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Expert Analysis

• How New AML Law Will Apply To Life Settlement Industry

  

  Nonexempt life settlement entities should expect increased reporting obligations once the Corporate Transparency Act implementing regulations go into effect as the act brings the first application of anti-money laundering laws to the industry, say Brian Casey and Thomas Sherman at Locke Lord.

• To Reduce Prescription Prices, Hold Middlemen Accountable

  

  The Biden administration should implement a last-minute Trump-era rule that would force pharmacy benefit managers to pass rebate savings onto patients, helping to ensure that Medicare beneficiaries can afford their medication, says George Huntley at the Diabetes Patient Advocacy Coalition.

• Health Cos. Must Prepare For Growing Ransomware Threat

  

  Health companies are a prime target for ransomware attacks due to their sensitive data and relative vulnerability, so they will need compliance and resilience to guard against the increasingly varied ways that hackers can attempt to extract funds, say Alaap Shah and Stuart Gerson at Epstein Becker.

• How Attorneys Can Reach Claimants In Today's Comms Era

  

  Communicating with clients can be challenging for plaintiffs attorneys due to barriers posed by the current onslaught of unwanted calls, work schedules and other factors, but certain best practices can help, say Scott Heisman and Kimberly Lavin at Verus.

• Cos. Can Expect Tougher Climate Risk Disclosure Mandates

  

  Recent developments in Congress and at the U.S. Securities and Exchange Commission that point toward an expansion of corporate climate risk disclosure requirements beyond securities filings are a clear signal to publicly traded companies that they must further integrate climate considerations into strategic planning at all levels, say attorneys at Akin Gump.

• Ruling Shows Medicare Confusion Can Lead To Costly Results

  

  A recent New Jersey district court ruling shows that workers over 65 may incur steep medical bills if they misunderstand the convoluted and sometimes arbitrary system governing whether Medicare or employee-sponsored health coverage pays first, says Mark DeBofsky at DeBofsky Sherman.

• Justices' Preemptive Tax Challenge Ruling Shows Divisions

  

  The U.S. Supreme Court's recent decision in CIC Services v. Internal Revenue Service reveals divisions among the justices about when potentially burdensome tax regulations can be challenged, making the holding less clear and less valuable, say George Isaacson and David Swetnam-Burland at Brann & Isaacson.

• NY Stock Purchase Ruling Shows Value Of Proper Disclosures

  

  The New York Supreme Court’s recent decision that a stock buyer was liable for breaching a purchase agreement’s representations and warranties in GBIG Holdings v. Resolution Life demonstrates that buyer liability risk exists even when sellers have prior knowledge of potential violations, say John Lowe and Paul Bartlett at Barclay Damon.

• Justices' Nod To Preemptive Tax Challenges May Caution IRS

  

  The U.S. Supreme Court's recent decision in CIC Services v. Internal Revenue Service, allowing pre-enforcement challenges of tax reporting rules despite the Anti-Injunction Act, is likely to make the U.S. Department of the Treasury more careful about its own compliance obligations under the Administrative Procedure Act, says Robert Carney at Caplin & Drysdale.

• New Circuit Split Complicates Domestic Securities Test

  

  The First Circuit’s recent holding in U.S. Securities and Exchange Commission v. Morrone cements a new circuit split over when a securities transaction is considered domestic, introducing new wrinkles to the already-vague standards courts have relied on to interpret the U.S. Supreme Court's Morrison test, say Eric Belfi and David Saldamando at Labaton Sucharow.

• Addressing Environmental Justice As Part Of ESG Initiatives

  

  Recent calls for racial equity and government regulators' increasing focus on social and environmental concerns make this a good time for companies to integrate environmental justice into their environmental, social and governance efforts, say Stacey Halliday and Julius Redd at Beveridge & Diamond, and Jesse Glickstein at Hewlett Packard.

• Privilege Waiver Risks From Reps & Warranties Insurance Use

  

  The use of representations and warranties insurance in M&A could result in waiver of the attorney-client privilege, but policyholders can do a number of things to minimize disclosure of transaction-related information when negotiating the insurance policy and after a claim arises, say attorneys at Bass Berry.

• Maritime Worker Injury Claims After 5th Circ. Welder Ruling

  

  While the Fifth Circuit recently held in Sanchez v. Smart Fabricators that an injured offshore welder could not pursue damages under the Jones Act, certain maritime workers may be able to pursue comparative claims under a longshoremen workers' compensation statute or the Sieracki doctrine, says Grady Hurley at Jones Walker.