of states, six as of the publication date of this e-alert, along with the Puerto Rico, the Navajo Nation and a significant number of counties and municipalities, have issued mandatory “shelter in place” or “stay…more

Business Closures, Business Continuity Plans, Business Interruption, Coronavirus/COVID-19, Emergency Management Plans

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SCOTUS Appears Poised To Reject Defense-Friendly Safeco Scienter Standard In FCA Cases

On April 18, 2023, the Supreme Court of the United States (SCOTUS) heard oral arguments in a pair of monumental False Claims Act (FCA) cases to decide whether and when a defendant’s subjective understanding of an objectively…more

Drug Pricing, False Claims Act (FCA), Fraud, Healthcare, Oral Argument

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The Medicare Physician Fee Schedule for 2019

On November 1, 2018, the Centers for Medicare & Medicaid Services (“CMS”) released an advanced copy of the final rule announcing policies and payment levels for the Medicare Physician Fee Schedule for 2019, implementing policy…more

Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicare, Medicare Part B, Physician Fee Schedule

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Proposed Regulations on Disguised Payments for Services and Management Fee Waivers

On July 23, 2015, the Internal Revenue Service (“IRS”) issued a Notice of Proposed Rulemaking (the “Notice”) which proposed Treasury regulations under Section 707(a)(2)(A) of the Internal Revenue Code of 1986, as amended (the…more

Allocation of Funds, Clawbacks, Entrepreneurs, Fee Waivers, Internal Revenue Code (IRC)

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POTUS Changes WOTUS (“Waters of the United States”)

On December 28, 2018, the EPA published in the Federal Register a revised definition of “waters of the United States” (the “Proposed Rule”), as used in the Clean Water Act, to replace the current definition that was finalized in…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Jurisdictional Determination (JD), Navigable Waters

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Mastering Remote Work: Does Returning to the Office Mean Bringing Pets to Work?

With so much of the workforce going remote this past year, there has been a huge shift in the way many people view pet ownership. In fact, the national pet adoption rate jumped more than 30% at the beginning of the pandemic, and…more

Americans with Disabilities Act (ADA), Anti-Discrimination Policies, Business Continuity Plans, Coronavirus/COVID-19, Employment Policies

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Easement Fund Victory on Perpetuity Will Result in More Attention on Valuation

In the latest victory for taxpayers, the Tax Court determined that the Treasury failed to follow federal law in enacting a conservation easement perpetuity rule known as the “proceeds regulation.” The majority opinion held that…more

Charitable Donations, Conservation Easements, Internal Revenue Code (IRC), IRS, Property Owners

See all updates »

New Tax Program Incentivizes Long-Term Investment in Distressed Areas

As part of the major tax reform bill passed in December, the Tax Cuts and Jobs Act of 2017, Congress created a new program to promote long-term investments in low-income areas by providing the opportunity for taxpayers to…more

Community Development, Economic Development, Investment Funds, Low Income Housing, Low-Income Issues

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Federal Circuit Clarifies AIA On-Sale Bar Provision Applies Where Existence of Sale Is Public

Yesterday, the Federal Circuit provided much-anticipated guidance on the scope of the America Invents Act’s “on-sale” bar provision. Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., et al., Nos. 2016-1284, 2016-1787…more

Abbreviated New Drug Application (ANDA), America Invents Act, Generic Drugs, Hatch-Waxman, Intellectual Property Protection

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NLRB Overrules 2016 Decision Requiring Employers To Negotiate With Newly Certified Union Over Disciplinary Action

The National Labor Relations Board has overruled a previous Board’s 2016 Decision and reset an employer’s ability to discipline union-represented employees before reaching a first contract with the union…more

Collective Bargaining Agreements (CBA), Disciplinary Proceedings, NLRB, Retroactive Application, Unions

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The Privacy Survival Guide - August 2021

Virginia recently adopted a GDPR-inspired comprehensive data protection law for Virginia residents. What Are the Main Points Covered by Virginia’s Consumer Data Protection Act (CDPA)? …more

21st Century Cures Act, Biometric Information, Biometric Information Privacy Act, CDPA, Consumer Privacy Rights

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Health Care Reimbursement and Payor Dispute Update - September 2021

On July 1, 2021, the Departments of Health and Human Services (“HHS”), Treasury, and Labor, along with the Office of Personnel Management (collectively the “Departments”), issued the first tranche of regulations implementing the…more

Biden Administration, Drug Pricing, Health Care Providers, Health Insurance, Healthcare Reform

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What is the Impact of the FTC’s Final Non-Compete Rule on Franchisors and Franchisees?

As explained in Polsinelli’s prior alert of April 24, 2024, the FTC announced its final rule on non-compete covenants (the “Rule”) on April 23, 2024. Critically, the Rule does not prohibit non-compete agreements between…more

Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC), Franchisee

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Virginia General Assembly Reverses Virginia Supreme Court on Requirement that Leases of more than Five Years be in the form of a Deed

In legislative action that will be welcomed by Virginia landlords and their mortgage lenders, the Virginia General Assembly, in its most recent session, amended the Virginia Statute of Conveyances (Va. Code Ann. § 55-2) to…more

Deeds, General Assembly, Landlords, Leases, Reversal

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Missouri Joins States Legalizing Recreational Marijuana – Cutting Through the Haze on Missouri Amendment 3

This month, businesses in Missouri will be permitted to sell recreational marijuana products. The permitted sales are one of the many changes that came about because of Constitutional Amendment 3, which legalized the…more

Decriminalization of Marijuana, Employees, Employment Policies, Marijuana, New Legislation

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‘Just Give Me Some Space’ — Eleventh Circuit Clarifies “Similarly Situated” Standard

On March 21, 2019, in a 9-3 en banc decision, the U.S. Eleventh Circuit Court of Appeals clarified the “similarly situated” standard for comparator evidence in employment discrimination cases.  Lewis v. City of Union City,…more

Employer Liability Issues, Employment Discrimination, Employment Litigation, Evidence, Similarly Situated

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Supreme Court Reminds Companies to Monitor 401(k) Plan Investments, Sets Parameters for "Regular Review" Requirements

Companies and in-house fiduciaries face increasing scrutiny these days over their 401(k) and other retirement plans. This was underscored again recently by a key Supreme Court ruling. In Tibble v. Edison International, the U.S…more

401k, Benefit Plan Sponsors, Breach of Duty, Department of Labor (DOL), Employee Retirement Income Security Act (ERISA)

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Update on Pending Legislation: Three New Bills Have the Potential to Affect Generic Pharmaceutical Companies

In the first month of the 116th Congress, three bills have been introduced (or re-introduced) that have potential to impact generic pharmaceutical companies. …more

Abbreviated New Drug Application (ANDA), Exclusivity, Generic Drugs, Hatch-Waxman, Intellectual Property Protection

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Polsinelli-TrBK Distress Indices - Third Quarter 2018

We are pleased to announce the release of the Polsinelli-TrBK Distress Indices Report for the third quarter of 2018. Polsinelli, with data provided exclusively by TrollerBk.com, publishes the Indices Report on a quarterly…more

Chapter 11, Commercial Bankruptcy, Distressed Debt, Healthcare, Real Estate Market

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Entities of All Types Should Consider Commenting on the FTC’s Health Breach Notification Rule by August 20, 2020

On May 22, 2020, the Federal Trade Commission (the “FTC”) published its decennial request for public comment (the “RFC”) on the FTC’s Health Breach Notification Rule (the “HBN Rule”)…more

Breach Notification Rule, Comment Period, Cybersecurity, Data Breach, Data Protection

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California Employers Must Know: Meal/Rest Premiums Are ‘Wages’

California reaffirms its reputation as the most employee-friendly state and raises potential liability for employers. On May 23, 2022, the California Supreme Court issued the long-awaited decision in Naranjo v. Spectrum Security…more

CA Supreme Court, Employer Liability Issues, Employment Litigation, Employment Policies, Labor Law Violations

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Easement Fund Victory on Perpetuity Will Result in More Attention on Valuation

In the latest victory for taxpayers, the Tax Court determined that the Treasury failed to follow federal law in enacting a conservation easement perpetuity rule known as the “proceeds regulation.” The majority opinion held that…more

Charitable Donations, Conservation Easements, Internal Revenue Code (IRC), IRS, Property Owners

See all updates »

DCGL Amendment May Breathe New Life Into Zombie Companies

On August 1, 2023, the Delaware General Corporation Law (DGCL) was amended to create an “insolvency exception” to Delaware’s long-standing requirement that a sale of all or substantially all of a Delaware corporation’s assets…more

Board of Directors, Business Ownership, Corporate Governance, Corporate Restructuring, Delaware General Corporation Law

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Lowering the Bar: The FTC Lowers HSR Premerger Reporting Thresholds for the First Time in a Decade

On February 2, 2021, the FTC published its annual changes to the thresholds for determining whether certain transactions must be reported to FTC and DOJ under the Hart-Scott-Rodino Act before closing can occur…more

Antitrust Provisions, Department of Justice (DOJ), Federal Trade Commission (FTC), Hart-Scott-Rodino Act, Interlocking Directorate

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Health Care Reimbursement and Payor Dispute Update Special Edition – Year End Regulatory Review

The Centers For Medicare & Medicaid Services Issues New Inpatient Prospective Payment System Final Rule - On September 3, 2020, the Centers for Medicare & Medicaid Services (CMS) issued the fiscal year (FY) 2021 Medicare…more

Centers for Medicare & Medicaid Services (CMS), Cramdown, Drug Pricing, Health Care Providers, Healthcare Reform

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Voting in the Celsius Bankruptcy Case

As we have been discussing in prior updates, the bankruptcy case of Celsius Network LLC is reaching an important milestone as most creditors now have the ability to vote on the Plan of Reorganization proposed by the Debtors (the…more

Bankruptcy Court, Commercial Bankruptcy, Creditors, Debt Restructuring, Debtors

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NASAA Shuts Down Use of Acknowledgments and Questionnaires in Franchise Sales Process

The North American Securities Administrators Association, Inc. (“NASAA”) has just adopted a new policy regarding the use of franchise questionnaires and acknowledgments in the franchise sales process. In its Statement of Policy…more

Franchise Disclosure Document, Franchise Laws, Franchisee, Franchises, NASAA

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Missouri Seeks to Limit Venue in Multi-Plaintiff Cases

In State ex rel. Johnson & Johnson v. The Honorable Rex M. Burlison, dozens of plaintiffs sought to bring their claims against Johnson & Johnson in the City of St. Louis, Missouri even though they were not residents of the city…more

