Senate Bill 436: Majority Voting For Directors Of Publicly Traded Georgia Corporations - 05/08
Business & Finance
May 8, 2008
ATTORNEYS
Robert J. Lystad
Thomas R. McNeill
Louis C. Spelios
On May 7, 2008, Governor Sonny Purdue signed Senate Bill 436 into law. Senate Bill 436 allows, among other things, for the bylaws of a publicly traded corporation incorporated under the laws of Georgia to set a director voting standard greater than the plurality standard contained in Georgia Code Section 14-2-728.
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Recent Delaware Cases Highlight the Importance of Specificity in Advance Notice Bylaw Provisions and Annual Meeting Notices - 05/08
Private Equity & Venture Capital
May 8, 2008
ATTORNEYS
Andrew R. Hough
Kevin A. McGill
A pair of Delaware Court of Chancery decisions narrowly interpreted advance notice bylaw provisions.
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USCIS Reaches FY 2009 H-1B Cap - 04/08
Immigration
April 14, 2008
U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough regular H-1B petitions to meet the congressionally mandated cap for fiscal year 2009.
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Eleventh Circuit Slaps Sanctions on Plaintiffs for Pursuing Libel Suit Based on Intra-Corporate Memorandum
Business Litigation & Arbitration
March 28, 2008
ATTORNEYS
Ann W. Ferebee
Eric P. Schroeder
The Eleventh Circuit Court of Appeals has reversed the ruling of an Atlanta federal district court and ordered that sanctions be imposed on plaintiffs who filed a libel lawsuit based on an internal corporate memorandum.
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Put Your Calls on Hold While Driving - 03/08
Labor & Employment
March 28, 2008
ATTORNEYS
Karen W. Neely
Based upon a study issued by the National Highway Safety Administration, driver cell phone use increased significantly in 2005. Based upon the statistics, up to 6% of drivers regularly used hand-held phones while driving. This translates into 974,000 vehicles at any time being driven by someone using a hand-held phone.
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No Double-Dipping For Copyright Infringement Damages
Business Litigation & Arbitration
March 18, 2008
ATTORNEYS
John C. Bush
Eric P. Schroeder
Copyright owners may only receive a single recovery for a single
injury regardless of the number of infringers under the Eleventh
Circuit's recent holding in BUC International Corporation v.
International Yacht Council, Ltd., et. al.
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Federal District Court Rules That a Joint Bidding Arrangement by Private Equity Funds Did Not Violate Antitrust Laws
Private Equity
March 13, 2008
ATTORNEYS
Tobias J. Butler
F. Donald Nelms, Jr.
G. Patrick Watson
On February 21, 2008, the U.S. District Court for the Western District of Washington ruled that a joint bidding arrangement between competing private equity funds in a contest for corporate control did not violate the Sherman Act.
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Loose Lips Sink Ships and Other Fraudulent Conveyance Lessons - 02/28/08
Bankruptcy & Financial Restructuring
February 28, 2008
ATTORNEYS
Wendy L. Hagenau
Two recent cases involving fraudulent conveyance actions brought under section 548 of the Bankruptcy Code demonstrate the importance of words spoken and written by the parties contemporaneously with the transaction.
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Loose Lips Result In Lawsuits: GA Supreme Court Limits The "Intracorporate Publication" Defamation Defense
Business Litigation & Arbitration
February 8, 2008
ATTORNEYS
Ann W. Ferebee
Eric P. Schroeder
The Supreme Court of Georgia confirmed the limited scope of the "intracorporate publication" defense to defamation claims when it unanimously ruled that when an employee is fired, only those company employees who have a "need to know" the alleged reasons for the firing can be told the reasons or the fired employee may have a defamation claim against the company if the stated reasons are not true.
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Expansion of the Family and Medical Leave Act - 02/08
Labor & Employment
February 8, 2008
ATTORNEYS
Robyn W. Farmer
On January 28, 2008, the President signed the National Defense Authorization Act into law.
