Insights

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May 27, 2015 | Statute of Repose in Construction Cases Clear as Mud if Owner Does Not Pay

By Tom Wert, Board Certified Specialist – Construction Law On May 8, 2015, a Florida appellate court held that § 95.11 (3) (c) Florida Statutes, which establishes the statute of repose in construction cases, clearly and unambiguously provides that...

May 19, 2015 | Tibble v. Edison International - Must ERISA Fiduciaries Re-Consider Past Actions to Avoid an Extended Period of Limitations for Breach of Fiduciary Duty Claims?

On May 18, 2015, in Tibble v. Edison International, the U.S. Supreme Court unanimously vacated and remanded a Ninth Circuit decision that breach of fiduciary duty claims made by the participants and beneficiaries of the Edison 401(k) Savings Plan (th...

May 18, 2015 | Amount of Damages for Loss of Use in Construction Cases Does Not Need to be Established with Absolute Certainty

By Tom Wert, Board Certified Specialist – Construction Law Recently, a Florida appellate court weighed in on the kind of evidence necessary to prove loss of use damages on a construction project as a result of delays caused by an architect’s defec...

May 15, 2015 | Identity Theft through Breach of Third-Party Vendor Systems on the Rise

Many companies outsource portions of their business activity to outside vendors, including tasks such as payroll, mail-order or online purchasing, credit card processing, and a multitude of other functions. However, third-party vendors are an increas...

May 12, 2015 | The Word is Out: HIPAA Audits are set to Recommence Soon

The Health & Human Services’ Office for Civil Rights (OCR) is now gearing up for the second round of HIPAA compliance audits this year. Covered healthcare entities and their business associates (BAs) are advised that the audits are expected to focus...

May 11, 2015 | Compounded Drugs Marketed to TRICARE Beneficiaries Undergoing Close Examination by Federal Investigators

Ongoing investigations by both the Department of Defense (DOD) and a major U.S. media organization allege that suspicious marketing and prescribing activities have led to astronomical increases in TRICARE costs for compounded medications. According t...

May 6, 2015 | FAA Launches Commercial Drone "Pathfinder" Program

In our February 16, 2015 client alert titled “FAA Proposes New Rules on Commercial Drones,” we noted that the Federal Aviation Administration (the “FAA”) had proposed rules requiring, among other things, that all commercial drones must fly within t...

May 4, 2015 | TransVantage Bankruptcy Leads to Multiple Lawsuits against Motor Carriers

A Bankruptcy Trustee in New Jersey has filed lawsuits against numerous motor carriers to recover payments that were made by TransVantage Group or related entities for delivery and other transportation services provided over a 10-year period. The l...

Apr 22, 2015 | Equal Employment Opportunity Commission Issues Proposed Regulations on Wellness Programs and the Americans with Disabilities Act

Corporate wellness programs, which typically use financial or other incentives to encourage workers to participate in wellness programs, have surged in popularity over the last several years, spurred on by companies seeking ways to lower healthcare c...

Apr 21, 2015 | Department of Labor Proposed Fiduciary Rule Revises and Updates the Regulation of Investment Advice to Plans and IRAs

By David C. Strosnider On April 14, 2015, the Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking (“Notice”) that, if adopted, would have a significant impact on persons who provide “investment advice” to an employee benefit plan (“...

Apr 10, 2015 | Aetna Fined $1 Million for Misleading Pharmacy Benefit Customers

Late last week, the Centers for Medicare & Medicaid Services (CMS) issued a Notice of Imposition of Civil Money Penalty to Aetna to the tune of $1 million for erroneously identifying nearly 7,000 non-network retail pharmacies as “retail in-network” f...

Apr 8, 2015 | FDIC Promotes a Risk-Based Approach for Banks

The FDIC recently provided guidance that encouraged financial institutions to take a risk-based approach in assessing individual customer relationships rather than declining to provide banking services to entire categories of customers, without regar...

Apr 1, 2015 | President Obama Vetoes Senate Attempt to Kill New "Ambush Election" Rule

On Tuesday, President Barack Obama used just the fourth veto of his presidency to block a Senate joint resolution that would have killed the new National Labor Relations Board’s “Ambush Elections” rule providing for, among other things, speedier unio...

Mar 25, 2015 | Pregnancy Discrimination Case against UPS is Revived

The U.S. Supreme Court issued a decision today that revived a female driver’s case against UPS which alleged that the company violated the Pregnancy Discrimination Act when it failed to offer light duty work to her after her physician advised her tha...

Mar 16, 2015 | FINAL COUNTDOWN…Less than One Month to Prepare for Ambush Elections

The most significant changes to federal labor law in the past 50 years are set to take effect on April 14, 2015. President Obama has promised to veto any attempt by Congress to stop it, and Congress does not have enough votes to override the veto. Al...

Mar 12, 2015 | Cuyahoga County Judge Strikes Down Workers' Comp Statute as Unconstitutional, Hinders Employers Challenging Claims in Court

The Cuyahoga County Court of Common Pleas recently made it more difficult for Ohio employers to challenge workers’ compensation claims in court. In Shannon Ferguson v. State of Ohio, the court ruled the Ohio statute prohibiting a claimant from volu...

Mar 10, 2015 | Foreign Corrupt Practices Act: FBI Increasing Resources to Fight Corruption

Department of Justice (DOJ) officials at the ABA White Collar Conference last week in New Orleans confirmed DOJ’s expanding commitment to investigating and prosecuting violations of the Foreign Corrupt Practices Act. Officials announced that the FBI...

Mar 9, 2015 | Home Healthcare Worker Violates HIPAA and Steals Protected Health Information: Due Diligence of Employees and Mandated Criminal Background Checks

In Lee County, Florida, a home healthcare nurse stands accused of stealing from her elderly patients. Police investigators say that the nurse opened fraudulent credit card accounts under the names of at least eight of her patients. Computer and trans...

Mar 6, 2015 | Cyber Preparedness: Corporate Boards and Officers Need to Manage the Risk of Cyber Attacks

In the now infamous hack of Sony’s computer systems in the fall of 2014, investigators estimated that nearly 100 terabytes of data were stolen. Sony joined a crowd of other well-known cyber attack victims like JPMorgan Chase and Home Depot, both of w...

Mar 2, 2015 | International Law Enforcement Efforts Demonstrate Success in Australian Foreign Bribery Arrests

A coalition of international law enforcement investigators continues to employ anti-bribery statutes to combat fraud by individuals with ties to terrorist groups. After a series of raids in Sydney, Australia, last week, the Australian Federal Poli...

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