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Advisory Opinions

McDermott Will & Emery

Healthcare Regulatory Check-Up Newsletter | July 2024 Recap

This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for July 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including a final rule on provider...more

King & Spalding

OIG Issues Favorable Advisory Opinion Regarding Proposed Patient Assistance Program Operated by a Nonprofit Grant-Making...

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On August 20, 2024, OIG issued Advisory Opinion No. 24-07 in which it responded to a request for an advisory opinion regarding a nonprofit grant-making organization’s (Requestor) proposal to fund a patient assistance program...more

Nutter McClennen & Fish LLP

Nutter Bank Report: August 2024

CFPB Issues Filing Instructions Guide for Small Business Lending Data - The CFPB has published instructions for banks and other covered financial institutions to submit small business lending data that is required to be...more

Holtzman Vogel Baran Torchinsky & Josefiak

FEC Advisory Opinion Approves Federal Candidate Request to Add Super PAC to Joint Fundraising Committee

In Advisory Opinion 2024-07, the FEC approved a request made by Team Graham, the principal campaign committee of Senator Lindsey Graham, to add a Super PAC to an existing joint fundraising committee named Graham Majority...more

Hudson Cook, LLP

CFPB Bites of the Month - August 2024 - All That's Left of the CFPB's Summer Sky

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In this month's article, we share some of our top "bites" for the prior and current month covered during the August 2024 webinar....more

Bricker Graydon LLP

[Event] Reports, Receipts, and Results: Ohio Ethics and Campaign Finance Law Refresher and Secretary of State Presentation -...

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Bricker Graydon is pleased to present a refresher on Ohio ethics laws, campaign finance compliance, and a presentation from the Ohio Secretary of State about the Secretary’s public integrity division, which was created in...more

Davis Wright Tremaine LLP

CFPB Takes Aim at Earned Wage Access Products as Regulated Loans

The Consumer Financial Protection Bureau (CFPB) proposed an interpretive rule that would extend Truth in Lending Act (TILA) and Regulation Z (Reg Z) compliance requirements to many existing earned wage access (EWA) products....more

Holtzman Vogel Baran Torchinsky & Josefiak

In Compliance: Holtzman Vogel's July 2024 Round-Up

Holtzman Vogel attorneys wrote on the Supreme Court's landmark Loper Bright decision earlier this month. The Court overruled its 1984 decision in Chevron v. NRDC that introduced the so-called "Chevron deference" principle...more

Bass, Berry & Sims PLC

OIG Advisory Opinion 24-03 Greenlights Travel and Lodging Assistance for Gene Therapy Patients

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On June 17, the U.S. Department of Health and Human Services Office of Inspector General (OIG) posted Advisory Opinion 24-03, approving an arrangement under which a pharmaceutical manufacturer provides travel, lodging, and...more

Goldberg Segalla

ITLOS Issues Historic Advisory Opinion on Climate Change and International Law

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On May 21, 2024, the International Tribunal for the Law of the Sea (ITLOS) published what has been deemed as an “historic” and “unprecedented” advisory opinion on climate change, international law, and on state obligations...more

Holtzman Vogel Baran Torchinsky & Josefiak

In Compliance: Holtzman Vogel's May 2024 Round-Up

At the FEC’s May 1 open meeting, the Commission voted 4-1 to approve an advisory opinion requested by Nevadans for Reproductive Freedom (“NFRF”) that authorizes federal candidates and officeholders to solicit unlimited funds,...more

Latham & Watkins LLP

International Tribunal on the Law of the Sea Issues Landmark Advisory Opinion on Climate Change

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The Tribunal confirmed that States party to UNCLOS must take measures to prevent marine pollution caused by climate change, on top of their obligations under the Paris Agreement. On 9 April 2024, the International...more

McDermott Will & Emery

Healthcare Regulatory Check-up Newsletter | April 2024 Recap

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This issue of McDermott’s Healthcare Regulatory Check-Up highlights regulatory activity for April 2024. We discuss several US Department of Health and Human Services (HHS) agency actions, including the Calendar Year (CY) 2025...more

EDRM - Electronic Discovery Reference Model

[Webinar] "My AI Did It!" Is No Excuse for Unethical or Unprofessional Conduct: Consideration of recent case law and ethics...