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Amendments to the HSR Act - 02/08
Business & Finance
February 4, 2008
ATTORNEYS
Riccarda Heising
Louis C. Spelios
G. Patrick Watson
On January 29, 2008, the Federal Trade Commission formally adopted amendments to the rules and regulations under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended.
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2007 Corporate and Business Organization Case Law Developments
Securities, Corporate and Fiduciary Litigation
January 28, 2008
ATTORNEYS
Thomas S. Richey
In 2007, state and federal courts handed down some fifty decisions on Georgia corporate and business organization issues, some of them addressing long unresolved questions, others applying established principles. The decisions involve business and nonprofit corporations, LLCs, partnerships and joint ventures. They deal with a wide variety of issues, including the standard of care for Georgia corporate officers and directors, common law duties of disclosure, the business judgment rule, reinstatement of administratively dissolved corporations, buy-sell agreements, director and officer liability insurance, derivative action claims in partnerships and LLCs, piercing the corporate veil claims, statutes of limitation for breaches of fiduciary duty, admissibility of evidence under the Business Records Act and professional liability in corporate transactions.
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Legislation Proposed to Govern Use of Deferred Prosecution Agreements - 01/08
Special Matters & Investigations
January 25, 2008
ATTORNEYS
R. Joseph Burby, IV
Ann W. Ferebee
On January 22, 2008, Representative Frank Pallone, Jr. (D-NJ) introduced legislation in the U.S. House of Representatives that would require the Department of Justice to meet specific guidelines, and obtain judicial approval, prior to entering into deferred prosecution agreements with corporations under federal criminal investigation.
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Expansion of Competitive Bidding Program for Durable Medical Equipment, Prosthetics, Orthotics, and Supplies
Health Care
January 15, 2008
ATTORNEYS
Alan K. Parver
Leah Mendelsohn Stone
The Centers for Medicare & Medicaid Services announced on January 8 the seventy Metropolitan Statistical Areas and eight product categories that will be involved in the second phase of competitive bidding for durable medical equipment, prosthetics, orthotics, and supplies.
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HHS Proposes New Authority for Secretary to Overturn or Remand Departmental Appeals Board Decisions
Health Care
January 14, 2008
ATTORNEYS
Alex M. Hendler
On December 28, 2007, the U.S. Department of Health and Human Services ("HHS") issued a proposed rule that would grant the Secretary of HHS new authority to overturn or remand certain decisions of the Departmental Appeals Board.
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H-1B Cap Alert! Plan Now For New H-1B Hires - 01/08
Immigration
January 11, 2008
Employers can file for new H-1B hires starting April 1, 2008. These petitions can only be filed for an H-1B start date of October 1, 2008 or later. It is important for employers to start planning now for these April 1 filings, as the allotment of H-1B numbers is expected to be used up on the first day of filing, similar last year.
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President Signs End-of-Year Healthcare Legislation - 01/08/08
Health Care
January 8, 2008
ATTORNEYS
Steven Stranne
On December 29, 2007, the President signed into law the Medicare, Medicaid and SCHIP Extension Act of 2007. This legislative package made few substantive changes to Medicare, Medicaid or the State Children's Health Insurance Program.
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Recent Cases Highlight Important Considerations Regarding Confidentiality Agreements - 01/08
Private Equity
January 8, 2008
ATTORNEYS
Jody M. Arogeti
M. Todd Wade
Misuse of Confidential Information - Recently, a potential investor was ordered to pay $80 million for breaching a confidentiality agreement, alerting investors that they need to consider carefully before entering into what may seem like a routine, benign confidentiality.
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FERC Reaffirms Order No. 890 on Open Transmission Access Reform - 01/08
Energy
January 3, 2008
Also in this Alert: FERC Approves Incentive Rate Treatments for Renewable Energy Projects ~ FERC Works to Increase Transparency of Natural Gas Markets ~ FERC Acts on NERC Reliability Standards, Definitions and Reliability Registry Determinations
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An Update on Earnouts in M&A Transactions - 12/07
Private Equity and Venture Capital
December 12, 2007
ATTORNEYS
Stuart C. Johnson
LaPoint v. Amerisource Bergen Corporation
An earnout is a traditional way of bridging different expectations of value between a buyer and a seller in an M&A transaction.
