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2021 Predictions: What’s on the Horizon for Construction?
Shoosmiths LLP, January 2021

The outlook for the year ahead is uncertain with the effects of post-Brexit rules to contend with and COVID-19 continuing to restrict the way we live and work. We look at what the year may have in store for the construction industry. COVID-19 There is no doubt that the pandemic has caused challenges for the construction industry and is likely to have a significant impact into 2021...

21st Century Cures Act Holds Promise for Seniors and Senior Care Providers
Hanson Bridgett LLP, January 2017

As the American press focuses on the dismantling of the Affordable Care Act, the wheels have been set in motion to implement new health care legislation that enjoys strong bipartisan support. The 21st Century Cures Act (the “Act”), signed by President Obama on December 13, addresses a broad range of health care priorities, including drug innovation, biomedical research, and mental health reform...

24 Pennsylvania Counties Selected to Start the Reopening Process on May 8
Spilman Thomas & Battle, PLLC, May 2020

Governor Wolf announced that 24 Pennsylvania counties will move from the red phase to the yellow phase of the reopening plan beginning at 12:01 a.m. Friday, May 8. The 24 counties announced today are: Bradford, Cameron, Centre, Clarion, Clearfield, Clinton, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, Lycoming, McKean, Mercer, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, Union, Venango and Warren...

2nd Circ. Favors Appellees Under Equitable Mootness
Hunton Andrews Kurth LLP, October 2012

On Aug. 31, 2012, the United States Court of Appeals for the Second Circuit issued its decision in In re Charter Communications Inc., (2d Cir. Aug. 31, 2012), expressly adopting an abuse of discretion standard for reviewing equitable mootness determinations...

2nd Circuit Holds Federal Banks Are Government Entities For FCA Purposes, Revives Qui Tam Suit Against Wells Fargo
Dinsmore & Shohl LLP, February 2020

The False Claims Act (FCA) was enacted to punish and deter fraud against the United States, and to recover moneys obtained through such fraud. Whether an alleged fraud was actually against the United States is a threshold question not posed in the typical FCA case, where allegations usually involve claims for payment submitted to the Army, Navy, Medicare, or other entity clearly part of the federal government. But some cases are not so clear...

3 Cannabis Legislation Predictions Ahead of the 2020 Election
Bradley Arant Boult Cummings LLP, July 2020

The glacial pace at which the federal government has implemented cannabis policy–particularly in light of the rapid evolution of cannabis laws at the state level–is at the same time predictable and frustrating to those seeking a measure of certainty...

3 Ways To Trim Self-Inflicted Harm in Internal Probes
Hunton Andrews Kurth LLP, August 2015

When not conducted carefully, internal investigations cancause more harm than good. Deciding to investigate a suspected problem is onlythe first of several key determinations. The responsible executive must planand execute the investigation deliberately to avoid self-inflicted harm. Anorganization can protect itself—while still conducting an investigation that isconfidential, full and fair—only by carefully thinking about how best touncover the alleged wrongdoing or compliance issues...

32 Years' Service Does not Provide Immunity from Dismissal for Poor Performance
Shearn Delamore & Co., June 2020

In the recent decision of Abdul Malek Bin Mohamed v MISC Bhd dated 17 June 2020 [Award 840 of 2020], the Industrial Court recognised that the tenure of service of an employee in an organisation does not shield the employee from having to render satisfactory performance at the level required by the Company. The Industrial Court upheld the dismissal of an employee for poor performance after 32 years of service...

340B COVID-19 Updates: HRSA COVID-19 Resources and Regulatory Flexibility
Dinsmore & Shohl LLP, March 2020

As U.S. hospitals and health clinics continue preparing for novel coronavirus (COVID-19) patient surges, federal regulatory agencies are developing resources to help health care providers comply with myriad regulatory requirements. In this context, the U.S...

340B Drug Ceiling Prices Now Available
Dinsmore & Shohl LLP, April 2019

On April 1, 2019, the Health Resources and Services Administration (HRSA) launched a secure website that lists the maximum price drug manufacturers may charge 340B-covered entities for 340B-eligible drug purchases (the 340B Ceiling Price Site).  Drug manufacturers and 340B-covered entities may access the 340B Ceiling Price Site through their HRSA Office of Pharmacy Affairs information system (the 340B OPAIS) account here: https://340bopais.hrsa...

340B Providers Get Partial Relief from New Dispute Resolution Regulation
Verrill, December 2020

1. 340B ADR Process Established At long last, more than ten years after Congress directed it to do so, HHS has finalized an alternative dispute resolution (“ADR”) process for both providers and pharmaceutical manufacturers participating in the 340B Program. 85 Federal Register 80632 (Dec. 14, 2020), available at https://www.govinfo.gov/content/pkg/FR-2020-12-14/pdf/2020-27440.pdf (“ADR Rule”)...

5 Arbitration Assumptions That Aren't Always True
Hunton Andrews Kurth LLP, August 2013

Arbitration is often thought to be preferable to litigating in court, and in some circumstances, it may be. Deciding to arbitrate, however, should be the result of a careful analysis of arbitration’s benefits and disadvantages. That analysis requires examining some common perceptions about arbitration. Below, we explore five of the most common assumptions about arbitration and suggest some practical considerations...

5 Key Bid Protest Decisions Of 2020
Bradley Arant Boult Cummings LLP, December 2020

In 2020, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims, and the U.S. Government Accountability Office issued five decisions worthy of particular note: Inserso Corp. v. U.S.[1] Teledyne Brown Engineering Inc.[2] Kiewit Infrastructure West Co. v. U.S.[3] LAX Electronics Inc. v. U.S.[4] Centerra Integrated Facilities Services LLC...

