News & Analysis as of

Waivers

Seyfarth Shaw LLP

Navigating Visa Challenges: DOS Updates on Inadmissibility Waivers

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A recent update and clarification from the Department of State (DOS) on waiver eligibility expands opportunities for visa applicants facing difficulties in obtaining visa stamps for entry to the U.S. This clarification,...more

Ward and Smith, P.A.

Think Twice — Avoiding Waiver of the Attorney-Client Privilege Through Issuance of a Press Release

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Imagine that your company has just been sued by a competitor for patent infringement, deceptive advertising, unfair competition, or any number of other business torts. The news of the lawsuit has been reported in various...more

Dentons

Ep. 31 – Implementing a Policy to Manage “Non-Routine” Cost-Sharing Waivers and Write-Offs

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Most healthcare providers understand that routinely waiving patient cost-sharing obligations creates compliance issues under the Anti-Kickback Statute, the Civil Monetary Penalties Law, and third-party payor agreements which...more

Foley & Lardner LLP

BIOSECURE Act: Anticipated Movement, Key Provisions, and Likely Impact

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Last night, the House of Representatives passed the BIOSECURE Act (BIOSECURE or the Act) by a bipartisan vote of 306 to 81.  The BIOSECURE Act prohibits federal agencies from procuring or obtaining any biotechnology...more

White and Williams LLP

Not a Waiver for All: Maryland Declines to Apply Subrogation Waiver to Subcontractors

In Lithko Contr., LLC v. XL Ins. Am. Inc., No. 31, Sept. Term, 2023, 2024 Md. LEXIS 256, the Supreme Court of Maryland considered whether a tenant who contracted for the construction of a large warehouse facility waived its...more

Fox Rothschild LLP

Yes, Parties Can Agree to Waive the Change of Circumstances Standard

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Typically, in order to modify support or custody/parenting time provisions in an agreement or judgment/order, the party seeking a modification must show a substantial and continuing change of circumstances. Given the goal of...more

King & Spalding

Federal Judge Vacates Regulation Excluding Section 1115 Days From DSH Formula

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On August 15, 2024, the United States District Court for the Northern District of Texas vacated a Medicare regulation excluding from the Medicare DSH payment days attributable to inpatients covered by a section 1115 waiver...more

Womble Bond Dickinson

Navigating Property Nuisance Litigation: Lessons from Satcher v. Columbia County on Injunctive Relief and Damage Awards

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In litigation underlying Satcher v. Columbia County, 2024 WL 3802370 (Ga. Aug. 13, 2024), property owners sued the County related to damage caused by their privately-owned 48-inch pipe that had been used as part of the...more

Akin Gump Strauss Hauer & Feld LLP

Autonomous Akin Update - July 2024

Our newsletter reflects the focus of Akin’s cross-practice autonomous systems and advanced mobility team on developments in the regulatory, policy, trade, intellectual property, and cybersecurity and privacy spaces....more

Smith Debnam Narron Drake Saintsing & Myers,...

Court of Appeals Confirms Partial Lien Waivers Do Not Waive Lien Rights

In a recent decision, the North Carolina Court of Appeals held that a general contractor’s execution of partial lien waivers did not prejudice a supplier’s lien rights on the construction project. The case is Atlantech...more

Hicks Johnson

Texas Supreme Court Ruling Limits Governmental Immunity in Contract Disputes

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On April 12, 2024, the Texas Supreme Court handed down two decisions clarifying its interpretation of governmental immunity and waiver under Section 271.152 of the Texas Local Government Code. Governmental units, including...more

ArentFox Schiff

Sovereign Immunity in Managed Care Litigation: Federal Court Rejects Bid by State Plan Administrator to Dismiss Provider Suit

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On July 19, the US District Court for the Northern District of Texas denied a motion to dismiss Blue Cross Blue Shield of Texas (BCBSTX), which claimed sovereign immunity in a suit brought by a group of providers. In so...more

Jackson Lewis P.C.