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CMS Issues Interim Final Rule Clarifying Definition of Targeted Case Management - 12/12/07
Health Care
December 12, 2007
On December 4, CMS published an interim final rule clarifying the definition of case management and targeted case management (TCM) services for which states may receive Medicaid payment.
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Amendments to the Bankruptcy Rules Became Effective Dec. 1, 2007
Bankruptcy & Financial Restructuring
December 10, 2007
ATTORNEYS
Brian A. Kilmer
As of December 1, 2007, amendments to the Federal Rules of Bankruptcy Procedure became effective. The amendments discussed below concern commercial bankruptcy cases and serve to facilitate the efficient administration of such cases.
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FERC Approves Requests for Transmission Investment Incentives - 12/07
Energy
December 6, 2007
Also in this alert: FERC Approves Midwest ISO Proposal to Continue Grandfathering of Transmission Contracts and FERC Proposes New Rules to Promote a More Efficient Capacity Release Market.
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CMS Issues Report to Congress on the Medicare Hospital Value-Based Purchasing Program
Health Care
December 5, 2007
ATTORNEYS
Cynthia E. Berry
Leah Mendelsohn Stone
The Centers for Medicare & Medicaid Services (CMS) issued a report to Congress on November 21 which provides a framework for how Medicare hospital payments can be linked to performance measures.
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CMS Proposes Final Medicare E-Prescribing Standards - 11/27/07
Health Care
November 27, 2007
On November 16, the CMS published a proposed rule to implement final e-prescribing standards for the Medicare Part D program (72 Fed. Reg. 64900). Any prescriber or dispenser who electronically transmits prescription data and certain other information related to a Part D beneficiary will be required to comply with these standards.
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D.C. Sponsors "Green Roof" Projects - 11/07
Real Estate
November 20, 2007
The District of Columbia, in conjunction with the Environmental Protection Agency, continues to promote and subsidize "Green Rooftops" for the District's new and existing buildings. Installing vegetative roof systems, in place of traditional roofing, helps to mitigate the strain on the District's failing sewer system, safeguards natural water resources, and provides cost savings for individual buildings and the community.
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SEC Shortens Holding Periods for Unregistered Stock - 11/07
Business and Finance
November 20, 2007
ATTORNEYS
Robert D. Klingler
Michael K. Rafter
On November 15, 2007 the Securities and Exchange Commission (SEC) announced amendments to Securities Act Rules 144 and 145 that are intended to reduce the cost of capital and increase access to capital.
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WTO Panel Says U.S. Cotton Subsidies Still Violate the WTO Agreement; U.S. Service Providers May Bear the Brunt of Sanctions
International
November 19, 2007
ATTORNEYS
Robert Clifton Burns
Also in the Issue: DOC Determines China Paper Producers Benefit From Subsidies and Dump Paper in the US ~ Targeting Health Care Companies: SEC Investigates Possible FCPA Violations on Foreign Sales of Orthopedics Products ~ Duped or Duplicitous? ~ Chinese Government Statement Suggests That China May Adopt Countermeasures To Thwart the Validated End User Program ~ CAFC Roundup: Court's Delay Renders Litigation Moot and Other Matters
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Simplified Disclosure for Companies Under $75 Million in Public Float - 11/07
Financial Institutions
November 16, 2007
ATTORNEYS
Robert D. Klingler
On Thursday, November 15, 2007, the SEC adopted final amendments to the disclosure and reporting rules under the federal securities laws.
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USCIS Revises Employment Eligibility Verification Form I-9 - 11/07
Immigration
November 15, 2007
U.S. Citizenship and Immigration Services (USCIS) announced that the long awaited revised Employment Eligibility Verification Form (I-9) is now available for use.