Johnson & Johnson, Joinder, Mass Tort Litigation, Multi-Party Litigation, Non-Residents

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Expecting the Unexpected: Federal Procurement Under Trump

Federal contractors (and their lawyers) have spent much of the past two months trying to anticipate how federal procurement law and policy may change under the incoming Trump Administration. The first factor to note, which…more

Boeing, Federal Acquisition Regulations (FAR), Federal Contractors, Lockheed Martin, OFPP

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Disclosures Still Important: Delaware Court of Chancery Assesses Adequacy of Proxy Disclosures in Rejecting Pleading-Stage Application of Corwin Defense

Disclosure-based strike suits have died an inglorious and richly-deserved death in Delaware. Lest deal practitioners and their clients be lulled into a false sense of security, recent decisional law drives home the point (again)…more

Business Judgment Rule, Controlling Stockholders, Corwin Doctrine, Disclosure Requirements, Fiduciary Duty

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The PTAB and the Arthrex Decision: A Constitutional Question

The Appointments Clause of the U.S. Constitution1 provides that “principal officers” of the United States must be appointed by the President upon the advice and consent of the Senate. “Inferior officers,” on the other hand, do…more

Administrative Appointments, Administrative Authority, Administrative Patent Judges, Administrative Procedure Act, Administrative Proceedings

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Health Reform + Related Health Policy News

Enrollment in Health Plans under ACA Exceeds Projected Number of 7 Million - The White House announced on April 1 that 7.1 million Americans had enrolled in health plans under the Affordable Care Act ("ACA")…more

Affordable Care Act, Department of Health and Human Services (HHS), Health Insurance Portability and Accountability Act (HIPAA), Healthcare Reform, Medicare

See all updates »

Laws and Regulations Affecting Government Contractors

How Trump’s “Buy American and Hire American” Could Alter Procurements - The President’s “Buy American and Hire American” Executive Order (EO), issued April 18, 2017, reflects Executive Branch policy and orders several…more

Affordable Care Act, Buy America, Domestic Hiring Policy, Executive Orders, Federal Contractors

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Lender's Edge Newsletter: December 2016

Enforcement of a Commercial Loan After the Property Securing the Loan is Sold or Transferred - Enforcement of due-on-sale clauses started growing in popularity in the 1970s as a result of instability in the economy and rising…more

Banking Sector, Borrowers, Chapter 11, Commercial Bankruptcy, Commercial Loans

See all updates »

Filing Fee for .sucks Top-Level Domain Names Really Sucks for Brand Owners

The recent top-level domain name explosion has been of great interest to existing brand owners and new market entrants alike. No longer is a business limited to deciding which of a few top-level domains, such as .com, .net,…more

Domain Names, Filing Fees, gTLD, ICANN, Trademarks

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Health Reform + Related Health Policy News - October 2013 - Issue 3

In This Issue: - Top News ..Deal to Raise Debt Ceiling, End Shutdown Yields No Major Changes to Health Care Law ..Problems with HealthCare.gov Website Continue; HHS Working to Fix Issues ..Kaiser Study…more

Abortion, Affordable Care Act, Debt Ceiling, Department of Health and Human Services (HHS), Fraud

See all updates »

President Biden Mandates COVID-19 Vaccinations: Stay Tuned…

On September 9, 2021, President Biden unveiled a COVID-19 Action Plan that requires, among other things, millions of private-sector employees, health care workers, federal employees, and employees of federal contractors to be…more

Biden Administration, Coronavirus/COVID-19, Critical Infrastructure Sectors, Emergency Management Plans, Employer Liability Issues

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U.S. Federal Privacy Bill Unveiled

On April 5, 2024 members of U.S. Congress released a draft bipartisan, bicameral federal privacy bill, the American Privacy Rights Act. In a press release, the stated goal of this legislation is to be “a national data privacy…more

Consumer Privacy Rights, Data Brokers, Data Management, Data Privacy, Data Processors

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eBay Lawsuit Dismissed

On May 4, 2015, a US District Court judge in the Eastern District of Louisiana dismissed a class action lawsuit that sought damages from eBay based on the “threat of future harm” stemming from the online retailer’s 2014 data…more

Article III, Clapper v. Amnesty International, Class Action, Cyber Attacks, Cybersecurity

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Estate Planning Impact Of The Secure Act

The ‘Setting Every Community Up for Retirement Enhancement’ Act (the “SECURE Act”) was signed into law on December 20, 2019 and became effective January 1, 2020…more

401k, 403(b) Plans, Beneficiary Designations, Compensation & Benefits, Employee Benefits

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FCC's Decision on Net Neutrality Likely to Lead to Litigation

In a historic 3-2 vote on Thursday, February 26th, the Federal Communications Commission (FCC) voted to approve net neutrality rules aimed at governing Internet traffic. The FCC's decision would expand government oversight for…more

See all updates »

Health Care Reimbursement and Payor Dispute Update Special Edition - Year End Regulatory Review

The end of 2021 brings positive indications of the continued acceptance of telehealth as an important clinical care approach post public health emergency (“PHE”). The Centers for Medicare and Medicaid Services (“CMS”), like…more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Health Care Providers, Health Insurance

See all updates »

A Crypto-Tax Indictment Goes Viral

As reported in several recent entries on this blog, IRS has been engaged in ongoing efforts to enforce the taxation of cryptocurrency transactions.. These actions have run the gamut from educating investors,  miners and others…more

Criminal Prosecution, Cryptocurrency, Extradition, Financial Transactions, Indictments

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Filing Fee for .sucks Top-Level Domain Names Really Sucks for Brand Owners

The recent top-level domain name explosion has been of great interest to existing brand owners and new market entrants alike. No longer is a business limited to deciding which of a few top-level domains, such as .com, .net,…more

Domain Names, Filing Fees, gTLD, ICANN, Trademarks

See all updates »

BitBlog Bi-Weekly Update - May 2020

With the world slowly coming out of the COVID-19 lock down and the economy hopefully on the path to recovery there have been many developments in the blockchain / crypto space over the last few weeks…more

Bitcoin, Blockchain, CFTC, Cryptocurrency, Digital Assets

See all updates »

Louisiana Insurance Department Catastrophe Response Plans

The Louisiana Insurance Department (“Department”) recently sent e-mail notifications to numerous third party administrators (“TPA”) regarding the failure to file their Catastrophe Response Plans with the Department by June 1,…more

Catastrophic Events, Consumer Insurance Products, Emergency Response, Insurance Regulations, Louisiana

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Fee Guidelines For Attorneys In Larger Chapter 11 Cases

Following two public comment periods spanning more than a year as well as a public meeting, the Office of the United States Trustee (the "UST") has issued new guidelines for attorney compensation in larger chapter 11 cases. The…more

Attorney's Fees, Chapter 11, Commercial Bankruptcy

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IRS Identifies Monetized Installment Sales as a Listed Transaction

On August 4, 2023, the IRS published proposed regulations that, if finalized, would identify monetized installment sale transactions as a listed transaction. Sellers, intermediaries and other involved parties would be required…more

Installment Agreements, Internal Revenue Code (IRC), IRS, Proposed Regulation, Purchase Agreement

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Understanding How the Corporate Transparency Act Will Apply to the Delaware Statutory Trust Structure

What is the Corporate Transparency Act? In general terms, the Corporate Transparency Act (the “CTA”) requires reporting to the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) of personal direct…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

See all updates »

California’s New Statewide Rent Control – What You Need to Know

As expected, California’s legislature passed AB 1482 this week, which imposes statewide rent control, restricting the ability of landlords to terminate certain tenancies without just cause, and further restricting the ability of…more

Landlords, Lease Termination, Municipalities, New Legislation, No-Fault Act

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What’s In a Name? – Labeling Alternatives to Meat Products

Manufacturers, producers and sellers of meat substitutes, including popular plant-based products and emerging cell-cultured products, can now be subject to criminal penalties in Missouri for calling their products “meat,” or by…more

Agricultural Sector, Food Labeling, Food Manufacturers, Food Safety, Food Supply

See all updates »

Health Care Fraud and Abuse 2023 Year in Review

Introduction - Polsinelli proudly introduces the Health Care Fraud and Abuse 2023 Year in Review, a comprehensive examination of the evolving landscape surrounding the False Claims Act (“FCA”) and fraud & abuse enforcement…more

Anti-Kickback Statute, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud and Abuse

See all updates »

Proposed And Final Rules Released Regarding The ACA's Individual Mandate

In This Issue: - Minimum Essential Coverage ..HHS Proposed Rule - Shared Responsibility Payments and Exemptions ..HHS Proposed Rule ..IRS Proposed Rule ..IRS Final Rule - Essential Health Benefits …more

Affordable Care Act, Congressional Budget Office, Department of Health and Human Services (HHS), Essential Health Benefits, Health Insurance Exchanges

See all updates »

“Outlook Not So Good” – An Employer’s Guide to the NLRB’s 2023 Agenda

“Should Employers have any hope for impartiality and good decisions from the National Labor Relations Board (“NLRB” or the “Board”) in 2023?”  Posed to the old Magic 8 Ball, the answer is “Don’t count on it.”…more

Collective Bargaining, Employer Liability Issues, Labor Reform, Labor Relations, Make-Whole Doctrine

See all updates »

SEC Division of Examinations Announces 2022 Examination Priorities

Each year, the U.S. Securities and Exchange Commission’s (SEC) Division of Examinations (Division) prioritizes the examination of certain practices, products and services that it believes present potentially heightened risks to…more

Anti-Money Laundering, Capital Formation, Capital Markets, Investor Protection, Regulatory Agenda

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POTUS Changes WOTUS (“Waters of the United States”)

On December 28, 2018, the EPA published in the Federal Register a revised definition of “waters of the United States” (the “Proposed Rule”), as used in the Clean Water Act, to replace the current definition that was finalized in…more

Clean Water Act, Environmental Policies, Environmental Protection Agency (EPA), Jurisdictional Determination (JD), Navigable Waters

See all updates »

"Please Pay No Attention to the Microphone:” DOJ Announces New Program Offering Protections to Criminal Whistleblowers

On April 15, 2024, the Criminal Division of the U.S. Department of Justice (“DOJ”) released new guidance relating to a Pilot Program on Voluntary Self-Disclosures for Individuals, promising to offer protection from criminal…more

Cooperative Compliance Regime, Corporate Governance, Corporate Misconduct, Criminal Prosecution, Department of Justice (DOJ)

See all updates »

Health Care Fraud and Abuse 2023 Year in Review

Introduction - Polsinelli proudly introduces the Health Care Fraud and Abuse 2023 Year in Review, a comprehensive examination of the evolving landscape surrounding the False Claims Act (“FCA”) and fraud & abuse enforcement…more

