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Long-Term Care Providers And Corporate Compliance Programs: The Impending November 28, 2019 Deadline Is Fast Approaching
A 2016 Final Rule from CMS created a new regulatory requirement for long-term care facilities, 42 C.F.R. § 483.85, that mandates such facilities have in operation, by November 28, 2019,
United States
10 Sep 2019
How FDA Considerations Impact Food And Beverage Acquisitions
When considering an acquisition of a food and beverage company, potential buyers of a company or its assets should pay particular attention to U.S. Food and Drug Administration requirements
United States
19 Aug 2019
Utility Provider Settles Call Recording Lawsuit for $3.7 Million
Tiger Natural Gas, Inc. recently settled a class action privacy suit alleging that it illegally recorded sales calls with over 27,000 potential customers.
United States
8 Aug 2019
Delaware Supreme Court Allows Caremark Claim To Proceed Against Directors Of Ice Cream Manufacturer Following Listeria Outbreak
In Marchand v. Barnhill, No. 533, 2018, 2019 Del. LEXIS 310, the Delaware Supreme Court reversed a Delaware Court of Chancery order dismissing a derivative claim alleging that an members of the board of directors...
United States
2 Aug 2019
Which Are They? Independent Contractors Or Employees? Navigating The Conflicts Between State And Federal Law
According to the NLRB General Counsel's Division of Advice (GC), Uber's UberX and UberBLACK drivers are independent contractors exempt from the rights and protections of the National Labor Relations Act (NLRA), including...
United States
5 Jul 2019
Feds Focus On Individuals In Evaluating Corporate Compliance Programs
Earlier this month, the U.S. Department of Justice ("DOJ") and the U.S. Department of the Treasury's Office of Foreign Asset Controls ("OFAC")
United States
13 Jun 2019
CMS Issues Long-Awaited Draft Guidance For Hospital Co-Location With Other Hospitals Or Healthcare Facilities
On May 3, 2019, the Centers for Medicare and Medicaid Services ("CMS") released long-awaited draft guidance (the "Guidance") ...
United States
27 May 2019
VA Vendors Beware: Mind The Company You Keep; It's Time For A Compliance Checkup
Department of Veterans Affairs (VA) acquisitions are about to get a lot more attention – from the VA Office of Inspector General (OIG), the U.S. Department of Justice (DOJ), and possibly Congress, as well.
United States
10 Apr 2019
Cybersecurity, Inside Jobs, Outside Jobs, And HIPAA
According to a February 12, 2019 Press Release from Protenus, a developer of analytics for patient privacy monitoring and compliance,
United States
27 Mar 2019
Second Circuit Holds That Issuer's Alleged Statements Concerning Its Regulatory Compliance Efforts Do Not Constitute Material Misstatements
In Singh v. Cigna Corp., No. 17-3484-cv, 2019 U.S. App. LEXIS 6637 (2d Cir. Mar. 5, 2019), the United States Court of Appeals for the Second Circuit affirmed the dismissal of a class action
United States
21 Mar 2019
OIG Advisory Opinion No. 19-03: The OIG Puts The Healthcare Benefits Of Free In-Home Care And The Risks Of Patient Steering In The Balance
On March 6, 2019, the Department of Health & Human Services, Office of the Inspector General ("OIG") published a new advisory opinion, No. 19-03 (the "AO")
United States
19 Mar 2019
SEC Issues New Guidance On Diversity Disclosure Requirements
On February 6, 2019, the Securities and Exchange Commission released two Compliance and Disclosure Interpretations (CDIs) discussing disclosure requirements in instances where a director or board nominee...
United States
18 Feb 2019
SEC Administrative Proceedings Against Public Companies For Failure To Remediate Material Weaknesses In Internal Control Over Financial Reporting
Public reporting companies that have material weaknesses in their ICFR are required under Rule 308 of the SEA of 1934, as amended, to report such material weaknesses in their quarterly and annual reports along with...
United States
11 Feb 2019
Regulation A May Prove Useful Alternative To Form S-4 Registration For Public Companies Doing Smaller M&A Deals
Last month, the U.S. Securities and Exchange Commission ("SEC") announced it had adopted final rules to amend certain parts of Regulation A promulgated under the Securities Act of 1933 ("Securities Act").
United States
21 Jan 2019
Five Years In The Making: California Is One Step Closer To A Comprehensive Update To The CEQA Guidelines
The Governor's Office of Planning and Research ("OPR") has spent five years drafting a comprehensive update to 30 sections of the California Environmental Quality Act ("CEQA") Guidelines.
United States
11 Jan 2019
OFCCP Issues Contractor Friendly Directives That Aim To Streamline Investigative Processes And Decrease Contractor Guesswork
Directly in line with the U.S. Department of Labor's Office of Federal Contract Compliance Program's (OFCCP) new policy emphasis on agency transparency, accountability, efficiency and collaborative resolution.
United States
3 Jan 2019
Mother's Milk: NYC Braces For New Workplace Lactation Room Requirements
On October 17, 2018, the New York City Council passed two new bills designed to better accommodate nursing, working mothers.
United States
27 Dec 2018
Blog Series Part 6: CMS Proposed Rule On Policy And Technical Changes To The Medicare Advantage, Medicare Prescription Drug Benefit, Medicaid Fee-For-Service And Medicaid Managed Care Programs For Years 2020 And 2021
This part 6 of our 7 part series focuses on the provisions regarding dual special needs plans ("D-SNPs") released by the Centers for Medicare and Medicaid Services ("CMS") in the proposed rule...
United States
19 Nov 2018
New York Lodging Industry: Post Your Human Trafficking Informational Cards
In an effort to continue to raise awareness of human trafficking and provide available services to victims, beginning October 14, 2018
United States
9 Nov 2018
From The Big Easy To The Big Ten, And Beyond: What The Process Of Reforming The New Orleans Police Department Can Teach Colleges And Universities
In 2012, the Penn State Lions went 8-4 on the field, passing 3,283 yards, rushing 740 yards, and scoring 349 points.
United States
5 Nov 2018
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