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The Bright Light: Director Payments to Themselves and the Entire Fairness Test - 11/07
Private Equity & Venture Capital
November 14, 2007
ATTORNEYS
Stuart C. Johnson
Thomas R. McNeill
Christopher J. Rylands
A recent Delaware case is an important reminder of the care which should be taken by directors in considering bonuses that include payments to themselves.
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New Lobbying and Ethics Law Taking Effect—Take Steps Now to Ensure Compliance - 11/07
Advocacy and Government Relations
November 9, 2007
ATTORNEYS
Cynthia E. Berry
Recently, the President signed into law the Honest Leadership and Open Government Act, which imposes new lobbying disclosure and ethics requirements.
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House Small Business Committee Holds Hearing on Small Supplier Concerns Over Medicare Competitive Bidding - 11/07/07
Health Care
November 7, 2007
ATTORNEYS
Alan K. Parver
The U.S. House of Representatives Committee on Small Business, Subcommittee on Investigations and Oversight, held a hearing October 31, 2007 about the potential impact of the Medicare competitive bidding program on small providers.
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CMS Issues Medicare Hospital Outpatient Prospective Payment System 2008 Final Rule - 11/07/07
Health Care
November 7, 2007
ATTORNEYS
Alan K. Parver
On November 1, 2007, the Centers for Medicare & Medicaid Services (CMS) issued a final rule with comment period updating the hospital Outpatient Prospective Payment System for calendar year 2008.
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FERC Approves Market Transparency Plan in New England - 11/07
Energy
November 6, 2007
The Federal Energy Regulatory Commission ("FERC") accepted a joint proposal by ISO New England ("ISO-NE") and the New England Power Pool Participants Committee to basically cut in half the lag time for posting Demand Bid and Supply Offer data on ISO-NE's website.
Also in this Alert:
- FERC Assesses Civil Penalties Totaling Over $7 Million
- FERC Grants Financial Institution's Request for Blanket Authorization to Acquire Securities
- Senate Subcommittee Approves Bill to Limit Global Warming Emissions
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OIG Finds Some Medicare Drug Plan Web Sites Do Not Meet Federal Requirements - 10/31/07
Health Care
October 31, 2007
ATTORNEYS
Leah Mendelsohn Stone
Steven Stranne
A recently released report by the Department of Health and Human Services Office of Inspector General (OIG) revealed that approximately one-third of the Medicare Part D prescription drug plan sponsors' Internet web sites did not contain all of the content required by the Medicare regulations and that eighty-five percent of the web sites did not comply with Federal requirements for accessibility.
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IRS Releases Notice 2007-86: Additional 409A Transition Relief - 10/25/07
Employee Benefits and Executive Compensation
October 25, 2007
ATTORNEYS
Paul F. Concannon
Christopher J. Rylands
On October 22nd, the IRS announced in Notice 2007-86 that it is further extending the transition relief under Section 409A of the Internal Revenue Code for nonqualified deferred compensation arrangements. The extension generally permits plans to be operated through December 31, 2008 in good faith compliance with Section 409A, as long as the plans are amended on or before December 31, 2008 to comply with Section 409A.
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OIG Advisory Opinion Approves Physician On-Call Coverage Payment Arrangement - 10/24/07
Health Care
October 24, 2007
The Office of Inspector General issued an Advisory Opinion on September 27, 2007 announcing its approval of an arrangement in which a nonprofit hospital compensated physicians for emergency department on-call coverage.
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House Fails to Override Presidential Veto of SCHIP Legislation - 10/23/07
Health Care
October 23, 2007
ATTORNEYS
Anne B. Camper
On October 18, 2007, the House failed to override a Presidential veto of legislation that would have reauthorized the State Children's Health Insurance (SCHIP) program.
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2008 Cost-of-Living Adjustments Announced - 10/07
Employee Benefits and Executive Compensation
October 19, 2007
ATTORNEYS
Christopher J. Rylands
The IRS has recently announced the cost-of-living adjustments applicable to dollar limitations for tax-qualified retirement plans.