Anti-Kickback Statute, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud and Abuse

See all updates »

Ninth Circuit Reverses Landmark Wit Case Addressing Behavioral Health Coverage

The President and his administration continue to tout their efforts to strengthen coverage for behavioral health care, including significantly increasing behavioral health spending and strengthening parity between physical and…more

Biden Administration, Denial of Insurance Coverage, Employee Retirement Income Security Act (ERISA), Health Insurance, Health Plan Sponsors

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Two Week Old DOJ COVID-19 Fraud Task Force Announces First Wave of Prosecutions—Many More Are Likely On The Horizon

Last week, in light of the Department of Justice’s newly-formed COVID-19 Fraud Enforcement Task Force, we cautioned that COVID-related prosecutions were likely imminent. And on the heels of this DOJ task force, we are already…more

Anti-Corruption, Coronavirus/COVID-19, Corruption, Department of Justice (DOJ), Enforcement Actions

See all updates »

What the Health Care Industry Needs to Know About the Corporate Transparency Act

A new federal law requires health care business entities to disclose personal information and photographs of persons with ownership and control over their business. The Centers for Medicare & Medicaid (CMS) and other federal and…more

Beneficial Owner, Business Ownership, Centers for Medicare & Medicaid Services (CMS), Corporate Transparency Act, Disclosure Requirements

See all updates »

SEC Proposes Amendments to Form PF to Drastically Expand Reporting Requirements for Private Fund Managers

On January 26, 2022, the Securities and Exchange Commission (the “SEC”) approved a proposal to amend Form Private Fund (“Form PF”) to (i) require additional reporting from advisers to large hedge funds and private equity funds,…more

Comment Period, Financial Regulatory Reform, Form PF, Hedge Funds, Investment Adviser

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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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Draft Guidance: Pharmacy Compounding Of Human Drug Products Under Section 503A Of The Federal Food, Drug, And Cosmetic Act

Following enactment of the Drug Quality and Security Act last month, FDA has quickly issued a new guidance for compounding pharmacies that choose to not register as "outsourcing facilities" and subject themselves to federal…more

Drug Compounding, Food and Drug Administration (FDA), Pharmaceutical Industry, Pharmacies, Prescription Drugs

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FinCEN Publishes Updated FAQs to Assist in Reporting Compliance

The Financial Crimes Enforcement Network (“FinCEN”) recently published updates to its list of Frequently Asked Questions (“FAQs”) to assist entities in complying with the beneficial ownership reporting requirements of the…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Counsel, Corporate Transparency Act

See all updates »

Congress Takes Steps to Prioritize Youth Mental Health

Recognizing the urgent need to increase access to mental health and substance use services for young people, Congress is taking significant legislative steps to strengthen the federal government’s response to the nationwide…more

Healthcare, Healthcare Reform, HRSA, Mental Health, Prescription Drugs

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Guidance Released on Inflation Reduction Act Domestic Content Tax Credits

Background - On August 16, 2022, President Biden signed into law the Inflation Reduction Act of 2022 (“IRA”). Two of the key objectives of the IRA are to incentivize the industry to produce certain types of renewable energy…more

Buy America, Energy Projects, Federal Transit Administration, Inflation Reduction Act (IRA), Infrastructure

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Lender's Edge Newsletter - January 2019

A borrower’s request for a payoff letter on a secured commercial loan is typically a completely noncontroversial matter: an honest borrower has located a buyer for its property, or found another lender to refinance the…more

Commercial Loans, Consumer Financial Products, Financial Services Industry, Lenders, Payoff Requirements

See all updates »

BitBlog Bi-Weekly Update - May 2020

With the world slowly coming out of the COVID-19 lock down and the economy hopefully on the path to recovery there have been many developments in the blockchain / crypto space over the last few weeks…more

Bitcoin, Blockchain, CFTC, Cryptocurrency, Digital Assets

See all updates »

Tech Transactions & Data Privacy 2021 Report

As we bid farewell to 2020 and look toward the uncharted territory of 2021, it is hard not to take inventory of all that has changed in such a short period. No one at the beginning of 2020 would have predicted what transpired…more

Artificial Intelligence, California Consumer Privacy Act (CCPA), Communications Decency Act, Contact Tracing, COPPA

See all updates »

Delaware Court of Chancery Rejects Lawyer-Driven Stockholder Books and Records Demand in Wilkinson v. Schulman

Stockholder books and records demands are investigatory tools that often are a prelude to litigation directed at corporate fiduciaries. In rejecting a stockholder books and records demand, the Delaware Court of Chancery recently…more

Books & Records, Business Litigation, Delaware General Corporation Law, Discovery, Evidence

See all updates »

Tech Transactions & Data Privacy 2021 Report

As we bid farewell to 2020 and look toward the uncharted territory of 2021, it is hard not to take inventory of all that has changed in such a short period. No one at the beginning of 2020 would have predicted what transpired…more

Artificial Intelligence, California Consumer Privacy Act (CCPA), Communications Decency Act, Contact Tracing, COPPA

See all updates »

Courts Split on How to Determine Statutory Damages for Copyright Infringement

The recent decision in Energy Intelligence Group, Inc. v. CHS McPherson Refinery, Inc. highlights a circuit split regarding how courts determine the statutory damages available for copyright infringement where multiple…more

Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Protection, Loss in Economic Value

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Once-in-a-Generation Opportunity to Influence Stark Law Implementation Rules Starts This Week

We are on the clock. As an industry, we have 75 days to comment on the rules published in the Federal Register this week about how the Stark Law is implemented…more

Anti-Kickback Statute, Comment Period, False Claims Act (FCA), Fraud and Abuse, Health Care Providers

See all updates »

Federal Reserve Announces New Details for Term Asset-Backed Securities Loan Facility (TALF)

On March 23 the Federal Reserve announced the creation of the Term Asset-Backed Securities Loan Facility, or TALF to support the asset-backed securities (ABS) market.  The new facility (commonly referred to in the market as TALF…more

Asset-Backed Securities, CMBS, Collateral, Collateralized Loan Obligations, Federal Reserve

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Positive Momentum Behind Congressional Efforts to Avert Medicare Cuts

Health Care providers have been advocating for Congress to avert a series of impending Medicare reimbursement cuts slated to take effect in January of 2022 – an issue that has garnered bipartisan support. Congressional…more

Health Insurance, Healthcare, Healthcare Reform, Medicare, PAMA

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Reimbursement and Payor Dispute Update

Strategies for Complying with Price Transparency and Surprise Billing Laws - State legislatures and the federal government have been busy the past 12 months churning out laws that impose new disclosure and billing obligations on…more

Coronavirus/COVID-19, Health Care Providers, Health Insurance, Healthcare Reform, Infectious Diseases

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Medicare Continues its Updates to Provider Enrollment Policies as Part of Efforts to Enhance Program Integrity and Transparency

The Centers for Medicare & Medicaid Services (“CMS”) continued its efforts to increase oversight of the Medicare program by updating Medicare provider enrollment regulations and policies through recent regulatory and…more

Centers for Medicare & Medicaid Services (CMS), Enrollment, Health Care Providers, Health Insurance, Healthcare

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FTC Final Rule Banning Most Non-Competes Passes – What Nonprofits Need to Know

On April 23, 2024, the Federal Trade Commission (“FTC”) conducted a special Open Commission Meeting to vote on a Final Rule (the “Rule”) banning most non-compete clauses as an “unfair method of competition.” By a vote of 3-2,…more

501(c)(3), Competition, Employer Liability Issues, Employment Contract, Federal Trade Commission (FTC)

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U.S. Treasury Proposes Guidance on Corporate Transparency Act Beneficial Ownership Information Reporting

The U.S. Department of Treasury, on behalf of the Financial Crimes Enforcement Network (“FinCEN”), has invited the public to submit comments on the information to be collected in the beneficial ownership information (“BOI”)…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

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Cryptocurrency Class Action Lawsuits: A New Frontier

Cryptocurrencies, like Bitcoin and Ethereum, had a breakout year in 2017. The price of Bitcoin rose from approximately $1,000 per Bitcoin on January 1, 2017, to $13,000 per Bitcoin on December 31, 2017, with a high of…more

Bitcoin, Blockchain, Class Action, Cryptocurrency, Digital Currency

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Fall Congressional Forecast: Eye on Federal Funding and Health Care

Congress faces a crowded agenda this fall comprised of must-pass policy initiatives and potential political messaging opportunities in the lead up to the November midterm elections. With control of both chambers at stake, the…more

Abortion, Biden Administration, Continuing Resolution, Federal Funding, Food and Drug Administration (FDA)

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SEC Commissioner’s Public Comments May Signal Stiffer Corporate Stronger Misconduct Penalties on the Horizon

Earlier this week at a talk before the Council of Institutional Investors, U.S. Securities and Exchange (“SEC”) Commissioner, Caroline Crenshaw, argued that the enforcement must play a “central role” with regulators and require…more

Corporate Misconduct, Enforcement Actions, Investment, Penalties, Securities and Exchange Commission (SEC)

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Don't Get Your Feathers Ruffled: The Value of Exclusivity Provisions in Real Estate Agreements

Say you decide to open a chicken restaurant selling your secret family recipe chicken. You find the perfect location, sign the lease, move in, and open for business. Sales are brisk when a few weeks later you see a construction…more

Commercial Leases, Commercial Real Estate Market, Exclusivity Clauses, Landlords, Leases

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Colorado Introduces Bill to Promote and Expand Carbon Dioxide Capture and Sequestration

A bill to expand the Colorado Energy and Carbon Management Commission’s (“Commission”) ability to regulate and promote carbon dioxide capture and sequestration was introduced on February 27. HB24-1346 expands the authority of…more

Carbon Capture and Sequestration, Carbon Emissions, Colorado, Energy Policy, Energy Reform

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IVF Services Now Caught in the Crosshairs

Recent legal developments in Alabama demonstrate that fertility care stakeholders should prepare for additional state regulation of in vitro fertilization (“IVF”) and other assisted reproductive technology (“ART”) services in…more

AL Supreme Court, Alabama, Dobbs v. Jackson Women’s Health Organization, Fertility Treatments, Health Care Providers

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Regulatory Updates for Non-Hospital Quality Programs

The Washington Department of Health (DOH) has amended WAC 246-50, the rules applicable to coordinated quality improvement programs (CQIPs) for non-hospital organizations.  The amendments go into effect on May 21, 2021…more

Health Care Providers, Healthcare Reform, Physicians, Quality Incentive Program (QIP), Regulatory Agenda

