News

HHS Issues Final Rules Implementing Stark Law and Anti-Kickback Statute Reforms

By EsqSocial Corporation 30/11/20

On Friday of last week, HHS published two long-awaited final rules implementing significant changes to the regulations under the Stark Law and Anti-Kickback Statute (AKS).

Michigan Adopts Emergency Temporary Standard on COVID-19

By EsqSocial Corporation 30/11/20

Michigan’s emergency COVID-19 worker safety rules took effect on October 14, 2020. The rules apply to all employers covered under Michigan’s occupational safety and health act.

PFAS/Natural Resource Damages: New Jersey Attorney General Files Cost Recovery Action Against Gloucester County Facility

By EsqSocial Corporation 30/11/20

The New Jersey Attorney General ("AG") on behalf of the New Jersey Department of Environmental Protection filed a lawsuit in Superior Court of New Jersey Law Division ("Gloucester County") against Solvay Specialty Polymers USA, LLC ("Solvay"); Arkema Inc.

Massachusetts Pulls Phased Trigger On Its Statute of Repose

By EsqSocial Corporation 30/11/20

In D’Allesandro v. Lennar Hingham Holdings, LLC, 486 Mass 150, 2020 Mass. LEXIS 721, the Supreme Judicial Court of Massachusetts answered a certified question regarding how to apply the Massachusetts statute of repose, Mass. Gen. Laws ch. 260, § 2B, in regards to phased construction projects.

Pre-Pandemic Chapter 13 Defaults Received CARES Act Modification Protection in the Middle District of Alabama

By EsqSocial Corporation 30/11/20

In a notable decision interpreting the March 2020 Coronavirus Aid, Relief, and Economic Security (CARES) Act, the Bankruptcy Court for the Middle District of Alabama held that Chapter 13 debtors behind on their payments before March 2020 may seek modification of their plan if they suffered from C

Anti-Kickback Statute and Stark Law Regulations: Final Rules Issued

By EsqSocial Corporation 30/11/20

On November 20, 2020, the Department of Health and Human Services (HHS) published two final rules that aim to reduce regulatory barriers to care coordination and accelerate the transformation of the healthcare system to value-based care.

New European collective actions legislation approved

By EsqSocial Corporation 30/11/20

24 November 2020 marks the final approval of the new European collective actions legislation, the Directive of the European Parliament and of the Council on representative actions for the protection of the collective interests of consumers, and repealing Directive 2009/22/EC (the "Directive")....

California and Delaware Franchise Taxes Are Similar In Name Only

By EsqSocial Corporation 30/11/20

Recently, I came across a proxy statement filed a California corporation seeking shareholder approval to reincorporate in Delaware.  In the midst of a lengthy disquisition on the pros and cons of reincorporation, the issuer noted that the franchise taxes payable in Delaware may be greater than th

Overhaul Proposed to UK Takeover Code: Offer Timetable and Offer Conditions

By EsqSocial Corporation 30/11/20

On October 27, 2020 the U.K. Takeover Panel (the “Panel”) published a consultation (the “Consultation”) on a series of significant changes to the treatment of conditions (and pre-conditions) to offers and the timetable which offers must follow under the U.K. Takeover Code (the “Code”).

Responding to Cyber-Attacks in the Utility and Energy Sectors

By EsqSocial Corporation 30/11/20

To assist utilities with assessing and responding to cyber risks, the Federal Energy Regulatory Commission (FERC) and the North American Electric Reliability Corporation (NERC) recently issued a report on best practices to respond to and recover from cybersecurity incidents in the utility industr

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