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FDA Announces Changes in Drug and Device User Fees; Public Workshop on Cell/Scaffold Product Evaluation
Health Care
October 17, 2007
ATTORNEYS
Alex M. Hendler
Announcements from FDA on Device and Drug User Fees; Public Workshop on In-Vitro Analysis of Cell/Scaffold Medical Product
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The PoGo Financial Page
Financial Institutions
October 12, 2007
ATTORNEYS
Gerald L. Blanchard
Inside
FinCEN Indefinitely Delays Implementation of New SAR Forms;
Banks Go Green;
The SEC's and the Federal Reserve's Regulation R;
Avoid Getting Blindsided by Section 409A;
Federal Agencies Implore Lenders to Give a Helping Hand;
Get it in Writing!
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CMS Issues Proposed Rule Limiting Medicaid Payments for Outpatient Hospital Services
Health Care
October 9, 2007
On September 28, the CMS published a proposed rule entitled "Medicaid Program; Clarification of Outpatient Clinic and Hospital Facility Services Definition and Upper Payment Limit" that could have potentially significant effects on Medicaid reimbursement for outpatient hospital services.
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CMS Posts Enforcement, Audit and Corrective Action Plan (CAP) Summaries - 10/08/07
Health Care
October 8, 2007
The CMS has posted information regarding agency audit and enforcement initiatives pertaining to Medicare Advantage and Prescription Drug Plan organizations conducted since January of 2006.
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CMS Proposes Changes to Medicaid Funding for School-Based Administration and Transportation - 10/08/07
Health Care
October 8, 2007
On September 7, the CMS issued a proposed rule titled "Elimination of Reimbursement Under Medicaid for School Administration Expenditures and Costs Related to Transportation of School-Age Children Between Home and School."
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Temporary SCHIP Extension and Health Extenders Package Signed into Law - 10/03/07
Health Care
October 3, 2007
ATTORNEYS
Leah Mendelsohn Stone
On Saturday, September 29th, President Bush signed into law a temporary funding extension of the State Children's Health Insurance Program, as well as a separate bill that will continue several health care programs that were set to expire on September 30th.
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409A Update: Action Required by December 31, 2007 - 10/07
Employee Benefits and Executive Compensation
October 2, 2007
ATTORNEYS
Richard L. Arenburg
Armin G. Brecher
Paul F. Concannon
Edmund Emerson III
Jennifer Faucett
Castles R. Hollis
Christopher J. Rylands
Steven G. Schaffer
Stacey Leigh Stewart
on September 10, 2007, the IRS issued Notice 2007-78 (the "Notice") and granted limited relief for bringing nonqualified deferred compensation plans into written compliance with Section 409A of the Internal Revenue Code. However, the Notice still requires most major decisions be made and documented before December 31, 2007.
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FERC Issues Order on PJM Market Monitor Independence - 10/07
Energy
October 2, 2007
On September 20, 2007, FERC issued an Order on Offer of Settlement and Complaints regarding allegations of tariff violations and interference with the independence of PJM Interconnection, L.L.C.'s Market Monitor, Dr. Joseph E. Bowring.
Also in this alert:
FERC & CFTC Cooperation in Natural Gas Market Enforcement Action Fading and FERC Announces Creation of New Office of Electric Reliability and Energy Innovations Sector
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CMS Issues Final Rule on Revisit User Fees - 09/26/07
Health Care
September 26, 2007
On September 19, 2007, the Centers for Medicare & Medicaid Services published a final rule establishing "revisit user fees." These fees will be assessed against health care facilities participating in the Medicare program.
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Beware of Changing Credit Terms on the Eve of Your Customer's Bankruptcy - 09/25/07
Bankruptcy & Financial Restructuring
September 25, 2007
ATTORNEYS
Gwendolyn J. Godfrey
Wendy L. Hagenau
Two recently issued decisions may make it more difficult for a preference defendant to establish the ordinary course of business defense when the defendant revises credit terms with a customer having financial difficulty on the eve of the customer's bankruptcy.