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New SAMHSA Rule Expands Access to Medications for the Treatment of Opioid Use Disorder

On February 2nd, the U.S. Department of Health and Human Services (HHS) released a final rule expanding patient access to medications for the treatment of opioid use disorder (“OUD”). This new final rule implements changes that…more

Department of Health and Human Services (HHS), Final Rules, Health Care Providers, Healthcare, Healthcare Reform

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MACRA: Proposed Changes to the Merit-Based Incentive Payment System Track

The Centers for Medicare & Medicaid Services (CMS) published a proposed rule on the Medicare Quality Payment Program (QPP) in the Federal Register1 on June 30, 2017. This rule proposes the QPP program requirements for calendar…more

CEHRT, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicare, Medicare Access and CHIP Reauthorization (MACRA)

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Don't be Fooled by the Name... The Small BREW Act Could Have a Big Impact on Craft Breweries

The Small Brewer Reinvestment and Expanding Workforce Act, known as the "Small BREW Act", is bipartisan legislation introduced to Congress in early 2015. The overall goal of the Small BREW Act is to revamp the federal excise tax…more

Beer, Breweries, Business Taxes, Federal Taxes, Popular

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False Claims Act Recoveries During 2021

On February 1, 2022, the United States Department of Justice (DOJ) announced that it had recovered $5.6 billion from False Claims Act (FCA) Cases during fiscal year 2021. Each year, the DOJ publishes statistics about its…more

Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud and Abuse, Healthcare

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FDA Finalizes Rule Regulating Laboratory Developed Tests

FDA’s Final Rule regulating Laboratory-Developed Tests (LDTs) has been published in the Federal Register yesterday, May 6, 2024. This follows a decades-long effort by some stakeholders to clarify the regulatory status of these…more

Clinical Laboratories, Final Rules, Food and Drug Administration (FDA), Healthcare, Laboratory Developed Tests

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ASIC Bans Former BitConnect Front-man

John Louis Anthony Bigatton will not be providing financial services in Australia and likely not anywhere else, anytime soon. On Thursday, September 3, 2020, the Australian Securities and Investments Commission (“ASIC”)…more

ASIC, Australia, Bitcoin, Cease and Desist Orders, Cryptocurrency

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Fireworks Are Coming Before Independence Day

Mark your calendars for July 3—the date we will likely learn whether a Texas Court will enjoin the FTC Rule banning non-competes from taking effect on September 4. This week, Judge Ada Brown, the presiding judge in Ryan, LLC v…more

Competition, Confidential Information, Employer Liability Issues, Employment Contract, Federal Labor Laws

See all updates »

WARN-ings May Be Required Before a RIF or Shut Down

Recent layoffs at several high profile companies, and the putative class actions filed in their wake, highlight the importance of legal compliance when making and effecting these difficult decisions…more

Employer Liability Issues, Federal Labor Laws, Hiring & Firing, Layoff Notices, Layoffs

See all updates »

The 80/20 Rule is Here: CMS Finalizes HCBS Care Worker Payment Requirements

In May 2023, the Centers for Medicare and Medicaid Services (“CMS”) proposed a series of rule changes intended to help promote the availability of home and community-based services (“HCBS”) for Medicaid beneficiaries. Chief…more

Centers for Medicare & Medicaid Services (CMS), Compensation & Benefits, Fair Labor Standards Act (FLSA), Health Care Providers, Healthcare Workers

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Health Care Reimbursement and Payor Dispute Update Special Edition – Year End Regulatory Review

The Centers For Medicare & Medicaid Services Issues New Inpatient Prospective Payment System Final Rule - On September 3, 2020, the Centers for Medicare & Medicaid Services (CMS) issued the fiscal year (FY) 2021 Medicare…more

Centers for Medicare & Medicaid Services (CMS), Cramdown, Drug Pricing, Health Care Providers, Healthcare Reform

See all updates »

AI is Fueling a Major Contract Dispute in the Music Industry: Why it Matters for Your Business

Whether or not you are a TikTok user, you have likely heard about how the platform allows creators to combine music clips with original content to create viral videos. The ability for users to leverage an extensive music…more

Artificial Intelligence, Contract Disputes, Corporate Counsel, Intellectual Property Protection, Mobile Apps

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Lender's Edge Newsletter: January 2018

Are Lenders Entitled to Insurance Proceeds When Foreclosing? A lender’s right to insurance proceeds after foreclosure depends on the type of loss payable clause contained in the insurance policy and the timing of the loss…more

Financial Services Industry, Foreclosure, Insurance Industry, Lenders, Mortgages

See all updates »

Colorado Supreme Court Vindicates the Colorado Oil and Gas Commission: Recent Ruling In Favor of the Oil and Gas Industry

In an important victory for Colorado’s oil and gas industry, the Colorado Supreme Court unanimously supported the decision of the Colorado Oil and Gas Conservation Commission (the “Commission”) to decline a rulemaking sought by…more

Climate Change, CO Supreme Court, Environmental Claims, Mineral Extraction, Oil & Gas

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NLRB Releases Advice Memos Approving Employer Work Rules Under New Boeing Standard

On July 13, 2018, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released several memos authored by the Board’s Division of Advice, which offer further guidance to employers about how the Board…more

Boeing, Corporate Counsel, Employee Rights, Employer Liability Issues, Employment Policies

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Delaware Court of Chancery Rejects Lawyer-Driven Stockholder Books and Records Demand in Wilkinson v. Schulman

Stockholder books and records demands are investigatory tools that often are a prelude to litigation directed at corporate fiduciaries. In rejecting a stockholder books and records demand, the Delaware Court of Chancery recently…more

Books & Records, Business Litigation, Delaware General Corporation Law, Discovery, Evidence

See all updates »

Medicare Changes to Make Drug Coverage More Manageable in 2025

Within the last few months, the Centers for Medicare and Medicaid Services (CMS) has issued guidance that will reduce the financial burdens of paying for prescription drug coverage for Medicare patients. The guidance outlines…more

Biden Administration, Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Health Insurance, Inflation Reduction Act (IRA)

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Renewable News - Spring 2013

In This Issue: - Federal Policy Update - TradeWind and Alabama Power Announce PPA for Kansas Project - NextEra Energy Resources Finalized Purchase of Kansas Project - Incentives Announced for $66 Million…more

Biofuel, Energy Projects, Renewable Energy, Wind Power

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Contact Sports in the Era of COVID-19: How Schools and Amateur Sports Leagues May Face New Liability

This brief article explores some of the legal issues that may arise in the era of COVID-19 when restrictions are eased and participation in contact sports resumes in schools and amateur sports leagues…more

Assumption of the Risk, Athletes, Coronavirus/COVID-19, Educational Institutions, Liability

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Patient-Centered Sustainable Health Care

I. INTRODUCTION - Over the past two years, global events reshaped the health care industry by shifting the priorities of the industry’s key stakeholders. In the post-Covid-19 economy, quick responses to short-term problems…more

Healthcare, Healthcare Reform, Hospital Mergers, Patient-Specific, Patients

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Missouri Legislature Approves Six-Year Solar Rebate Phase-Out

As one of the final acts of the legislative session, on May 17th the Missouri legislature approved an amendment that will phase out the Missouri solar rebate between 2014 and 2020…more

Proposed Amendments, Rebates, Solar Energy

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Update: SEC Releases Long-Awaited Proposed Crowdfunding Rules

In This Issue: - Requirements and Obligations Governing Crowdfunding Offerings - Regulation of Crowdfunding Portals - Additional Notable Provisions of the Proposed Rules - Next Steps - For More Information…more

Crowdfunding, Disclosure Requirements, Funding Portal, General Solicitation, JOBS Act

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Franchise Issues Arising Out of the Upcoming Employer Mandates of COVID-19 Vaccinations

On September 9, 2021, President Biden announced through a COVID-19 Action Plan that his administration is requiring many employers to mandate their employees be vaccinated against COVID-19. The announcement covered federal…more

Biden Administration, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues, Employer Mandates

See all updates »

Fireworks Are Coming Before Independence Day

Mark your calendars for July 3—the date we will likely learn whether a Texas Court will enjoin the FTC Rule banning non-competes from taking effect on September 4. This week, Judge Ada Brown, the presiding judge in Ryan, LLC v…more

Competition, Confidential Information, Employer Liability Issues, Employment Contract, Federal Labor Laws

See all updates »

TCPA News: Businesses May be Liable to New Owners of Previously-Opted-In Mobile Numbers

On July 10, 2015, the Federal Communications Commission issued a 138-page Declaratory Ruling and Order approving nearly two dozen proposals to the rules and regulations implementing the Telephone Consumer Protection Act (TCPA),…more

Cell Phones, FCC, Mobile Devices, Opt-Outs, Robocalling

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FDA Targets Medical Device Companies

FDA Developing New Risk and Benefit Perception Scale - Since 2008, the U.S. Food and Drug Administration has increased its presence and tightened its control over medical device companies, and this trend is expected to…more

Biotechnology, Enforcement, Enforcement Actions, Food and Drug Administration (FDA), Healthcare

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Don’t Leave a Print: Biometric Compliance for Employers

With many employers embracing new technology to achieve efficiencies in the workplace, companies using increasingly popular biometric programs must take steps to ensure that the use of these systems does not violate the law in…more

Biometric Information, Data Collection, Data Privacy, Data Security, Employer Liability Issues

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Estate Planning During Periods of Inflation and Market Volatility

Earlier this year the stock market entered bear market territory.  This happens when the market declines more than 20% or more from its most recent high.  The market decline has been attributed to several factors including…more

Charitable Remainder Trust, Estate Planning, Estate Tax, Estate-Tax Exemption, Gift Tax

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The Proposed Build Back Better Act Moves Forward After the House Passes a Revised Version of the Bill

Overview - Over the past year, several tax law changes have been proposed by the Biden administration and, in September 2021, draft legislative language was circulated, which set forth proposed changes to the Internal…more

Biden Administration, Capital Gains Tax, Corporate Taxes, Foreign Derived Intangible Income (FDII), Foreign Tax Credits

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A Preview Of Expected 2014 FDA And Legislative Actions Relating To The Food Industry

In This Issue: - Food Safety Modernization Act ..Produce Safety ..Human Food Risk Analysis ..Foreign Supplier Verification ..Accreditation of Food Safety Auditors ..Animal Food Risk Analysis…more

Food and Drug Administration (FDA), Food Safety, Foreign Suppliers, FSMA

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California’s AB 3129 Continues National Trend of Scrutinizing Private Equity Investments in the Health Care Industry

