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Insights on Consumer Products

734 total results. Page 17 of 30.

Alerts
Ordinary Course of Business Preference Defense Clarified in a Recent SDNY Bankruptcy Court Decision
November 3, 2014

Around this abundance of litigation developed a significant body of jurisprudence, to which Judge Sean Lane of the Southern District of New York Bankruptcy Court recently added in clarifying the ordinary course of business preference defense.

Alerts
Concerted Activity is Not Necessarily Protected: The NLRB Weighs in on Terminated Employees’ Facebook Comments
November 3, 2014
Michael L. Stevens

A National Labor Relations Board (NLRB or Board) administrative law judge (ALJ) found that two employees of a nonprofit youth center engaged in concerted activity when they discussed their workplace concerns via Facebook.

Alerts
Last Chance: New Way for Hospitals to Participate in the CMS Settlement Offer for Inpatient Claims
October 30, 2014
Hillary M. Stemple

In an effort to encourage hospitals to take advantage of the 68 percent settlement offer for previously denied inpatient claims, the Centers for Medicare and Medicaid Services (CMS) recently announced a new procedure.

Alerts
The Pitfalls of Imprecision: The Latest Momentive Decision Exposes the Weakness of Lien Subordination Under Intercreditor Agreements
October 30, 2014
Andrew I. Silfen

In recent years, second lien financings have increased in popularity. Senior creditors rely on intercreditor agreements to protect their interests by limiting the rights that junior lien holders would otherwise enjoy as secured creditors through either lien subordination, payment subordination.

Alerts
Before You 'Brand': Simplify, Then Amplify
October 27, 2014

Don’t let Hauge’s “pitch” language throw you off. What I am talking about here precedes “branding.” Develop your story; embody it; live it with passion; and connect to others. Then, your branding can begin. More on that later.

Alerts
Hospital System Responds in ‘Reverse False Claims Act’ Overpayment Suit
October 22, 2014
David S. Greenberg
Alerts
UPDATE: CMS Provides New Guidance to Hospitals on How to Settle Inpatient Appeals
October 21, 2014
Hillary M. Stemple
Alerts
Employee or Employer? Terminated Doctor Loses Appeal in Discrimination Case Because of Employer Status
October 21, 2014
Michael L. Stevens

The Seventh Circuit Court of Appeals recently affirmed a lower court’s conclusion that a doctor in a service corporation was actually an employer, and thus could not bring a claim under federal discrimination statutes based upon her termination.

Alerts
Government Gives Health Care Companies More Leverage in Their Negotiations with Physicians
October 14, 2014
Hillary M. Stemple

Health care organizations that contract with physicians can face potential liability, as well as exclusion from participation in federal health care programs, under various laws (such as the Stark Law), the anti-kickback statute, and the False Claims Act (FCA).

Alerts
OIG Proposes New Safe Harbors to Anti-Kickback Statute
October 10, 2014
Stephanie Trunk
Alerts
Court Finds That a Nail in the Head is an ADA Disability
October 7, 2014
Michael L. Stevens

In the City’s motion for summary judgment, it argued that Stragapede was not disabled under the ADA and that the City did not consider him to be disabled.

Alerts
The FMB Bancshares Decision: Clarifying or Not Clarifying TruPS Holders’ Exercise of Remedial Rights
October 7, 2014
Andrew I. Silfen, Beth M. Brownstein

This case presents a common scenario and dynamic that a party involved with a distressed bank holding company may have seen in the last several years.

Alerts
Local Drug Take-Back Law Creates Regulatory Burden for Manufacturers
October 6, 2014
Stephanie Trunk, Wayne H. Matelski

On September 30, 2014, the US Court of Appeals for the Ninth Circuit unanimously held that the first-in-the-nation Safe Drug Disposal Ordinance passed by Alameda County, California is constitutional.

Alerts
Federal Contractor Minimum Wage Update: DOL Issues Final Rule
October 3, 2014
Michael L. Stevens

On October 1, 2014, at the President’s directive, the Department of Labor promulgated the final rule raising the minimum wage for federal contract workers.

Alerts
The Department of Justice’s New Focus Could Place Health Care Executives at Risk
October 2, 2014
Peter R. Zeidenberg
Alerts
'Disengaging' from Your Career
September 30, 2014

You have the choice of one of two viewpoints: either death always wins or death offers you the opportunity for an extraordinary life. I choose the latter. I choose embracing a post professional career life. I choose never to retire!

Alerts
FCC Extends Deadline for Form 477
September 30, 2014

The Federal Communications Commission (FCC) announced that it is extending the deadline for the Local Telephone Competition and Broadband Report, commonly known as FCC Form 477.

Alerts
RAC Update: Appeal Delays Continue, CMS Offers Settlement Deal
September 29, 2014
Dan H. Renberg, Lowell C. Brown, Thomas E. Jeffry, Jr.

Congress created the Recovery Audit Contractor (RAC) program to help the Centers for Medicare and Medicaid Services (CMS) identify improper payments made to providers by Medicare and Medicaid.

Alerts
Federal Court in Georgia Orders Health Care Provider to Produce Privileged Documents in False Claims Act Action
September 26, 2014
D. Jacques Smith, Thomas E. Jeffry, Jr.

Last month, a federal district court in Georgia ordered Columbus Regional Healthcare System to turn over communications protected by the attorney-client privilege in a decision that could have a chilling effect on requests for legal advice, if misunderstood.

Alerts
OIG Finds Commercial Drug Copay Coupons Are Being Used by Medicare Part D Beneficiaries and Warns of Anti-Kickback Statute Exposure
September 25, 2014
Stephanie Trunk
Alerts
REMINDER — FCC Annual Regulatory Fee Due Tuesday, September 23, 2014
September 23, 2014

The FCC Annual Regulatory Fees are due Tuesday, September 23, 2014.

Alerts
The Momentive Decision: Another Warning to Debtholders and Indenture Trustees to Ensure That Your Make-Whole is Not Full of Holes
September 22, 2014
Andrew I. Silfen, Beth M. Brownstein

On April 13, 2014, MPM Silicones, LLC and certain debtor affiliates (the Debtors) filed for bankruptcy protection under Chapter 11 of the United States Bankruptcy Code. The Debtors filed their plan of reorganization (the Plan) about a month later.

Alerts
It May Be Boring, But It Is Still Legal Work
September 19, 2014
Michael L. Stevens

Court Holds That Document Reviewers “Practiced Law” for Purposes of the FLSA

Alerts
Order Granting Delisting Counterclaim — A First?
September 19, 2014
Janine A. Carlan, Richard J. Berman, Taniel E. Anderson

On August 20, 2014, Judge Leonard P. Stark issued what appears to be the first order requiring a branded pharmaceutical company to delist a patent from the Food & Drug Administration’s (FDA) Orange Book.

Alerts
OSHA Expands Scope of Severe Injury Reporting Rule
September 17, 2014

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