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Significant Changes to Federal False Claims Act Introduced by Senator Grassley - 09/19/07
Health Care
September 19, 2007
ATTORNEYS
R. Joseph Burby, IV
Ralph J. Caccia
On September 12, Senator Charles Grassley (R-Iowa), ranking member of the Senate Finance Committee, proposed Senate Bill 2041 to amend the federal False Claims Act ("FCA") in ways which would directly impact qui tam suits initiated against health care providers.
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Stark II, Phase III: And Still More to Come! - 09/14/07
Health Care
September 14, 2007
ATTORNEYS
Sandra K. Herron
On August 27, 2007, The Centers for Medicare and Medicaid Services
(CMS) released the third phase of rulemaking to amend the regulations
implementing the Ethics in Patient Referrals Act, commonly known as
"Stark." This Phase III Final Rule (Phase III) was published on
September 5, 2007 and will become effective 90 days later, on December 5, 2007. In publishing Phase III, CMS both responds to public comments on Phase II and addresses the entire regulatory scheme.
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Controversy Continues: Can DHS Regulate SSA No-Match Letters? - 09/13/07
Immigration
September 14, 2007
On August 15, 2007, Department of Homeland Security published its final "No-Match" regulation, entitled "Safe Harbor Procedures for Employers Who Receive a No-Match Letter," which was scheduled to become effective on September 14, 2007. However, a temporary restraining order issued by a district court in California has delayed
this effective date and brought to the forefront the controversy of DHS' authority to regulate in Social Security territory.
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Increasing Your Dividend: Including Attorney's Fees As Part of Your Prepetition Claim - 09/13/07
Bankruptcy & Financial Restructuring
September 13, 2007
ATTORNEYS
Gwendolyn J. Godfrey
E. Penn Nicholson
The Supreme Court has held that a creditor may not be precluded from
including contractual attorney's fees as part of its prepetition claim. In
Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co., 127 S.Ct. 1199 (2007), the Court resolved a conflict between the Fourth and Ninth Circuits and held that contractual rights to attorney's fees, if allowed under state law, may be included as part of a creditor's prepetition claim, unless the claim falls under one of the exceptions found in Section 506(b) of the Bankruptcy Code.
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CMS Disapproves New York SCHIP Plan Amendment, Enforcing New Crowd-Out Guidance - 09/11/07
Health Care
September 11, 2007
ATTORNEYS
C. Scott Greene
On September 7, 2007, the Centers for Medicare and Medicaid
Services (CMS) disapproved the State of New York's proposed
amendment to the State's Children's Health Insurance Program (CHIP)
plan, marking the agency's first enforcement action based on
noncompliance with the controversial new crowd-out policy issued on
August 17, 2007.
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CMS Issues Multiple Proposed and Final Rules on Medicare, Medicaid, and SCHIP Compliance and Reimbursement - 09/07/07
Health Care
September 7, 2007
ATTORNEYS
Anne B. Camper
Alex M. Hendler
Between August 24 and August 31, 2007, the Centers for Medicare and Medicaid Services (CMS) issued or announced a number of proposed or final rules.
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New US Patent Rules Substantially Increase Burdens and Risks to Patent Applicants - 09/06/07
Intellectual Property
September 6, 2007
ATTORNEYS
Jason A. Bernstein
Michael Lasky
Charles L. Warner
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FERC Approves $500,000 Civil Penalty Settlement - 09/07
September 5, 2007
ATTORNEYS
Gwendolyn J. Godfrey
Also in this alert: Court of Appeals Orders FERC to Reconsider Refunds in Northwest
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CMS Unveils New SCHIP Enrollment Policy - 08/28/07
Healthcare
August 28, 2007
On August 17, 2007, the Center for Medicaid and State Operations of the CMS issued a letter to State health officials regarding State initiatives to expand enrollment in the State Children's Health Insurance Program.
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New Rule for Expedited Passports - 08/07
Labor, Employment & Immigration
August 21, 2007
The Department of State has published a regulation modifying the procedures for expedited passport issuance.
