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Haynes and Boone, LLP | November 2002

In our October 22, 2002 Alert, we discussed the importance of the new compliance history rules of the Texas Commission on Environmental Quality (“TCEQ”). Basically, a company’s compliance history will affect permitting, availability of innovative programs, and enforcement, including unannounced inspections. Be alert that the TCEQ compliance history rules ignore traditional distinctions between mergers and assets acquisitions involving successor liability ...

Haynes and Boone, LLP | November 2002

In our October 22, 2002 Alert, we discussed the importance of the new compliance history rules of the Texas Commission on Environmental Quality (“TCEQ”). Basically, a company’s compliance history will affect permitting, availability of innovative programs, and enforcement, including unannounced inspections. Be alert that the TCEQ compliance history rules ignore traditional distinctions between mergers and assets acquisitions involving successor liability ...

Haynes and Boone, LLP | October 2002

The recent accounting frauds and corporate scandals have many in-house counsel, as well as directors and officers, re-examining their responsibilities, obligations, and potential liabilities. New legislation, SEC regulations, stock exchange listing standards and public, media and shareholder scrutiny are imposing new or expanded processes for corporate accountability, financial reporting and business practices ...

Haynes and Boone, LLP | October 2002

Introduction Although companies may understand the importance of protecting their original ideas, many of them do not know how to do so most effectively. Without an effective intellectual property management system, such companies may be squandering business opportunities and allowing competitors to misappropriate their intangible assets. An intellectual property (IP) audit is a necessary first step for all companies interested in evaluating and maximizing their IP assets ...

Haynes and Boone, LLP | September 2002

A PowerPoint presentationcovering the following: Senate Report on Board's Role in Enron's Collapse Typical Accounting Allegations Reasons for Restatements 1997-2000 Securities Suit Catalysts Messages to the Market... ...

Haynes and Boone, LLP | September 2002

Approaching Compliance with Privacy Regulations Under the Health Insurance Portability and Accountability Act of 1996, including Final Modifications In 1996, Congress passed the Health Insurance Portability and Accountability Act (“HIPAA”). In 2000, the Department of Health and Human Services issued final regulations under HIPAA establishing privacy standards for certain individually identifiable health information ...

Haynes and Boone, LLP | September 2002

Appeared in Lone Star Express, a puclication of the Lone Star Chapter of the Healthcare Financial Management Association, September 2002. The recent reports of corporate fraud, improper accounting practices, and mismanagement have resulted in new legislation and stock exchange standards for publicly-traded corporations. In order to restore confidence in the nation’s financial markets, President George W ...

Haynes and Boone, LLP | August 2002

Issued December 28, 2000 as Modified by the Final Regulations Issued on August 14, 2002

Haynes and Boone, LLP | August 2002

HIPAA Privacy Primer for Group Health Plans The HIPAA Privacy regulations will apply to group health plans beginning on April 14, 2003. The HIPAA Privacy regulations require changes in group health plan contracts and operations and impact the entire organization sponsoring the group health plan ...

Haynes and Boone, LLP | August 2002

Our Approach Haynes and Boone, LLP believes employers should determine the degree to which outside assistance is required in meeting their obligations under HIPAA’s privacy rules. Some groups are offering, at substantial fixed fees, turnkey packages for HIPAA privacy compliance. We do not think, however, that is the most efficient or economical way for many employers to address their responsibilities under the privacy rules ...

American Bar Association Section of Taxation - May Meeting This paper summarizes the HIPAA privacy regulations as modified by the March 27, 2002 proposed modifications. It particularly looks at the responsibilities of a group health plan and its plan sponsor under the regulations ...

1. APPLICATIONS FOR THE MACT HAMMER PERMIT DUE MAY 15, 2002 Section 112(j) of the federal Clean Air Act requires that major sources of hazardous air pollutants (HAP) submit an application for a Title V Operating Permit Revision if the source is a member of a source category for which the federal Environmental Protection Agency (EPA) has not adopted a Maximum Achievable Control Technology (MACT) standard within 18 months after the deadline for development of that standard ...

Haynes and Boone, LLP | March 2002

If you are a building owner planning any renovation or demolition, under a new Texas law, you must demonstrate that you have an asbestos survey before your city will issue a building permit for the project. Asbestos surveys by licensed asbestos inspectors have been a requirement for public buildings for some time; the new statute is intended to publicize and enforce that requirement. Each city has its own requirements for what must be shown to get a permit ...

Haynes and Boone, LLP | February 2002

On January 9, 2002, in Chao v. Mallard Bay Drilling, Inc., the United States Supreme Court concluded that the Occupational Safety and Health Administration's ("OSHA") authority to maintain workplace safety for "uninspected" vessels (such as offshore drilling rigs) is not pre-empted by the Coast Guard's power to control maritime operations ...

Haynes and Boone, LLP | January 2002

On January 11, 2002, President Bush signed the “Small Business Liability Relief and Brownfields Revitalization Act” (the “Act”). As its name suggests, the Act provides relief to small businesses and funding for Brownfields (“real property, the expansion, re-development, or re-use of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant”) ...

Haynes and Boone, LLP | January 2002

On January 23, the Internal Revenue Service published its long-awaited final rule on intermediate sanctions in the Federal Register. Proposed regulations were published in 1998, followed by temporary and proposed regulations in January 2001. The rule implements the excise taxes on excess benefit transactions under Section 4958 of the Internal Revenue Code, which was enacted by the Taxpayer Bill of Rights ...

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