Parsing Out Changes in the Election Addendum Made by the Final Hospice Wage Index Rule
No Delay for Hospices: October 1st Brings New Election and Addendum Requirements
A California federal court partially granted a motion to compel arbitration by car care franchisor Spiffy Franchising. However, the court invalidated provisions in the franchise agreement providing for dispute resolution in...more
In a recent decision, the Office of Hearings and Appeals (OHA) affirmed a Small Business Administration (SBA) Area Office’s size determination and held that procedural deficiencies in a contractor’s Joint Venture Agreement...more
This blog notes some of the key features of the Addendum. At its core, the Addendum can be used in relation to both controller BCRs and processor BCRs. Organisations then have a choice as to whether they use the Addendum in...more
London, UK – Partner Geoffrey Wynne at Sullivan & Worcester (Sullivan) has assisted the International Trade & Forfaiting Association (ITFA) in relation to an important update to its Digital Negotiable Instruments (DNI)...more
The spate of class-actionGavel with Cash lawsuits against banks and credit unions (“Financial Institutions”) involving overdraft fees has prompted Indiana Financial Institutions to amend their existing account agreements to...more
In response in part to the dozens of cases filed throughout the country related to assessment of insufficient funds (NSF) and overdraft (OD) fees, many banks and credit unions have sought to add arbitration and class action...more
A Virginia district court dismissed a lawsuit filed by 360 Painting, a franchisor of residential and commercial painting services, concluding an addendum to the parties’ franchise agreement precluded 360 Painting’s claims for...more
The Fourth District Court of Appeal, in Olen Properties Corp. v. City of Newport Beach (2023) ___Cal.App.5th___, upheld the City of Newport Beach’s approval of a 312-unit apartment complex challenged by a neighboring...more
In IBC Business Owners for Sensible Development v. City of Irvine et al. (Feb. 6 2023, Case No. G060850) ___ Cal.App.5th ___, the Fourth District Court of Appeal held that the City of Irvine (“City”) violated CEQA when it...more
There are several emerging trends in 2023 concerning construction component manufacturers. 1. Tendering to and/or Adding Subs and Suppliers to Claims/Cases/Matters The most notable trend specific to manufacturers is...more
Do you transfer or receive personal data from the United Kingdom? If so, there are some important developments in the UK to factor into your data protection compliance program. In a major change of policy, some organizations...more
When the form contract says one thing and the addendum says another, which one would you expect to prevail?...more
By October 1, 2021, hospices will need to update their election addendum form to address a change made by the Centers for Medicare & Medicaid Services (CMS) in the final rule. The government has provided much-needed...more
A recent judgment by the High Court of England and Wales in the case of Jamp Pharma Corp v. Unichem Laboratories Limited has held that agreements reached as part of contract negotiations for contracts governed by English law...more
As discussed in one of our earlier blogs, back in March 2020, the U.S. Environmental Protection Agency (EPA) issued its controversial Enforcement Policy outlining certain situations where EPA would not pursue enforcement...more
The hospice industry expressed collective disappointment when the Centers for Medicare & Medicaid Services declined additional time for implementing new election statement and addendum requirements. On October 1, 2020,...more
On August 14, 2020, the final regulations for the California Consumer Privacy Act (CCPA) (available here) were approved by the California Office of Administrative Law (OAL) and are effective immediately. The CCPA has...more
The California Attorney General has announced that the state’s Office of Administrative Law (OAL) granted its approval of final regulations under the California Consumer Privacy Act (CCPA). They are effective immediately....more
Keypoint: Some additional changes to the CCPA regulations were made before they were filed with the Secretary of State and became effective. As discussed in our prior post, on Friday, August 14, 2020, the California Office...more
The United States Environmental Protection Agency (“EPA”) issued a June 29th Memorandum titled: COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program: Addendum on Termination (“Addendum”) - The...more
On June 29, 2020, the EPA issued an Addendum to its March 2020 COVID-19 Temporary Enforcement Policy (“Policy”) announcing that the Policy will terminate in its entirety on August 31, 2020. The Addendum also indicates that,...more
On July 1, 2020, San Antonio Mayor Ron Nirenberg issued a Fifth Addendum to the Eighth Declaration of Public Health Emergency Regarding COVID-19 for the City of San Antonio, and Bexar County Judge Nelson Wolff issued...more
A cardinal change is a rare event in construction. However, when it "provably" occurs, it can turn the relative rights of the parties to a construction dispute upside down. A recent New York case bears this out. A general...more
The California Court of Appeal rejected a facial challenge to the EIR addendum process, and held that an agency is not required to make new findings in connection with approval of an EIR addendum. Save Our Heritage...more
The Fourth District Court of Appeal (Div. 1) held in a published opinion filed October 24, 2018, that CEQA Guidelines § 15164 validly establishes an addendum process that is consistent with the CEQA statute, implementing and...more