Consideration of ethical and professional issues raised by Florida attorneys use of AI, including the following: - Florida Bar Ethics Opinion 24-1 (01/19/24). (Copy to be provided for download.) Overview of the opinion...more

Troutman Pepper

Massachusetts Issues Advisory Opinion With Implications for Private Equity Firms’ Use of AI

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Troutman Pepper's latest white paper explores the heightened focus on artificial intelligence (AI) by various state attorneys general (AGs), particularly in relation to data privacy laws, consumer protection statutes, and...more

Foley Hoag LLP

Summary and Key Considerations of Recent HHS-OIG Advisory Opinion on Pharmaceutical Patient Assistance Program for Rare Disorders

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On April 8, 2024, the Department of Health and Human Services Office of Inspector General (OIG) issued a long-awaited favorable Advisory Opinion (AO 24-02) for a charitable patient assistance program (PAP) focused on rare...more

Sheppard Mullin Richter & Hampton LLP

OIG Issues Favorable Advisory Opinion Regarding Patient Assistance Funds

Recently, the Department of Health and Human Services Office of Inspector General (“OIG”) released Advisory Opinion (“Opinion”) 24-02 regarding patient assistance funds provided by a non-profit charitable organization...more

Holtzman Vogel Baran Torchinsky & Josefiak

FEC Authorizes Federal Candidates and Officeholders to Solicit Unlimited Funds for State Ballot Initiative Committees

At the FEC’s May 1 open meeting, the Commission voted 4-1 to approve a draft advisory opinion requested by Nevadans for Reproductive Freedom (“NFRF”) that authorizes federal candidates and officeholders to solicit unlimited...more

Foley & Lardner LLP

New Favorable OIG Advisory Opinion Allows Patient Assistant Programs Funded by Drug Manufacturers

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The Office of Inspector General (OIG) recently issued a new favorable advisory opinion regarding patient assistance programs (PAP) for 12 specific disease funds. PAPs help patients pay high cost-sharing obligations for...more

Bricker Graydon LLP

[Event] Convention(al) Wisdom: A primer on Ohio’s ethics and election laws, including navigating this year’s national political...

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Our panelists will provide a series of presentations covering Ohio's ethics and campaign finance laws. Topics include recent advisory opinions, election trends, and legislative ethics updates in preparation for the upcoming...more

Venable LLP

FEC Allows Nonfederal Committee to Coordinate Paid Canvassing Efforts with Federal Candidates

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The Federal Election Commission has issued an advisory opinion making it much easier for federal candidates to offload their paid canvassing programs onto state PACs, nonprofits, and super PACs. ...more

Holtzman Vogel Baran Torchinsky & Josefiak

FEC Update with Matt Petersen: Election Canvassing and Coordination

Earlier today, the Federal Election Commission (FEC) issued an advisory opinion that provides useful clarifications regarding the definitions of “public communication,” “coordinated communication,” and “coordinated...more

Harris Beach PLLC

OIG Approves Discounts on Inpatient Deductibles

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The Office of Inspector General (OIG) recently issued a new favorable OIG Advisory Opinion, concluding that, although the proposed arrangement (“Proposed Arrangement”) between a Medicare Supplement insurer (“MediGap Plan”)...more

Bradley Arant Boult Cummings LLP

Fannie Mae Issues Fair Servicing Best Practices Guide

This week, in line with the CFPB’s ever-increasing focus on fair lending, Fannie Mae issued a Fair Servicing Best Practices Guide to promote “servicer awareness of fair servicing best practices.” Taking a big picture...more

Sheppard Mullin Richter & Hampton LLP

District Court Elucidates the Meaning of “to Induce” Under the Federal Health Care Program Anti-Kickback Statute

The United States District Court for the Eastern District of Virginia recently dismissed an appeal by the Pharmaceutical Coalition for Patient Access (“PCPA”) that challenged a negative opinion issued by the U.S. Department...more

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