The California legislature is considering a bill that could severely impact the ability for private equity companies and hedge funds to operate in the California health care industry. AB 3129, introduced by Assembly Member Jim…more

Acquisition Agreements, California, Healthcare, Hedge Funds, Investment

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Beware – FDA is “Modernizing” the 510(k) Program

On November 26, 2018, FDA Commissioner Scott Gottlieb, M.D. and the Director of the Center for Devices and Radiological Health, Jeff Shuren, M.D., J.D. announced FDA’s intention to take multiple actions in the near future to…more

510(k) RTA, FDA Approval, Food and Drug Administration (FDA), Life Sciences, Medical Devices

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Health Reform + Related Health Policy News - January 2014, Issue 1

In This Issue: - Top News ..Congress Approves Budget Deal with Short-Term ‘Doc Fix' ..CMS “Two-Midnight” Rule delayed until March 31, 2014 ..Individuals with Canceled Insurance Policies May Apply for…more

Affordable Care Act, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), EHR, Exempt Organizations

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Health Care Reimbursement and Payor Dispute Update Special Edition – Year End Regulatory Review

The Centers For Medicare & Medicaid Services Issues New Inpatient Prospective Payment System Final Rule - On September 3, 2020, the Centers for Medicare & Medicaid Services (CMS) issued the fiscal year (FY) 2021 Medicare…more

Centers for Medicare & Medicaid Services (CMS), Cramdown, Drug Pricing, Health Care Providers, Healthcare Reform

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New Guidance on Employee-Owned Device Discovery

As technology continues to evolve, organizations are increasingly facing challenges concerning whether, and to what extent, they allow employees to utilize their own devices for work purposes. When employees use their own…more

Bring Your Own Device (BYOD), Discovery, Electronically Stored Information, Employer Liability Issues, Employment Policies

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Federal Circuit Addresses Obviousness of Polymorphs in Grunenthal GmbH v. Alkem Labs. Ltd., No. 2017-1153 (Fed. Cir. Mar. 28, 2019)

For the first time, on March 28, 2019, the Federal Circuit addressed obviousness of polymorph claims based on a known approach to polymorph screening, finding no reasonable expectation of success…more

Hatch-Waxman, Intellectual Property Litigation, Intellectual Property Protection, Obviousness, Pharmaceutical Industry

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Stars Align As Second Circuit Limits Orion

The Second Circuit recently reversed and remanded for further proceedings a S.D.N.Y decision dismissing claims asserted by POLSINELLI clients CBF Indústria de Gusa S/A, Da Terra Siderúrgica LTDA and several other Brazilian…more

Arbitration, Arbitration Awards, Brazil, Financial Institutions, Foreign Judgments

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Ninth Circuit Reverses Landmark Wit Case Addressing Behavioral Health Coverage

The President and his administration continue to tout their efforts to strengthen coverage for behavioral health care, including significantly increasing behavioral health spending and strengthening parity between physical and…more

Biden Administration, Denial of Insurance Coverage, Employee Retirement Income Security Act (ERISA), Health Insurance, Health Plan Sponsors

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Renewable News - Spring 2013

In This Issue: - Federal Policy Update - TradeWind and Alabama Power Announce PPA for Kansas Project - NextEra Energy Resources Finalized Purchase of Kansas Project - Incentives Announced for $66 Million…more

Biofuel, Energy Projects, Renewable Energy, Wind Power

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Regulatory Overreach/Litigation Remedies To Curtail Regulatory Excess by Federal Trade Commission

With the rise of large-scale, high-profile data breaches, the Federal Trade Commission has expressed its intent to hold companies accountable. (See “Consumer Financial Protection Circular 2022-04,” Consumer Financial Protection…more

Data Breach, Data Management, Data Security, Enforcement Actions, Federal Trade Commission (FTC)

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New York Targets Real Estate Owners in New LLC Transparency Law

Riding a wave of ownership disclosure laws began with the passage of the federal Corporate Transparency Act (CTA), on December 22, 2023, Governor Hochul signed New York’s own “LLC Transparency Act” (the NY-LLCTA), passed by the…more

Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes, FinCEN

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Lender's Edge Newsletter: January 2018

Are Lenders Entitled to Insurance Proceeds When Foreclosing? A lender’s right to insurance proceeds after foreclosure depends on the type of loss payable clause contained in the insurance policy and the timing of the loss…more

Financial Services Industry, Foreclosure, Insurance Industry, Lenders, Mortgages

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Cuts In Services May Leave Bigger Wounds

In a recent open letter, the Illinois Department of Financial and Professional Regulation (the "Department") advised providers of cuts in the Department's Medical Unit that will negatively impact the state's healthcare…more

Budget Cuts, Healthcare, Licenses, Physicians

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Drug Manufacturer Pricing Under the Microscope: HRSA’s 340B Civil Monetary Penalty and Drug Pricing Final Rule

The Health Resources and Services Administration recently surprised the 340B Drug Pricing Program community with the release of its regulations pertaining to drug manufacturer ceiling price calculations and civil monetary…more

Affordable Care Act, Covered Entities, Drug Pricing, Health Care Providers, Healthcare

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Southern District of New York Says Portions of Department of Labor’s FFCRA Final Rule “Jumped the Rail” and Are Vacated

On April 1, 2020, the United States Department of Labor (DOL) issued a Final Rule implementing the Families First Coronavirus Response Act (FFCRA).  Shortly thereafter, the State of New York filed suit against the DOL, arguing…more

Coronavirus/COVID-19, Department of Labor (DOL), Families First Coronavirus Response Act (FFCRA), Family and Medical Leave Act (FMLA), Relief Measures

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Using Endowed Funds in a Crisis: Key Considerations

It goes without saying that we are living in uncertain times and are experiencing events that are reshaping our lives in ways that many of us believed only to exist in science fiction books and movies. Nevertheless, while we all…more

Charitable Organizations, Coronavirus/COVID-19, Endowment Funds

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The Polsinelli Pulse: Mitigating Litigation Risk at the Deal Table and Beyond - Vol. 3

Mergers & Acquisitions And Paycheck Protection Program: Proceed With Caution - In Spring 2020, Congress adopted the CARES Act, which authorized $350 billion for the Paycheck Protection Program (“PPP”). With an additional $310…more

Acquisition Agreements, C-Suite Executives, CARES Act, Coronavirus/COVID-19, Cyber Insurance

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The Legacy IRA Act Meets the EARN Act: A Gift or a Lump of Coal

Generally, donors who are over the age of 70 ½ can direct distributions to be made from their individual retirement account (IRA) of up to $100,000 per year to public charities (other than to fund a donor advised fund). This…more

Charitable Rollover, Employee Benefits, Individual Retirement Account (IRA), IRA Rollovers, Proposed Legislation

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California says “Goodbye” to the De Minimis Doctrine

For years, courts applied the de minimis doctrine “to excuse the payment of wages for small amounts of otherwise compensable time upon a showing that the bits of time are administratively difficult to record.” Troester v…more

CA Supreme Court, De Minimis Claims, De Minimus Doctrine, Employer Liability Issues, Employment Litigation

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Asbestos Exposure Liability Decision May Affect Future "Take Home" Cases

Following recent court action, defendants up against "take-home" asbestos exposure claims may need to rethink their legal strategy. The Northern District of Illinois recently denied a Motion for Reconsideration of a Motion…more

Asbestos, Asbestos Litigation, Duty of Care, Negligence, Take-Home Exposure

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Health Care Reimbursement and Payor Dispute Update - September 2022

Co-Location and the Provider-Based Rules – No News is…Good News? On July 15, the Centers for Medicare & Medicaid Services ("CMS") released the 2023 Outpatient Prospective Payment System proposed rule (“OPPS Proposed Rule”),…more

Centers for Medicare & Medicaid Services (CMS), Critical Access Hospitals, Health Care Providers, Health Insurance, Healthcare

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U.S. Court Of Appeals Decision Likely To Impact State Transmission And RES Policies

On June 7th, 2013, the U.S. Court of Appeals for the Seventh Circuit issued an opinion that could have significant impacts on transmission and renewable energy policies all across the country…more

FERC, MISO, Renewable Energy, RTO, Transmission Lines

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Top Issues in Behavioral Health for 2022

Behavioral Health M&A Will Remain Hot in 2022 - Behavioral health had its most active year in 2021, which came on the heels of very active years that preceded it. There are many factors that contributed to this and that…more

Centers for Medicare & Medicaid Services (CMS), Health Insurance, Healthcare, Healthcare Reform, Joint Venture

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SEC Proposes Changes to Modernize and Simplify Equity Compensation Rules and Registration Obligations

On November 24, 2020, the Securities and Exchange Commission (“SEC”) proposed amendments to Rule 701 and Form S-8 (the “Proposals”) under the Securities Act of 1933, as amended (the “Securities Act”)…more

Disclosure Requirements, Form S-8, Publicly-Traded Companies, Rule 701, Securities and Exchange Commission (SEC)

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Reopening Hospital Service Lines: A Playbook for Moving Forward

The COVID-19 pandemic has created severe financial and operational difficulties for hospitals. Rapidly responding to a novel pathogen within a declared Public Health Emergency (PHE), while experiencing decreased revenues as a…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Re-Opening Guidelines, Return-to-Work Agreements

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U.S. Court Of Appeals Decision Likely To Impact State Transmission And RES Policies

On June 7th, 2013, the U.S. Court of Appeals for the Seventh Circuit issued an opinion that could have significant impacts on transmission and renewable energy policies all across the country…more

FERC, MISO, Renewable Energy, RTO, Transmission Lines

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United States v. Gratkowski - Beware of Inanimate Objects That Violate Your Privacy

In Philip K. Dick’s novel Ubik, the sci-fi legend warned the world of the dangers of inanimate objects that could violate our privacy. In a virtual nod to Ubik and Dick, the Fifth Circuit Court of Appeals ruled the privacy…more

Bitcoin, Child Pornography, Criminal Investigations, Digital Currency, Financial Transactions

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California’s New Statewide Rent Control – What You Need to Know

As expected, California’s legislature passed AB 1482 this week, which imposes statewide rent control, restricting the ability of landlords to terminate certain tenancies without just cause, and further restricting the ability of…more

Landlords, Lease Termination, Municipalities, New Legislation, No-Fault Act

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H-1B Cap Season

USCIS has confirmed they will open the new H-1B Lottery pre-registration portal on March 1, 2020. The H-1B visa is available to companies wishing to hire a foreign worker to fill a “specialty occupation” which is defined as a…more

Foreign Nationals, Foreign Workers, H-1B, Highly-Skilled Workers Visa, Hiring & Firing

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Reopening the Economy and Getting Back to Business: Will Liability Waivers Protect My Business?

