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May 24, 2013
HHS Evades Urologist Group's Suit Over Medicare Law
A Washington, D.C., federal judge on Friday threw out a lawsuit by the Council for Urological Interests over changes in the Medicare law designed to prevent doctors from profiting from self-referrals, ruling that the U.S. government's updated restrictions on the practice were reasonably interpreted under existing federal law.
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May 24, 2013
Pa. Appeals Court Affirms Block On Single-Source EMS Law
A Pennsylvania appeals court on Thursday upheld an injunction preventing an Erie County town from enforcing an ordinance naming a sole emergency medical care provider and blocking competitors from offering alternative ambulance services, ruling that the law unconstitutionally infringed companies' right to do business.
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May 23, 2013
El Paso Domestic Partner Benefits Get Texas Court's OK
A Texas state judge on Tuesday denied a bid to have an El Paso County ordinance that provides health benefits to its employees’ domestic partners declared unconstitutional and blocked an injunction request that would have immediately barred the county from paying out the benefits.
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May 23, 2013
Ex-Goldman Banker Settles SEC Pay-To-Play Case
A former Goldman Sachs & Co. investment banker has agreed to pay $100,000 to settle claims that his work on the gubernatorial campaign of a Massachusetts state treasurer scored the firm lucrative municipal underwriting business, the U.S. Securities and Exchange Commission said Thursday.
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May 23, 2013
9th Circ. Upsets Union's Win Against Idaho Right-To-Work Law
The Ninth Circuit on Wednesday overturned a labor union's successful challenge to Idaho's recent expansion of its right-to-work law, ruling the district court needed to determine whether the state's attorney general had authority to enforce the statutes before the case could proceed.
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May 21, 2013
Nationwide Mortgage Settlement Nets Over $50B In Relief
The five largest U.S. mortgage servicers have provided over $50 billion in relief to over 620,000 homeowners under last year's national mortgage settlement, according to an update released Tuesday by the federal monitor overseeing the settlement.
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May 21, 2013
Pa. Appeals Court Pares Hospitals' Medicaid Rates Suit
A Pennsylvania appeals court on Monday pared down claims in a suit alleging the state Department of Public Welfare improperly authorized the Hospital & Healthsystem Association of Pennsylvania to set hospital and provider Medicaid rates with managed care organizations that stripped hospitals of any negotiating power.
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May 21, 2013
5th Circ. Upholds Texas' Under-21 Concealed Gun Ban
The Fifth Circuit on Monday struck the National Rifle Association of America's challenge against a Texas law that bars 18- to 20-year-olds from carrying concealed handguns in public, saying it doesn't violate the Second Amendment because Texas has an important interest in maintaining public safety.
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May 20, 2013
Agencies Deserve Deference On Jurisdiction, Justices Say
The U.S. Supreme Court ruled Monday that courts should apply a deferential standard of review toward a federal agency's definition of its own jurisdiction, siding with the Federal Communications Commission in a fight with local government agencies over zoning rules for wireless facilities.
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May 17, 2013
Fla. High Court Says City Can't Give Its Lien Superpriority
The Florida Supreme Court on Thursday affirmed a lower court's decision that Palm Bay, Fla., could not give its municipal code enforcement liens a superpriority status over a mortgage held by Wells Fargo Bank NA because it conflicts with state law.
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May 17, 2013
Enviro Group Loses Challenge To EPA Permit Regulation
A Washington, D.C., federal judge on Thursday axed the National Wildlife Federation's Administrative Procedure Act suit against the U.S. Environmental Protection Agency challenging a regulation governing some water discharge permits, finding the group had not pointed to a final agency action that applied the regulation.
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May 16, 2013
Fla. Supreme Court Upholds Birth Injury Compensation Plan
The Florida Supreme Court ruled Thursday that a state program providing set compensation to families of infants who sustain birth-related neurological injuries is constitutional, rejecting claims by an injured girl's parents that it violates equal protection and access to courts rights.
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May 16, 2013
NYC Found Liable For Crane Collapse Under Labor Law
In the latest in a string of decisions related to New York's controversial “Scaffold Law,” a supreme court judge ruled Tuesday that the city can't escape liability for damage caused by a 2008 crane collapse on the Upper East Side, despite having transferred ownership of the property to another entity.
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May 15, 2013
HHS Wins Challenge To Styrene's Listing In Cancer Report
A Washington federal judge Wednesday upheld a decision by the U.S. Department of Health and Human Services to include styrene on a list of cancer-causing substances, rejecting a challenge by producers of the chemical.
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May 14, 2013
NJ Blocked From Seizing $140M In Housing Funds
A New Jersey appeals court on Monday blocked the state from taking some $140 million from municipal affordable housing trust funds after fair housing advocates argued the measure would siphon money from the state’s low-income and disabled residents and Hurricane Sandy victims.
