News

A December 16, 2013 federal appeals court decision on alcohol liability coverage provides an important reminder to industry members to carefully review the terms of their insurance policies....

Addressing for the first time the issue of whether the Anticybersquatting Consumer Protection Act (ACPA), which added two cybersquatting causes of action to the Lanham Act, provides for secondary liability, the U.S. Court of Appeals for the Ninth...

A federal court recently declared unconstitutional Internal Revenue Code Section 107(2), which excludes from gross income a rental allowance paid to a “minister of the gospel” as part of his or her compensation, on the grounds that it violates the...

Police officers are trained professionals, and many of them have developed sharp instincts for observing criminal behavior; that is, they have a hunch when something isn't right. But a hunch is still an insufficient reason for an arrest, as an Ohio...

In the Medical Injury Compensation Reform Act of 1975 (MICRA), the California legislature placed a $250,000 cap on medical malpractice awards. When it was passed, the purpose of MICRA was to help keep medical malpractice premiums down for California...

On December 27, 2013, the Department of Health and Human Services published two final rules, one amending the Office of Inspector General’s (OIG) Anti-Kickback safe harbor related to electronic health records (EHR) items and services (42 C.F.R. §...

As noted in a previous blog, in Police & Fire Retirement Systems of City of Detroit v. IndyMac MBS, Inc., 721 F.3d 95 (2d Cir. 2013), the Second Circuit held that tolling under American Pipe – which plaintiffs had often used to revive claims by...

During the 2013 legislative session, the Colorado Legislature enacted H.B. 13-1138, the Public Benefit Corporation Act of Colorado (“PBC Act”). This act, which becomes effective April 1, 2014, creates a new kind of corporate entity, one in which, as...

In September, WBTV offered a good primer on what not to do when drunk. According to the news report, Gaston County authorities charged Ondrea Sherroid Lee Strong, 24, with three counts of misdemeanor sexual battery, a charge of assault on a female,...

Court’s application of statute of limitations will likely guide future conspiracy prosecutions. On December 9, 2013, the Second Circuit Court of Appeals issued a 2-1 opinion reversing the conviction of three defendants in United States v. Grimm,...

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