Opinions

April 13, 2017

Legal Forms

Legal Forms On October 29, 2015, CMS issued its Final Rule setting forth waivers of the application of the physician self-referral law (the Stark law), the Federal anti-kickback statute (AKS), and the civil monetary penalties (CMP) law provision relating to beneficiary inducements, to specified accountable care organizations (ACOs) arrangements under section 1899 of the Social […]

Opinions
April 8, 2017

Immigration Update: H-1B Cap FY2017 and Aftermath Adjudicating the L-1A Functional Manager Petition Requires Thought on Role Inside the Wider Qualifying Worldwide Organization

Immigration Update: H-1B Cap FY2017 and Aftermath Adjudicating the L-1A Functional Manager Petition Requires Thought on Role Inside the Wider Qualifying Worldwide Organization H-1B Cap FY2017 and Aftermath The USCIS received greater than 236,000 H-1B petitions in this year’s FY2017 filing period for that annual way to obtain 85,000 new H-1B visas (65,000 for normal […]

Opinions
April 7, 2017

Manatt on Health Reform: Weekly Highlights – July 2015 #4

Manatt on Health Reform: Weekly Highlights – July 2015 #4 CMS offers a special enrollment period for HealthCare.gov enrollees whose incomes were miscalculated due to system error; California Marketplace announces two new insurers; and Connecticut’s budget reduces eligibility levels for Medicaid parents. FEDERAL WAIVER ACTIVITY: CMS Announces New Fast Track Review for 1115 Waiver Extensions […]

Opinions
April 6, 2017

“Warrant Canaries” More and more A Part Of Tech Companies’ Repertoire

“Warrant Canaries” More and more A Part Of Tech Companies’ Repertoire In 2001, using the passage of america PATRIOT Act, Congress expanded the government government’s capability to issue National Security Letters (“NSLs”) to firms that have information highly relevant to counter-intelligence or terrorism investigations. NSLs frequently incorporate a nondisclosure provision stopping the recipient from disclosing […]

Opinions
April 5, 2017

Property Reserve Situation Looking for Dental Argument

Property Reserve Situation Looking for Dental Argument The California Supreme Court announced today that the Property Reserve case will be heard on May 3, 2016, at 9:00 a.m. in San Francisco.  (I’m assuming this is not an April Fool’s joke, since eminent domain attorneys have been awaiting this for a long time now.) A Legal Court […]

Opinions
April 5, 2017

Not All Recapitalizations Are Tax-Free

Not All Recapitalizations Are Tax-Free Code Section 368(a)(1)(E) generally allows a corporation to rejigger its debt and equity structure and then swap old interests for new interests with its stock and security holders, with no gain or loss to the current owners. A recent Legal Advice by Field Attorneys demonstrates an important limit to such […]

Opinions
April 3, 2017

NAIC Adopts Roadmap for Cybersecurity Consumer Protections

NAIC Adopts Roadmap for Cybersecurity Consumer Protections On December 17, the National Association of Insurance Commissioners (NAIC) adopted a Roadmap for Cybersecurity Consumer Protections. Except for a new name and new introduction, the Cybersecurity Roadmap is identical to the Cybersecurity Bill of Rights that was adopted by the NAIC Cybersecurity Task Force in October. The […]

Opinions
March 26, 2017

Receiving the Benefit of the Bargain: Reconciling Judge King’s Class Certification Rulings in Forcellati and Caldera

Receiving the Benefit of the Bargain: Reconciling Judge King’s Class Certification Rulings in Forcellati and Caldera Within one week’s time, Judge George H. King, Chief Judge of the U.S. District Court for the Central District of California, came down on opposite sides of the class certification coin, granting class certification in Forcellati v. Hyland’s, Inc., […]

Opinions
March 25, 2017

A Snapshot of University Patent Litigation

A Snapshot of University Patent Litigation Today’s blog is written by guest author Pedram Sameni, the CEO and Founder of Paxtexia. The views expressed are solely those of the contributing author. As patent litigation overall has grown rapidly since 2010, the industry has also seen a shift in some traditionally litigation averse players. University tech […]

Opinions