Policyholders, Stand Your Ground - Insurers make a living by limiting their liability and costs, and understand all too well how to exploit the claims process to accomplish these ends. In this edition of the newsletter, we take a look at cases...
Following the recent passage of Senate Bill 4 ("SB 4"), California's controversial new law addressing well stimulation techniques including hydraulic fracturing (sometimes called fracking) and acidization, the California Department of Conservation's...
To complete a two-phase initiative that began in 2009, CMS again announced its intent to implement the Phase 2 claims edits, which would result in claim denials if the ordering or referring physician or nonphysician practitioner does not have an...
On November 5, 2013, the Commodity Futures Trading Commission (the “Commission”) approved the issuance of a proposal to expand its rules concerning speculative position limits (the “Proposed Rules”). The Proposed Rules would establish...
In this issue - - New Online End-of-Life Planning Tool Now Available to NC Citizens and Health Care Providers - And the World Goes 'Round - What Is “Past Quality of Care” in a CON Review? - CMS Issues New Surveyor Guidance on Initiating...
On November 21, the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) issued final supervisory “guidance” to supervised financial institutions that offer or may consider offering deposit advance...
In this issue: - NAD Case Reports in Federal Court: What Evidentiary Value Does a Self-Regulatory Decision Hold? - "Making Sound Business Decisions: Considerations in Evaluating Whether to Litigate or Settle" at the Patent Infringement...
Warning shoppers—or, rather, sellers: a company’s failure to meet sales forecasts may amount to a material adverse effect. In Osram Sylvania Inc. v. Townsend Ventures, LLC, Osram Sylvania Inc. (OSI), a stockholder of Encelium Holdings, Inc.,...
The government has commenced its consultation process for the draft terms of reference for its inquiry into the financial system. The inquiry will consider developments in the financial system since the 1997 Financial System Inquiry and the global...
Three patent cases highlight both the potential advantages and potential limitations of Inter Partes and Covered Business Method strategies before the PTAB. In the last two weeks the Patent and Trial and Appeal Board (PATB) has further developed...