Last week, in our blog post entitled Reopening the Economy and Getting Back to Business: Business Owners’ Liability Risk When Dealing with Customers and Others, we talked about the various considerations and risk mitigation…more

Coronavirus/COVID-19, Liability, Negligence, Waivers

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Environment, Energy & Infrastructure Landscape in 2023

THE PLAYERS - The Administration - While it is unusual for a President to enjoy four years of service from his cabinet leaders that oversee the Environmental Protection Agency and the Departments of Energy, the Interior, and…more

Administrative Appointments, Biden Administration, Congressional Committees, Critical Infrastructure Sectors, Energy Policy

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Understanding How the Corporate Transparency Act Will Apply to the Delaware Statutory Trust Structure

What is the Corporate Transparency Act? In general terms, the Corporate Transparency Act (the “CTA”) requires reporting to the U.S. Department of Treasury’s Financial Crimes Enforcement Network (“FinCEN”) of personal direct…more

Anti-Corruption, Anti-Money Laundering, Beneficial Owner, Corporate Transparency Act, Financial Crimes

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FTC and DOJ Signal Greatly Increased Scrutiny of Private Equity Firms’ Acquisitions in Health Care

The top enforcers at the Federal Trade Commission (FTC) and Antitrust Division of the Department of Justice (DOJ) are sending strong signals that private equity (PE) firms are likely to be the next target in the Biden…more

Acquisitions, Antitrust Provisions, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Department of Justice (DOJ)

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Colorado Supreme Court to Rule on Yet Another Key Construction Defects Issue

On July 5, 2016, the Colorado Supreme Court announced it will consider the construction defects case of Forest City Stapleton, Inc., et al. v. Rogers. In this case the Colorado Court of Appeals, for the first time, imposed an…more

CO Supreme Court, Construction Defects, Construction Industry, Construction Litigation, Construction Project

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The Time is Now for Employers to Prepare for Illinois’ Paid Leave for All Workers Act

On January 1, 2024, Illinois will join Maine and Nevada as the only U.S. states to mandate that covered employers provide their employees with earned paid leave that can be used for any reason. Generally, the Paid Leave for All…more

Earned Sick Time, Employee Benefits, Employees, Employer Liability Issues, Illinois

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Meat Processing: COVID Liabilities

In the midst of the pandemic, meat processing facilities have struggled to meet demand while protecting employees. Governmental regulations, orders and guidelines often have seemed to be inconsistent with one another. Even…more

Centers for Disease Control and Prevention (CDC), Coronavirus/COVID-19, Defense Production Act, Farm Animals, Food Manufacturers

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California’s Amended Data Broker Registration Law

In October 2023, California Governor Gavin Newsom signed Senate Bill (S.B.) 362 into law, amending California’s data broker registration law. By January 31, 2024, qualifying data brokers must register with the California Privacy…more

California, California Consumer Privacy Act (CCPA), California Privacy Protection Agency (CPPA), Consumer Privacy Rights, Cybersecurity

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How to Protect Large Deposits over $250,000

Individuals and businesses have several methods for avoiding or limiting risk of loss upon the failure of a depository bank. …more

Banks, Deposit Accounts, FDIC, Financial Institutions, Silicon Valley

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Mandatory but not Jurisdictional – SCOTUS Decides What Employers Must do to Kick Charge-less Title VII claims

On June 3, 2019, the U.S. Supreme Court in Fort Bend County, Texas v. Davis unanimously held that Title VII’s charge-filing requirement is mandatory for claimants, but not jurisdictional.  Stated plainly, employees can still…more

Affirmative Defenses, Amended Complaints, Appeals, Charge-Filing Preconditions, Civil Rights Act

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Illinois Supreme Court Allows Remote Jury Selection

The Illinois Supreme recently entered an Order allowing for immediate remote jury selection in an attempt to alleviate the COVID-19 pandemic’s enormous impact on the court system. See In re: Illinois Courts Response to COVID-19…more

Coronavirus/COVID-19, Infectious Diseases, Judicial Proceedings, Jury Selection, Jury Trial

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Time for a Wellness Check on your Wellness Program? New EEOC Regulations Could Diagnose Need for Change

In light of new rules from the Equal Employment Opportunity Commission (EEOC), employers should examine their wellness programs now (and during open enrollment for next year) to determine the potential impact of the final…more

Americans with Disabilities Act (ADA), Employee Benefits, Employer Group Health Plans, Equal Employment Opportunity Commission (EEOC), Genetic Discrimination

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California says “Goodbye” to the De Minimis Doctrine

For years, courts applied the de minimis doctrine “to excuse the payment of wages for small amounts of otherwise compensable time upon a showing that the bits of time are administratively difficult to record.” Troester v…more

CA Supreme Court, De Minimis Claims, De Minimus Doctrine, Employer Liability Issues, Employment Litigation

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Top Immigration Updates for U.S. Employers during COVID-19 National Emergency

The COVID-19 National Emergency has brought a host of challenges to employers in the United States, including travel, compliance with employment verification processes, and hiring and maintaining immigration status for foreign…more

Canada, Coronavirus/COVID-19, Department of Labor (DOL), Employment Eligibility Verification, Foreign Nationals

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Supreme Court Gives Voice To Private Company Whistleblowers

Lawson v. FMR LLC - In a decision giving private company employers cause to reassess their employee policies and protocols, on March 4, 2014 the U.S. Supreme Court issued a split decision in Lawson v. FMR LLC that…more

Board of Directors, Contractors, FMR LLC, Lawson v FMR, Sarbanes-Oxley

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SECURE 2.0: Retirement Plan Rules Get a Makeover!

SECURE 2.0, which was signed into law on December 29, 2022 as part of the larger Consolidated Appropriations Act, is the most wide-sweeping retirement plan legislation enacted in more than a decade. It contains a myriad of…more

Compensation & Benefits, Consolidated Appropriations Act (CAA), Employee Benefits, New Legislation, Regulatory Reform

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Jury Verdict Invalidated a Patent Under Section 101

On September 12, 2019, after about six hours of deliberating, a jury in the United States District Court for the Eastern District of Texas determined that no infringement had been committed in a suit filed by PPS Data LLC…more

Financial Services Industry, Intellectual Property Protection, Patent Infringement, Patent Invalidity, Patent Litigation

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Ninth Circuit Reverses Landmark Wit Case Addressing Behavioral Health Coverage

The President and his administration continue to tout their efforts to strengthen coverage for behavioral health care, including significantly increasing behavioral health spending and strengthening parity between physical and…more

Biden Administration, Denial of Insurance Coverage, Employee Retirement Income Security Act (ERISA), Health Insurance, Health Plan Sponsors

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Patient-Centered Sustainable Health Care

I. INTRODUCTION - Over the past two years, global events reshaped the health care industry by shifting the priorities of the industry’s key stakeholders. In the post-Covid-19 economy, quick responses to short-term problems…more

Healthcare, Healthcare Reform, Hospital Mergers, Patient-Specific, Patients

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George Costanza and the Supreme Court Align in Ruling This Week on Section 11 of the Securities Act of 1933

In a classic Seinfeld episode, George Costanza opined: "it's not a lie, if you believe it". In a ruling handed down on March 24th, the Supreme Court agreed with this sentiment as it concerned claims brought under Section 11 of…more

Material Misstatements, Omnicare v Laborers District Council, Registration Statement, SCOTUS, Securities Act of 1933

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MACRA: Proposed Changes to the Merit-Based Incentive Payment System Track

The Centers for Medicare & Medicaid Services (CMS) published a proposed rule on the Medicare Quality Payment Program (QPP) in the Federal Register1 on June 30, 2017. This rule proposes the QPP program requirements for calendar…more

CEHRT, Centers for Medicare & Medicaid Services (CMS), Health Care Providers, Medicare, Medicare Access and CHIP Reauthorization (MACRA)

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New EDPB Guidance on International Transfers Following Schrems II

On November 10, the European Data Protection Board (“EDPB”) released its “Recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data” (the…more

Corporate Counsel, Cybersecurity, Data Protection, EU, European Data Protection Board (EDPB)

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Texas Supreme Court Confirms Texas Home-Equity Lenders Are Entitled to Equitable Subrogation Irrespective of Failures to Correct Curable Constitutional Defects in Loan Documents

Last week, the Texas Supreme Court issued a significant decision in favor of Texas home-equity lenders in Federal Home Loan Mortgage Corporation v Zepeda, No. 19-0712, answering “yes” to the following certified question from the…more

Home Equity, Home Equity Line of Credit, Lenders, Loan Documentation, Mortgages

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Survey of International Privacy Laws

Introduction - Recent years have brought a dramatic increase in the number of countries that have comprehensive privacy and data security laws. As the world has become increasingly digital, privacy and data protection have…more

Brazil, Canada, China, Cybersecurity, Data Privacy

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SCOTUS Overturns First, Fifth, Seventh, and Eleventh Circuits and Limits Scope of Computer Fraud and Abuse Act Prosecutions

In a 6-3 decision authored by the Court’s newest Justice, Amy Coney Barrett, the Court reversed and remanded Van Buren’s conviction. The majority, joined by Justices Breyer, Sotomayor, Kagan, Gorsuch, and Kavanaugh reasoned that…more

Computer Fraud and Abuse Act (CFAA), Databases, Police, SCOTUS, Unauthorized Access

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Subordinate Finance in Commercial Real Estate—The Current Landscape

Commercial real estate borrowers often need financing in amounts exceeding what traditional first mortgage lenders will provide. Profound changes in various forms of subordinate finance have occurred in the wake of the financial…more

Approval Requirements, CMBS, Commercial Real Estate Market, Equity Financing, Intercreditor Agreements

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The Restasis Patents and Tribal Sovereign Immunity: New Developments

The battle between Mylan and Allergan over the six Orange Book patents covering Restasis has taken a next formal step. On Sept. 22, the new patent-owner, the Saint Regis Mohawk Tribe, moved to dismiss Mylan’s requests for inter…more

Allergan Inc, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Mylan Pharmaceuticals, Native American Issues

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EEO-1 Deadline for 2018 Pay Data Set for September 30, 2019, Questions Remain

On April 24, 2019, the Federal Court that reinstated the EEO-1 pay data reporting requirement accepted the EEOC’s recommendation that employers must submit the EEO-1 form for 2018, including pay data, by Monday, September 30,…more

Data Collection, EEO-1, Equal Employment Opportunity Commission (EEOC), Equal Pay, Gender-Based Pay Discrimination

