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Agents

Latham & Watkins LLP

UK Government Launches Consultation on Deregulating Commercial Agents

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The UK’s consultation on deregulating commercial agents could have knock-on impacts on payment services and create regulatory divergence from the EU....more

Benesch

A Broker Nuclear Verdict Reversal! (And a Very Good Year [In the Courts] for Brokers)

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Suffice it to say that the past year has been a very good year for brokers; in the courts, that is! While there have been several very favorable preemption decisions across the country, the preemption doctrine is not...more

Mintz - Health Care Viewpoints

The Uncertain Landscape of Medicare Agent/Broker Compensation Rules

In the Proposed Medicare Advantage and Part D Rules for 2025, the Centers for Medicare & Medicaid Services (CMS) proposed significant changes to how Medicare Advantage organizations (MAOs) are allowed to contract with and...more

Patton Sullivan Brodehl LLP

The Perils of Buying Property from an LLC with Competing Claims to Managerial Authority

Prior LLC Jungle posts have addressed the tricky issue of LLC managerial authority in the context of the LLC’s dealings with third parties... As referenced in those posts, under Corporations Code section 17703.01, when an...more

Akin Gump Strauss Hauer & Feld LLP

Analysis: CY 2025 Revisions to Medicare Advantage and Part D Rules Governing Agent, Broker and Third Party Compensation

On April 4, the Centers for Medicare & Medicaid Services (CMS) released the Contract Year (CY) 2025 Medicare Advantage (MA) and Medicare Part D Policy and Technical Changes final rule (“Final Rule”), which included revisions...more

Mintz - Health Care Viewpoints

CMS Publishes Final Rules Implementing Part C and Part D Program Changes

On April 23, 2024, the Centers for Medicare & Medicaid Services (CMS) published final rules setting forth Changes to the Medicare Advantage and the Medicare Prescription Drug Benefit Program for Contract Year 2024--Remaining...more

King & Spalding

CMS Finalizes Rule Regarding Marketing Changes, Beneficiary Protections, and Coverage for Medicare Parts C and D

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On April 4, 2024, CMS published a final rule implementing certain policy changes to the Medicare Advantage (MA) Program (Medicare Part C) and the Medicare Prescription Drug Benefit Program (Medicare Part D). According to the...more

Sheppard Mullin Richter & Hampton LLP

Increased Scrutiny into Agents & Brokers in the Medicare Advantage Space

Most Medicare Advantage (“MA”) beneficiaries rely on agents and brokers to help them navigate the complex process of selecting a health plan that will meet their needs. In exchange, brokers and agents received certain fixed...more

Sheppard Mullin Richter & Hampton LLP

CMS Issues CY2025 Medicare Advantage and Part D Final Rule

On April 4, 2024, the Centers for Medicare & Medicaid Services (“CMS”) issued the contract year 2025 (CY2025) Medicare Advantage and Part D final rule (the “Final Rule”). In addition to finalizing its CY2025 proposed rule,...more

Bass, Berry & Sims PLC

CMS Finalizes CY 2025 Medicare Advantage Rule, Confirming Continued Focus on Marketing Practices and Health Equity

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On April 4, the Centers for Medicare & Medicaid Services (CMS) issued the Contract Year (CY) 2025 Medicare Advantage (MA) Final Rule (Final Rule), which will have significant implications for MA plans and other industry...more

Fox Rothschild LLP

Go Franchise Broker or Bust?

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One of the most hotly debated and discussed questions among franchise system owners and operators is whether to engage outside franchise sales agents, brokers, franchise sales outsource companies (FSOs), or all of the above,...more

Allen Matkins

Segway Segues Over Choice Of Law Question Inherent In Officer Caremark Claims

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Last year, Vice Chancellor J. Travis Laster's  ruled that McDonald's Corporation's former Executive Vice President and Global Chief People Officer, David Fairhurst, owed a duty of oversight comparable to the duty articulated...more

International Lawyers Network

Establishing a Business Entity in England (Updated)

The attractiveness of the United Kingdom as a business location is unabated. There are many advantages to doing business in the UK. Investors can draw on a skilled workforce and access a large market; costs of labour and...more

Foley & Lardner LLP

There Must Be Fifty Ways to Leave Your Agent

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Happy Thanksgiving! As anyone who saw our Halloween International Trade Update is aware, we are all in favor of alternative ways to get out our international regulatory compliance message. So, who better to aid in our...more

BakerHostetler

District Court Decision Digs Deep into the FTC and Agency Law

BakerHostetler on

If we look at recent Supreme Court decisions, the Federal Trade Commission (FTC) has a pretty dismal record, with well-publicized losses in AMG and Axon. At the district court level, however, things are quite different; we...more

Morgan Lewis - Tech & Sourcing

Agency Relationships in the United Kingdom and United States

In this blog post, we provide a summary of the different types of agency relationships in the United Kingdom and United States. Agency relationships are legal arrangements where one party—the “agent”—acts on behalf of...more

Kerr Russell

New Rule Puts Hospitals At Greater Risk Of Liability

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On December 7, 2022, the Michigan Supreme Court decided Markel v Beaumont Hospital, 982 NW2d 151 (2022). In a 4-3 decision, the court offered a novel interpretation of Grewe which, in the words of dissenting Justice David...more

Foley & Lardner LLP

Medicare Advantage Agent and Broker Compensation: Commissions, Administrative Payments, and Referral Fees under 42 C.F.R. §...

Foley & Lardner LLP on

A common question in the context of Medicare Advantage (“MA”) distribution and compensation is how agents and brokers may be compensated for commissions and administrative payments and whether, and to what extent, referral...more

Benesch

Lions and Tigers and Bears - Oh My! New FMCSA Guidance on the Definition of Dispatch Services, Bona Fide Agents, and Brokers

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Federal regulators—as well as the marketplace itself—have been scrutinizing the role of certain types of “transportation intermediaries” in the industry. One point of focus has been the role of longstanding models such as...more

Foley & Lardner LLP

5 Tips For Filing Gov't Notices After Insurance Producer M&A

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Each state Department of Insurance requires that insurance producers — brokers and agents — keep their information up to date in the DOI's records by timely notifying the DOI of any changes to the producer's information,...more

Kerr Russell

Hospitals May Face Increased Liability Under Michigan Supreme Court Decision

Kerr Russell on

In the recent case of Markel v. William Beaumont Hospital, 982 N.W.2d 151 (2022), the Michigan Supreme Court changed the analysis for claims alleging that a hospital is vicariously liable for a non-employee’s alleged...more

Paul Hastings LLP

SVB Receivership – Considerations for Agents and Lenders

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Background- On March 10, 2023, the California Department of Financial Protection and Innovation closed Silicon Valley Bank (SVB) and appointed the Federal Deposit Insurance Corporation (FDIC) as receiver for SVB....more

Kaufman & Canoles

Virginia Real Estate Case Alert - Closing Funds Wired to Fraudster’s Account Covered by Insurance

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A recent groundbreaking case decided February 1, 2023, from the United States Court of Appeals for the Fifth Circuit highlights the importance of broad insurance coverage for title agents and other businesses vulnerable to...more

International Lawyers Network

Establishing A Business Entity In England (Updated)

The attractiveness of the United Kingdom as a business location is unabated. There are many advantages to doing business in the UK. Investors can draw on a skilled workforce and access a large market; costs of labour and...more

Barnea Jaffa Lande & Co.

Doing Business in Israel through Agents and Distributors

Most international companies prefer operating in Israel through domestic business partners, rather than setting up their own local operation. Such local partners – distributors or agents – assume all or a portion of the local...more

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