Insights

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May 18, 2017 | Delaware Court of Chancery Focuses on Fiduciary Duty of Directors Appointed by Preferred Stockholders

In a recent Delaware Court of Chancery opinion filed April 14, 2017 in The Frederick Hsu Living Trust v. ODN Holding Corporation, the court held that it may be a breach of the directors’ fiduciary duty to cause the corporation to sell off parts of it...

May 10, 2017 | Center for Medicare and Medicaid Services Proposes Delay of Implementation of New Home Health Agency Rules

On January 13, 2017, the Center for Medicare and Medicaid Services (CMS) issued a final rule relating to a series of changes for conditions to participation in Medicare and Medicaid by home health agencies (HHAs). At the time of issuance in January 2...

May 8, 2017 | American Medical Association to Tackle Texting with Patients

This June, the American Medical Association (AMA) House of Delegates will take up the issue of patient-physician texting at its annual meeting. With respect to physician-patient communications, the AMA has already issued guidelines for physicians on...

May 3, 2017 | R.I.P. to Brick-and-Mortar Stores in India

It is a millennial world – and with that comes the ability to do almost anything online. This is not a surprise to most Americans, as many well-known American clothing retailers have fallen prey to the rise of e-commerce. However, what may come as a...

Apr 28, 2017 | White House Announces Tax Reform Proposals

On April 26, 2017, the White House distributed a one-page outline of its tax reform proposals entitled “2017 Tax Reform for Economic Growth and American Jobs” (Outline).  The reforms in the Outline are set forth in general terms and are divided into...

Apr 18, 2017 | FBI Warning on Cybercriminals Targeting FTP Servers to Compromise Protected Health Information

In March 2017, the Federal Bureau of Investigation (FBI) issued a Private Industry Notice (Notice) advising that the FBI is aware that cybercriminals are actively targeting File Transfer Protocol (FTP) servers in “anonymous” mode, which are associate...

Apr 5, 2017 | Federal Appeals Court Rules Civil Rights Act Protects LGBT Employees

A federal appeals court ruled on Tuesday that Title VII of the Civil Rights Act of 1964 prohibits job discrimination against gay, lesbian, bisexual, and transgender employees. The decision, by the United States Court of Appeals for the Seventh Circui...

Mar 24, 2017 | Disclosure Only Settlements - the Effect of Choice of Law

The Delaware Courts took a significant step in 2016 to reduce the filing in Delaware of lawsuits aimed at procuring disclosure only settlements (meaning settlements that involve only the provision of additional information surrounding a proposed sale...

Mar 23, 2017 | House Preparing to Vote on Repeal and Replace of Patient Protection and Affordable Care Act

Following the introduction of proposed legislation on March 6, 2017 to repeal and replace certain portions of the Patient Protection and Affordable Care Act (ACA) and Manager’s Amendments on March 20, 2017, the House Rules Committee met on March 22,...

Mar 13, 2017 | Second Time's a Charm?

Last Monday, President Trump signed a new Executive Order (Order) banning citizens of six predominantly Muslim countries from entering the United States. This ban includes citizens from Sudan, Syria, Iran, Libya, Somalia, and Yemen. The new Order goe...

Mar 10, 2017 | Prior Felony Convictions May No Longer Permanently Prevent Professional Licensure

A felony conviction can prohibit an individual from obtaining or maintaining a professional license to practice in the health care field. In an effort to minimize the impact of prior felony convictions on a person’s ability to obtain professional lic...

Feb 28, 2017 | Charging for Medical Records Can Cost You

Health care providers often are unaware of federal laws that regulate the process by which they charge patients for copies of medical records. Many providers incorrectly assume that only the law of the state in which the provider practices is relevan...

Feb 28, 2017 | Expanded Concealed Carry Rights for Employees Go Into Effect on March 20, 2017

Ohio legislation expanding concealed carry laws will take effect on March 20, 2017. In December of last year, Governor Kasich signed into law Senate Bill 199, which allows employees with a valid concealed carry license to store a firearm on the emplo...

Feb 24, 2017 | New Filing Procedures in the Second District Court of Appeal

If you have recently filed appeals in both the Second District Court of Appeal and in one of Florida’s other district courts, then you know that the appellate courts have been using two different filing portals since e-filing became required. The Sec...

Feb 20, 2017 | IRS Announces Proposed Partnership Audit Regulations Which Impact Limited Liability Companies and Partnerships

The Internal Revenue Service (IRS) has released Proposed Regulations under Section 1101 of the Bipartisan Budget Act of 2015 (BBA), which provide that for tax years beginning after December 31, 2017, all entities taxable as partnerships (including li...

Feb 17, 2017 | Alex Acosta Nominated for Secretary of Labor Position After Withdrawal of Andrew Puzder From Consideration

Secretary of Labor Nominee Andrew Puzder withdrew his name from consideration on February 15, 2017, capping weeks of speculation, as well as significant criticism from several different sectors related to his company’s treatment of its employees, his...

Feb 15, 2017 | Technical Noncompliance with HIPAA Can Lead to Big Penalties

As discussed in prior client alerts, the Office of Civil Rights (OCR), the agency charged with HIPAA enforcement, has increased HIPAA compliance initiatives in recent months and is poised to continue its enforcement activities throughout 2017. If rec...

Feb 15, 2017 | UPDATE: US Patent & Trademark Office Issues New Trademark Use Rule (Delayed until March 21, 2017)

ALERT UPDATE: The US Patent & Trademark Office (USPTO) planned to implement an auditing program on February 17, 2017, which would introduce new requirements for declarations of use filed pursuant to Sections 8 or 71 of the Trademark Act. Now, the USP...

Feb 14, 2017 | Reminder: Cigar Warning Statements and Warning Plans

The Deeming Regulations enacted by the Food and Drug Administration (FDA) on May 10, 2016, expanded the agency’s tobacco regulatory authority to cigars and certain other tobacco products. Among the regulatory provisions made applicable to cigars, wer...

Feb 10, 2017 | UPDATE: Trump's Immigration Executive Order, Refused by Ninth Circuit Court of Appeals

Late yesterday, the Ninth Circuit Court of Appeals refused to reinstate President Donald Trump’s immigration Executive Order (Order) which suspended the entry of aliens from seven countries into the United States for 90 days. This ruling focused only...

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