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New Year, New Severance and Settlement Agreement Rules for New York

With the New Year in full swing, it is important for New York employers to be aware of recent changes to New York’s statutes relating to severance agreements. On November 17, 2023, New York enacted S4516, which provides…more

Contract Terms, Employer Liability Issues, Former Employee, Hiring & Firing, Labor Reform

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The Structure of Data Rights in a Post-On-Premises World

As society moves away from the use of on-premises software into a modern world in which software vendors offer software and services through online, hosted environments, new challenges and trends related to data use and…more

Data Protection, Licensing Rules, SaaS, Software, Software Developers

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SEC Makes Moves to Step Up ESG Enforcement

As investor demand for socially responsible investing continues to rise, the U.S. Securities and Exchange Commission (SEC) has increased its focus on compliance practices of investment advisors and funds. After the change in the…more

Business Strategies, Capital Investments, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements

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OIG Approves Warranty Program for Bundled Products Used in Joint Replacement Surgery

The U.S. Department of Health and Human Services, Office of Inspector General (“OIG”) recently released Advisory Opinion 18-10, which approved a proposed arrangement involving a manufacturer of medical devices and wound care…more

Manufacturers, Medical Devices, OIG, Pharmaceutical Industry, Warranties

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Lender's Edge Newsletter: January 2018

Are Lenders Entitled to Insurance Proceeds When Foreclosing? A lender’s right to insurance proceeds after foreclosure depends on the type of loss payable clause contained in the insurance policy and the timing of the loss…more

Financial Services Industry, Foreclosure, Insurance Industry, Lenders, Mortgages

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The Chevron Doctrine: Part I

In 1984, the U.S. Supreme Court decided in Chevron U.S.A. v. Natural Resources Defense Council, Inc. (467 U.S. 837) that Federal departments and agencies can interpret federal law when the statute is unclear. Over the years,…more

Administrative Authority, Article III, Chevron Deference, Constitutional Challenges, Healthcare

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Analyzing the Proposed 2019 Stark Reforms

The United Stated Department of Health and Human Services (“HHS”) published a notice of proposed rulemaking (NPRM) containing proposed changes to the Physician Self-Referral Law (“Stark Law,” or “Stark”) on October 17, 2019…more

Anti-Kickback Statute, Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), Health Care Providers, Healthcare Reform

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What’s up with Illinois’ BIPA

The Illinois Biometric Information Privacy Act, 740 ILCS 14/1 through 14/99, was enacted in 2008 to manage the promise of biometric technology for Illinois residents. BIPA seeks to encourage the development and use of biometric…more

Biometric Information, Biometric Information Privacy Act, BNSF Railway, Data Collection, Data Privacy

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Feds Two-Step on Texas Sovereignty has Far-Reaching Compliance Implications

The recent federal grand jury indictment of 21 health care executives, investors, and physicians in connection with the now defunct Dallas-based Forest Park Medical Center effectively turned the Texas health care compliance…more

Bribery, Department of Justice (DOJ), Federal Health Care Programs (FHCP), Health Care Providers, Healthcare

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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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Federal Circuit Clarifies AIA On-Sale Bar Provision Applies Where Existence of Sale Is Public

Yesterday, the Federal Circuit provided much-anticipated guidance on the scope of the America Invents Act’s “on-sale” bar provision. Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., et al., Nos. 2016-1284, 2016-1787…more

Abbreviated New Drug Application (ANDA), America Invents Act, Generic Drugs, Hatch-Waxman, Intellectual Property Protection

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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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U.S. Supreme Court Holds That The Federal Arbitration Act Preempts California’s Rule Prohibiting Contractual Arbitration of Individual PAGA Claims

On June 15, 2022, the U.S. Supreme Court issued its highly anticipated opinion in Viking River Cruises, Inc. v. Moriana, which considered whether or not claims brought under the California Private Attorneys General Act (“PAGA”)…more

Arbitration, Arbitration Agreements, California, Class Action, Class Action Arbitration Waivers

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Don't Be Left On The Sidelines: CMS Is Seeking Applications For A New Hospice Demonstration Program

Currently, Medicare patients that wish to receive palliative hospice care have a tough choice to make—forgo any curative treatment or incur all hospice care costs. This could change, however, with the recent launch of CMS's…more

Centers for Medicare & Medicaid Services (CMS), Healthcare, Healthcare Reform, Hospice, Hospitals

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What's More Appealing Than Property Taxes? Recent Kansas Legislative Changes Make This Year An Opportune Time to Appeal Yours

Do you or your company own real property in Kansas? If so, then challenging your property's tax valuation is more appealing than ever, thanks to the 2014 Kansas Legislature…more

Legislative Agendas, Property Tax, Property Valuation, State Taxes

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Med-Staff Newsletter - October 2023 | VOL 12

Do the Right Thing — Reporting Voluntary Actions Taken While “Under Investigation” to the NPDB - Many health care entities struggle with the dilemma of whether and when to make reports to the National Practitioner Data Bank…more

Health Care Providers, Healthcare, Healthcare Reform, Healthcare Workers, Investigations

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Health Care Fraud and Abuse 2023 Year in Review

Introduction - Polsinelli proudly introduces the Health Care Fraud and Abuse 2023 Year in Review, a comprehensive examination of the evolving landscape surrounding the False Claims Act (“FCA”) and fraud & abuse enforcement…more

Anti-Kickback Statute, Department of Justice (DOJ), Enforcement Actions, False Claims Act (FCA), Fraud and Abuse

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Member of an Arizona LLC? You May Have a Fiduciary Duty to the LLC

Arizona has finally resolved the issue of whether managers and members of an Arizona Limited Liability Company (LLC) owe a common law fiduciary duty to the LLC and whether an operating agreement can lawfully limit those…more

AZ Supreme Court, Business Litigation, Common Law Torts, Contract Terms, Duty of Care

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Illinois Amends Equal Pay Act to Prohibit Questions About Salary History

Recently, Illinois amended its Equal Pay Act to include a ban on salary-history inquiries, with the stated goal of reducing gender pay inequities.  Specifically, the amendments prohibit employers from asking questions regarding…more

Amended Legislation, Employer Liability Issues, Equal Pay, Equal Pay Act, Gender Equity

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The Strategic Role of Systematic Health Care M+A in Remaking the Future of Health Care

This white paper analyzes the interplay of those middle market health care business mergers and acquisitions with the four-part, patient-care-centric conceptual framework of ownership, organization, payment and delivery that we…more

Acquisition Agreements, Business Model, Corporate Sales Transactions, Due Diligence, Health Care Providers

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Jury Sides with Hermès in Pivotal NFT Trademark Case

On February 8, 2023, a federal jury awarded Hermès International and Hermès of Paris, Inc. (“Hermès”) $133,000 in its trademark lawsuit against designer Mason Rothschild. Hermès sued Rothschild for selling non-fungible tokens…more

Artistic Works, Cybersquatting, Digital Assets, Dilution, Fashion Branding

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Vehicle Rental Laws: Road Blocks To Evolving Mobility Models?

The laws and regulations governing mobility are inconsistent and antiquated and should be modernized to encourage innovation as we prepare for an autonomous car future. The National Highway Traffic Safety Administration…more

Auto Lease, Automotive Industry, Car Rentals, Car-Sharing, Driverless Cars

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Health Care Reimbursement and Payor Dispute Update Special Edition – Year End Regulatory Review

The Centers For Medicare & Medicaid Services Issues New Inpatient Prospective Payment System Final Rule - On September 3, 2020, the Centers for Medicare & Medicaid Services (CMS) issued the fiscal year (FY) 2021 Medicare…more

Centers for Medicare & Medicaid Services (CMS), Cramdown, Drug Pricing, Health Care Providers, Healthcare Reform

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Congressional Task Force Issues Report on Cybersecurity in the Health Care Industry

Recently, the Health Care Industry Cybersecurity Task Force (the “Task Force”) issued its Report on Improving Cybersecurity in the Health Care Industry (the “Report”). The Task Force, which was created by Congress as part of…more

Cybersecurity, Healthcare, Internet of Things, Medical Devices, NIST

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Temporary Food Labeling Policies in Light of the COVID-19 Pandemic

In the wake of the COVID-19 pandemic in the United States, the U.S. Food and Drug Administration in March relaxed its labeling requirements for food manufacturers and restaurants to aid the distribution and sale of food during…more

Agribusiness, Coronavirus/COVID-19, Department of Health and Human Services (HHS), Food and Drug Administration (FDA), Food Labeling

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Recent Regulatory Action Against an Unlicensed Insurance Administrator in Florida

The Florida Office of Insurance Regulation (“Florida OIR”) recently took regulatory action against a New York-based company (“Company”) regarding its alleged unlicensed activities in Florida. According to the Florida OIR, the…more

Certificate of Authority, Enforcement Actions, Florida, Insurance Regulations, Licensing Rules

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A Long Time Coming: DOJ Issues First FCPA Advisory Opinion in Six Years

On August 14, 2020, the Department of Justice issued a Foreign Corrupt Practices Act (“FCPA”) Advisory Opinion—the first of its kind in nearly six years. The DOJ’s opinion advised a U.S. investment company that the transaction…more

Anti-Corruption, Corporate Counsel, Department of Justice (DOJ), Enforcement Guidance, Foreign Corrupt Practices Act (FCPA)

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Group Health Plan Coverage Requirements Expanded to Include Non-Prescribed Over-the-Counter COVID-19 Testing

Effective January 15, 2022, health plans are required to cover the cost of over-the-counter (“OTC”) COVID-19 test kits obtained without a health care provider’s prescription or clinical assessment. This new requirement was…more

Compensation & Benefits, Coronavirus/COVID-19, Cost-Sharing, Employee Benefits, Employer Group Health Plans

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New Patent Office Guidance and Blockchain-based Patents

Recently, the Patent Office announced two new Guidance documents which although not targeted specifically to blockchain technology provide insight into strategies for the drafting and prosecuting of blockchain-based patents…more

Blockchain, Distributed Ledger Technology (DLT), Intellectual Property Protection, New Guidance, Patent Applications

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Cybersecurity for Startups Now a Cost of Entry for Consideration by Larger Clients: What is Your Company's Plan?