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May 10, 2013
Fla. Appeals Court Axes Gambling Permit Conversions
A Florida appeals court on Friday struck down a 2010 state law allowing certain gambling facilities to change their jai-alai permit to a greyhound permit, saying it “is a special law unconstitutionally enacted in the guise of a general law.”
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May 10, 2013
GAO Sides With Protest Of Nuclear Weapons Security Contract
The U.S. Government Accountability Office has partly sustained two companies’ protests of a $23 billion government contract awarded to Consolidated Nuclear Security LLC for maintenance and protection of the nation's nuclear weapons, according to a decision made public Thursday.
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May 9, 2013
Fla. Court Revives Enviros' Petition Over Marsh Dumping Plan
A Florida appeals court on Thursday rebuffed a state environmental agency for throwing out the petition of two environmental groups seeking to prevent a marsh from being filled with millions of pounds of sand, saying improper materials were considered in tossing a request for administrative review.
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May 9, 2013
Mich. Can Bar Schools From Collecting Union Dues: 6th Circ.
The Sixth Circuit on Thursday gave Michigan the green light to block public schools from deducting union dues from employees’ payroll, finding the law doesn't violate the First Amendment because the Constitution guarantees only free speech, not the use of government processes to collect funds for that speech.
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May 9, 2013
Inventor Loses Challenge To First-To-File Patent System
A Florida federal judge on Wednesday dismissed a suit alleging that it was unconstitutional for the U.S. to change to a first-to-file patent system, ruling that the inventor challenging the switch lacked standing to sue.
Expert Analysis
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Decimalization Revisited: Does Every Penny Count?
Since 2001, "decimalization" has drawn much criticism for not only failing to bring about the benefits expected by the U.S. Securities and Exchange Commission, but also for purportedly decimating the economic incentive to trade in small and mid-cap stocks. This system is now being re-evaluated following an SEC study required by the JOBS Act, say Louis Goldberg and Valerie Gross of Herrick Feinstein LLP.
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What Exporters Need To Do Before Oct. 15
With less than five months to go until the first round of changes instituting the Export Control Reform Initiative becomes effective, U.S. exporters must get their houses in order. From export classifications to licenses to training, companies must start adjusting now, say attorneys with Nixon Peabody LLP.
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Uncertainty Persists In HHS Religious Health Care Rules
By modifying the definition of an exempt religious institution in the U.S. Department of Health and Human Services' latest proposals, the government may eventually moot out some of the more difficult cases brought by religious institutions. But between the lines, there are a number of practical issues that persist and may still be addressed, says Mark Chopko of Stradley Ronon Stevens & Young LLP.
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The SEC's Holistic Approach To Cross-Border Swaps
A potentially significant difference from the U.S. Commodity Futures Trading Commission approach to cross-border security-based swap transactions is the U.S. Securities and Exchange Commission's take on “substituted compliance.” The SEC apparently intends to apply a holistic approach, focusing on equivalence of regulatory outcomes, rather than a precise rule-by-rule comparison, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.
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Good For Business: Florida's LLC Rewrite
Representing a substantial evolution in Florida law, the Florida Revised Limited Liability Company Act will make the state a more desirable location for business owners to use an LLC for their business activities. Companies and counsel should familiarize themselves with a number of key changes to existing law, say Philip Schwartz and Andrew Schwartz of Akerman Senterfitt LLP.
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LNG Export Moratorium Has Ended — What Now?
The U.S. Department of Energy's recent order ending a nearly two-year moratorium on liquefied natural gas export approvals provides important insight into how the department will consider pending and future export applications. However, it also raises many questions and indicates that the DOE will not back down from its controversial position on its authority, say attorneys with Day Pitney LLP.
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NY Creates Tax Uncertainty For Unauthorized Life Insurers
In the past, surprisingly favorable tax treatment was afforded to life insurers that were not licensed to conduct business in New York but that owned real estate investments in the state. But following recent reinterpretation of New York Tax Law, some uncertainty has arisen with respect to how unauthorized life insurers should allocate income for franchise tax purposes, say attorneys with Duane Morris LLP.
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What You Should Know About Data Protection In Mexico
The privacy notice guidelines required by Mexico's privacy law recently went into effect, and Mexico's Federal Institute of Access to Information has already imposed penalties on companies that have not complied. Companies operating in Mexico should immediately implement internal processes in order to prevent significant economic liabilities, says Javiera Medina of Littler Mendelson PC.
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Answers To Your Compensation Committee Rules Questions
Recent changes to the U.S. Securities and Exchange Commission's listing standards for national securities exchanges — including the New York Stock Exchange and NASDAQ — impose specific requirements related to compensation committee members. These rules have generated a number of frequently asked questions among public companies, say Kevin Douglas and Michael Carr of Bass Berry & Sims PLC.
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6 Ways The ACA May Increase Federal Contractors’ Costs
Federal contractors face significant cost increases and compliance requirements as a result of the health insurance reforms in the Affordable Care Act. To minimize costs and compliance risks in the future, companies should take a number of steps in the coming months, say attorneys with Arnold & Porter LLP.