5 of the Biggest Myths About GDPR Data Protection - and Why You Shouldn't Believe Them
Waller, March 2018

You may have heard something about GDPR lately and thought "Why should I care? It probably won't affect me or my business.” In reality, the implications of GDPR are far-reaching. The European Union’s General Data Protection Regulation (GDPR) is a set of regulations strengthening data privacy and protection laws for residents of the EU. The regulations take effect in just two months: May 25, to be exact...

60% Is Not a Cliff, Indeed
Verrill, June 2020

On June 11, the Small Business Administration (SBA) and the Treasury Department published important guidance that the revised 60% condition under the Paycheck Protection Program Flexibility Act will be applied proportionately, and not as a cliff. Background. The CARES Act, enacted on March 27, authorized loans to a wide range of small businesses in an amount equal to 2.5 months of prior year payroll costs (as defined)...

9th Circuit Skeptical of Government Interlocutory Appeal of Unprecedented Denial of Motion to Dismiss Qui Tam Case
Dinsmore & Shohl LLP, December 2019

In United States v. United States ex rel. Thrower, No. 18-16408, on November 14, a panel of the Ninth Circuit gave a skeptical reception to the Department of Justice (DOJ) argument that the district court’s denial of the government’s motion to dismiss a False Claims Act (FCA) qui tam complaint against Academy Mortgage Corporation (Academy) invaded the government’s “prosecutorial discretion...

A 2020 Pennsylvania Legislative Update
Spilman Thomas & Battle, PLLC, August 2020

When the 2019-2020 legislative session began, no one could have predicted what challenges Pennsylvania and the General Assembly would encounter with the outbreak of COVID-19. The rules changed to permit remote voting, and the plan for the session shifted to a focus on the response to COVID-19. The 12-month budget was replaced with a five-month budget to allow additional time to assess the financial damage...

A Case to Watch: Brayman v. Westfield Insurance
Spilman Thomas & Battle, PLLC, May 2019

Pennsylvania law suggests construction defects generally are not considered an "occurrence" under most CGL insurance policies because defects are not true accidents, e.g., a fortuitous event. However, an exception generally exists for products-related claims as opposed to pure defect claims...

A Closer Look At First-Action Allowance For Patents
Dinsmore & Shohl LLP, April 2014

  Clients unfamiliar with patent prosecution are often surprised to learn that few patent applications receive a first-action allowance, or FAA. There are even rankings of law firms that receive the most FAAs each year. But what does an FAA signify? Is it a cause to celebrate, or to conduct a post-mortem? The answer is, of course, “it depends...

A Closer Look at Payment Orders under the UAE Civil Procedure Law
Afridi & Angell, June 2019

Several significant changes to the UAE Civil Procedure Law (Federal Law No. 11 of 1992 as amended) came into effect in February this year. An overview of these changes, brought about by Regulations promulgated pursuant to Decree by Law No 10 of 2017 and Cabinet Resolution No. 57 of 2018 (the Regulations) can be found in our inBrief of 12 February 2019...

A Compendium of Qualified Opportunity Zone Proposed Regulations
Hanson Bridgett LLP, May 2019

 Article PDF   On April 17, 2019, the Treasury Department released a second round of proposed regulations (the "4/19 Regulations") providing additional guidance on the implementation of the Opportunity Zone (“OZ”) tax incentive included in the Tax Cuts and Jobs Act. The 4/19 Regulations are taxpayer-friendly and expand upon (but in some cases modify) the guidance provided in the initial proposed regulations released on October 19, 2018 (the "10/18 Regulations")...

A Compendium of Qualified Opportunity Zone Proposed Regulations:
Hanson Bridgett LLP, May 2019

 Article PDF   On April 17, 2019, the Treasury Department released a second round of proposed regulations (the "4/19 Regulations") providing additional guidance on the implementation of the Opportunity Zone (“OZ”) tax incentive included in the Tax Cuts and Jobs Act. The 4/19 Regulations are taxpayer-friendly and expand upon (but in some cases modify) the guidance provided in the initial proposed regulations released on October 19, 2018 (the "10/18 Regulations")...

A Crash Course in What's New in the US Department of Labors Temporary FFCRA Regulations
Waller, April 2020

On April 1, 2020—the effective date of the Families First Coronavirus Response Act (FFCRA)—the U.S. Department of Labor (DOL) issued temporary regulations to interpret and enforce the landmark legislation passed by Congress “to assist working families facing public health emergencies” arising out of the COVID-19 pandemic...

A Framework Emerges - Recent Developments in the Law of Intentional Economic Torts
Lawson Lundell LLP, May 2013

Economic torts provide relief in relation to intentional interference with economic interests. This collection of torts can be divided into two categories: deceptive market practices and improper market practices. This paper concerns itself exclusively with the latter, examining the torts of inducing breach of contract, unlawful interference with economic interests and civil conspiracy...

A Future-Ready Justice System for Singapore
TSMP Law Corporation, November 2018

While the motivation behind the Civil Justice Commission’s consultation paper – aimed at enhancing the Court system – is laudable, the proposed introduction of litigation scale costs may hurt Singapore’s standing as a global litigation hub. In 2015, the Chief Justice established the Civil Justice Commission (CJC) to review Singapore’s civil justice system, with the goal of transforming and modernising the litigation process...

 

 

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