For technology startups, maintaining strong security controls remains vital to winning new business opportunities and strengthening existing relationships. Despite the global spike in cybersecurity attacks (there were 42.8…more

Cloud Computing, Cyber Attacks, Cyber Crimes, Cybersecurity, Data Breach

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CFPB Goes Public and Steps Up Enforcement Activity

The Consumer Financial Protection Bureau (CFPB) recently announced what may be its boldest move yet: a $63 million enforcement action in coordination with the Federal Trade Commission (FTC) against Minnesota-based mortgage…more

Consumer Financial Protection Bureau (CFPB), Department of Veterans Affairs, Enforcement Actions, Fair Credit Reporting Act (FCRA), Fair Housing Act (FHA)

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CMS Terminates and Scales Back Mandatory Bundled Payment Models

The Centers for Medicare & Medicaid Services (CMS) recently published a final rule that cancels the Episode Payment Models (EPMs) and the Cardiac Rehabilitation (CR) incentive payment model, each of which were slated to begin on…more

BPCI, Bundled Payments, Centers for Medicare & Medicaid Services (CMS), Episode Payment Models (EPM), Health Care Providers

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Drug Manufacturer Pricing Under the Microscope: HRSA’s 340B Civil Monetary Penalty and Drug Pricing Final Rule

The Health Resources and Services Administration recently surprised the 340B Drug Pricing Program community with the release of its regulations pertaining to drug manufacturer ceiling price calculations and civil monetary…more

Affordable Care Act, Covered Entities, Drug Pricing, Health Care Providers, Healthcare

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New Legislation Overhauls State and Local Regulations for Commercial Wind and Solar Farms

On January 27, 2023, Governor Pritzker signed a bill that will transform the way counties and municipalities in Illinois locally regulate the development and construction of commercial wind and solar energy generation…more

Energy Projects, Energy Reform, Illinois, Infrastructure, New Legislation

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Biden Administration Unveils New Outbound Investment Security Program, Which Will Prohibit U.S. Investments in China Relating to Certain Technologies

On August 9, 2023, the Biden Administration took the first significant steps towards implementing a new regime to restrict and regulate U.S. investments in certain Chinese technology sectors. The President released an Executive…more

Advanced Notice of Proposed Rulemaking (ANPRM), Artificial Intelligence, Biden Administration, China, Executive Orders

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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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For Whom the Whistle Blows

In This Issue: - Applicability and Protected Activity - Procedure Governing Section 402 Claims - Five Steps to Compliance - For More Information - Excerpt from Applicability and Protected…more

Chief Compliance Officers, Employer Liability Issues, Federal Food Drug and Cosmetic Act (FFDCA), Food Manufacturers, FSMA

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The OIG Wants You to Know It Is Targeting Physicians - The OIG's June 2015 Fraud Alert

On June 9, 2015, the HHS Office of Inspector General (OIG) issued a Fraud Alert that cautions physicians about questionable medical directorship and office staff arrangements. [Alert available here]. In the Fraud Alert, the OIG…more

Anti-Kickback Statute, Department of Health and Human Services (HHS), Healthcare, Healthcare Fraud, Kickbacks

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Tech Transactions & Data Privacy 2021 Report

As we bid farewell to 2020 and look toward the uncharted territory of 2021, it is hard not to take inventory of all that has changed in such a short period. No one at the beginning of 2020 would have predicted what transpired…more

Artificial Intelligence, California Consumer Privacy Act (CCPA), Communications Decency Act, Contact Tracing, COPPA

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Five Immediate Steps to Take in Preparation for China’s New Comprehensive Privacy Law

China has recently joined the list of countries that have adopted the world’s strictest data-privacy laws. Given China’s desirability as both a market for and a source of data, companies worldwide have started making early…more

China, Consumer Privacy Rights, Corporate Counsel, Data Privacy, Data Processors

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DCGL Amendment May Breathe New Life Into Zombie Companies

On August 1, 2023, the Delaware General Corporation Law (DGCL) was amended to create an “insolvency exception” to Delaware’s long-standing requirement that a sale of all or substantially all of a Delaware corporation’s assets…more

Board of Directors, Business Ownership, Corporate Governance, Corporate Restructuring, Delaware General Corporation Law

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Remote Patient Monitoring Opportunities and Risks for Technology Vendors and Providers

In recent years, the Centers for Medicare and Medicaid Services (CMS) has expanded coverage for remote patient monitoring (RPM) services under Medicare. RPM services include establishing, implementing, revising, and monitoring a…more

Billing, Centers for Medicare & Medicaid Services (CMS), Data Management, Data Privacy, Digital Health

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Polsinelli-TrBK Distress Indices - Third Quarter 2018

We are pleased to announce the release of the Polsinelli-TrBK Distress Indices Report for the third quarter of 2018. Polsinelli, with data provided exclusively by TrollerBk.com, publishes the Indices Report on a quarterly…more

Chapter 11, Commercial Bankruptcy, Distressed Debt, Healthcare, Real Estate Market

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Latest Update on Anthem Data Breach - Other BCBS Plans May Be Impacted

As a follow-up to its announcement of a massive cyber breach last week, Anthem has updated its “Frequently Asked Questions” for its employer clients, which are posted at www.AnthemFacts.com. The most significant development in…more

Anthem Blue Cross, Anthem Insurance, Corporate Counsel, Cybersecurity, Data Breach

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SCOTUS Rejects Defense-Friendly Scienter Standard In Schutte Opinion

On June 1, 2023, the Supreme Court of the United States (SCOTUS) issued its much-anticipated opinion in United States ex rel. Schutte v. SuperValu Inc. and United States ex rel. Proctor v. Safeway, Inc. (Schutte), holding that a…more

Drug Pricing, False Claims Act (FCA), Fraud, Government Investigations, Healthcare

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What is 13th Month Pay and Why Should Employers Care?

Most American employers run payroll twelve or twenty-four times across a calendar year. In some countries, there is a “thirteenth month” to think about…more

Bonuses, Employer Responsibilities, International Labor Laws, Payroll Taxes, Salaried Employees

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Relax Jack...It’s Only a Joke!

Jack Daniel’s Properties, Inc. v. VIP Products LLC. (Docket 22-148) On March 22, 2023, VIP Products LLC told the Supreme Court that its parody Bad Spaniels whiskey-bottle-shaped dog toys do not violate the Lanham Act…more

First Amendment, Free Speech, Intellectual Property Protection, Jack Daniels Properties Inc v VIP Products LLC, Lanham Act

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American Rescue Plan Brings $86 Billion in Relief to Failing Multiemployer Pension Plans

The American Rescue Plan that was sent to President Biden’s desk on March 11, 2021 includes an $86 Billion aid package that provides financial assistance to underfunded multiemployer pension plans facing critical or declining…more

Biden Administration, Compensation & Benefits, Employee Benefits, Legislative Agendas, Multiemployer Plan

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Federal Banking Regulators Issue New Guidance for Complying with 36 Hour Cybersecurity Incident Reporting Requirement

On March 29, 2022, federal banking regulators issued important guidance for how banking organizations can comply with the upcoming requirement to notify regulators within 36 hours of ransomware or other disruptive cybersecurity…more

Banking Regulators, Cyber Attacks, Cyber Incident Reporting, Cybersecurity, Data Breach

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How FinTech Could Reboot LIBOR

Part One of this two part E-alert looked at the challenges facing London Inter-Bank Offered Rate (LIBOR) LIBOR and how the syndicated loan market is dealing with the potential non-availability of these rates. Part two considers…more

Benchmarks, Blockchain, Distributed Ledger Technology (DLT), Financial Transactions, FinTech

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Health Care Reimbursement and Payor Dispute Update Special Edition – Year End Regulatory Review

The Centers For Medicare & Medicaid Services Issues New Inpatient Prospective Payment System Final Rule - On September 3, 2020, the Centers for Medicare & Medicaid Services (CMS) issued the fiscal year (FY) 2021 Medicare…more

Centers for Medicare & Medicaid Services (CMS), Cramdown, Drug Pricing, Health Care Providers, Healthcare Reform

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New Independent Contractor Test Increases Risk of Independent Contractor Misclassification

The U.S. Department of Labor is set to issue a Proposed Rule that will have a significant impact on the test used to determine whether someone is an independent contractor or an employee under the Fair Labor Standards Act…more

Biden Administration, Department of Labor (DOL), Employee Definition, Employer Liability Issues, Fair Labor Standards Act (FLSA)

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Fireworks Are Coming Before Independence Day

Mark your calendars for July 3—the date we will likely learn whether a Texas Court will enjoin the FTC Rule banning non-competes from taking effect on September 4. This week, Judge Ada Brown, the presiding judge in Ryan, LLC v…more

Competition, Confidential Information, Employer Liability Issues, Employment Contract, Federal Labor Laws

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2019 Colorado Bills to Watch

Colorado’s 2019 legislative session began on January 4 and concludes May 3, 2019.  Several proposed bills may affect employers, including these two..…more

Ban the Box, Criminal Background Checks, Employer Liability Issues, Equal Pay, Gender-Based Pay Discrimination

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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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SEC Proposes Significant Alterations for Financial Obligation Disclosures for Governmental Issuers and Certain Nonprofit Organizations

The Securities and Exchange Commission (the "SEC") recently sent a clear message to participants in the municipal markets: it intends to require a greater level of disclosure, and more timely disclosure, regarding an obligated…more

Comment Period, Default, Disclosure Requirements, Municipal Securities Market, Proposed Amendments

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Reopening Hospital Service Lines: A Playbook for Moving Forward

The COVID-19 pandemic has created severe financial and operational difficulties for hospitals. Rapidly responding to a novel pathogen within a declared Public Health Emergency (PHE), while experiencing decreased revenues as a…more

Coronavirus/COVID-19, Employer Liability Issues, Employer Responsibilities, Re-Opening Guidelines, Return-to-Work Agreements

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Courts Split on How to Determine Statutory Damages for Copyright Infringement

The recent decision in Energy Intelligence Group, Inc. v. CHS McPherson Refinery, Inc. highlights a circuit split regarding how courts determine the statutory damages available for copyright infringement where multiple…more

Copyright, Copyright Infringement, Copyright Litigation, Intellectual Property Protection, Loss in Economic Value

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Health Care Reimbursement and Payor Dispute Update Special Edition - Year End Regulatory Review

The end of 2021 brings positive indications of the continued acceptance of telehealth as an important clinical care approach post public health emergency (“PHE”). The Centers for Medicare and Medicaid Services (“CMS”), like…more

Ambulatory Surgery Centers, Centers for Medicare & Medicaid Services (CMS), Drug Pricing, Health Care Providers, Health Insurance

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Texas Offers State Low-Income Housing Tax Credits

Texas Governor Greg Abbott (R) recently signed Texas House Bill (H.B.) 1058, making Texas at least the 28th state, plus the District of Columbia, to offer state low-income housing tax credits to bridge the growing affordable…more

Affordable Housing, Community Development, Construction Project, Critical Infrastructure Sectors, LIHTC