Prejudice Not Required: California Supreme Court Eases Standard for Waiving Arbitration Rights

Jackson Lewis P.C. on

California courts, like most federal courts, have historically held that a party does not waive its contractual right to compel arbitration unless the party opposing arbitration has been prejudiced by the moving party’s delay...more

Epstein Becker & Green

FDA Guidance on DSCSA Small Dispenser Exemption and Exemptions and Waivers for Other Trading Partners

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In June 2024, the U.S. Food and Drug Administration ("FDA") clarified, with respect to the Drug Supply Chain Security Act (“DSCSA”), that it will not extend the one-year stabilization period for the enhanced drug distribution...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash

In this issue we discuss the new Labour government’s proposals to strengthen protections for employees; an Employment Appeal Tribunal decision that affirmed that an employee’s waiver of future claims that were unknown at the...more

Obermayer Rebmann Maxwell & Hippel LLP

USCIS to Begin Accepting Applications Under its New Process to Promote the Unity and Stability of Families on August 19, 2024

In June 2024, the Biden Administration announced several immigration actions using the authority of the executive branch. Within a political landscape of stalemate on virtually all things immigration, it has not been unusual...more

Holland & Hart - Employers' Lawyers

Bridging Talent and Opportunity: How Recently Updated Guidance on INA 212(d)(3) Waivers Benefits Both Employers and DACA...

In the backdrop of uncertainties surrounding Deferred Action for Childhood Arrival (DACA) and the ongoing congressional deadlock, hundreds of thousands of DACA recipients, often referred to as ‘Dreamers’, continue to make...more

Fox Rothschild LLP

Order Invalidating Settlement Agreement Because Parties Didn’t Formally Answer Discovery is Overturned by the Appellate Division

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Wise or not, parties have a right to waive discovery from the other party and settle their matter. Sometimes, both parties have access to and/or knowledge of all of the finances. Sometimes, the rely on the parties sworn Case...more

Proskauer Rose LLP

Three Point Shot - June 2024

Proskauer Rose LLP on

A Céspedes for the Rest of Us! Ex-New York Met Has Himself a Day, Winning a Critical Preliminary Injunction, as Chandler Bats Founder Finds Himself in a Pickle - The companies of ex-MLB player Yoenis Céspedes—La Potencia,...more

White and Williams LLP

Oh, THAT Contract: Ohio Court Bars Plaintiff’s Negligence Claim Based on Subrogation Waiver and Accelerated Limitations Period in...

In Ohio Sec. Ins. Co v. Brakefire, Inc., CA. No. 5:24-cv-267, 2024 U.S. Dist. LEXIS 97606 (Brakefire), the United States District Court for the Northern District of Ohio considered whether a subrogating plaintiff’s negligence...more

Alston & Bird

California’s Advanced Clean Fleets Regulation Under Attack

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California’s ambitious zero-emission, heavy-duty truck regulations face new legal challenges. Our Environment, Land Use & Natural Resources Group outlines the status of California’s Advanced Clean Fleet (ACF) Regulation,...more

Wiley Rein LLP

FCC Grants Rare Waiver of Its Prohibition on Ownership of Top-Four TV Stations

Wiley Rein LLP on

On June 18, 2024, the Media Bureau of the Federal Communications Commission (FCC or Commission) released a Memorandum Opinion and Order (Order) granting a rare waiver of its Top-Four Prohibition to allow Marquee Broadcasting...more

Fox Rothschild LLP

Waiver Requests in Land Development: A Step Not to Be Taken Lightly

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A recent Commonwealth Court decision provides important lessons about the challenges developers face when seeking a waiver from provisions of a municipality’s subdivision and land development ordinance (SALDO). In M&D...more

Jackson Lewis P.C.

Customs and Border Protection Offers Tips to Avoid Summer Travel Delays

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To avoid delays, U.S. Customs and Border Protection (CBP) wants to remind everyone who will be traveling this summer about its technologies, including lots of mobile apps, that will help streamline the reentry process for...more

McGlinchey Stafford

Oklahoma to Require Registration of “Administrators” of Motor Vehicle Debt Waivers & Value Protection Agreements

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While it is not novel to see administrator registration requirements for vehicle service contracts or other vehicle protection products, Oklahoma recently enacted SB 541 which now requires the registration of debt waiver...more

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