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CMS Issues Letter Regarding Cost-Sharing in Emergency Rooms - 08/21/07
Health Care
August 21, 2007
On August 15, 2007, the CMS issued a State Medicaid Directors Letter regarding a change in the law with respect to cost-sharing for non-emergency services furnished to low-income patients in emergency rooms and to announce the implementation of a grant program for non-emergency services.
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Congress Passes New Ethics, Lobbying, and Earmark Requirements - 08/20/07
Health Care & Advocacy & Government Relations
August 20, 2007
ATTORNEYS
Cynthia E. Berry
Before recessing for the month of August, the U.S. House of Representatives and the U.S. Senate passed the "Honest Leadership and Open Government Act" (S. 1), which would tighten ethics guidelines, restrict lawmakers' interactions with lobbyists, increase lobbying disclosure, and impose new requirements on earmarking of federal funds.
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Summary of General Statutes Enacted at the 2007 Session of the Georgia General Assembly of Georgia - 8/07
Advocacy & Government Relations
August 15, 2007
ATTORNEYS
Robert J. Lystad
Joel C. Williams, Jr.
A memorandum outlining select general statues enacted by the Georgia General Assembly during the 2007 legislative session.
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Eight Circuit Denies Minnesota Appeal of CMS Rejection of Medicaid State Plan Amendment - 08/15/07
Health Care
August 14, 2007
In an opinion filed July 31, 2007, the U.S. Court of Appeals for the Eight Circuit rejected Minnesota's appeal of a Centers for Medicare and Medicaid Services (CMS) decision to deny a state plan amendment as a result of inadequate responses to the agency's increased scrutiny of Medicaid reimbursement and state funding mechanisms.
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Guilty Verdict in First Options Backdating Trial May Embolden Prosecutors - 08/13/07
Special Matters & Investigations
August 13, 2007
ATTORNEYS
R. Joseph Burby, IV
Stacey Godfrey Evans
W. Scott Sorrels
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Proposed Stark Amendment Targets Physician-Owned Hospitals - 08/08/07
Health Care
August 8, 2007
On July 23, 2007, Representative Pete Stark co-sponsored legislation that included a proposed amendment to the Ethics in Patient Self-Referral Statute (the "Stark law"). The proposed amendment is part of the Children's Health and Medicare Protection Act of 2007 and significantly limits an important existing exception to the Stark law prohibition on certain physician referrals to hospitals.
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HB 2007 Local Government - 8/8/07
Advocacy & Government Relations
August 8, 2007
ATTORNEYS
Robert J. Lystad
HB 2007 Local Government
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House and Senate Passed SCHIP Bills - 08/07/07
Health Care
August 7, 2007
ATTORNEYS
Leah Mendelsohn Stone
Prior to adjourning for the August recess, the Senate and the House of Representatives passed different bills reauthorizing the State Children's Health Insurance Program (SCHIP). Reconciling these bills in September may be complicated due to the variation in the bills and the issues that they raise.
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Practical Implications of the Supreme Court's Recent Decision - 08/02/07
Private Equity
August 2, 2007
ATTORNEYS
Thomas R. McNeill
Mitesh Patel
On June 28, 2007, in Leegin Creative Leather Products, Inc. v. PSKS, Inc., 550 U.S. ___, (2007), overruling Dr. Miles Medical Co. v. John D. Park & Sons, 220 U.S. 373 (1911), the Supreme Court overruled a nearly 100 year old antitrust decision by holding that vertical agreements to institute minimum resale price maintenance are not per se illegal. Courts must now judge such agreements on a case-by-case basis under a rule of reason.
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FERC Issues Show Cause Orders for Preliminary Findings of Market Manipulation - 08/07
Energy
August 2, 2007
Also in this alert: Court of Appeals Checks FERC's Jurisdiction and Refund Authority; FERC Issues Proposed Policy Statement to Modify Rate of Return Standards; FERC Issues Notice of Proposed Rulemaking Adopting New Reliability Standards for Cyber Security
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Recent Developments Affecting Tax-Exempt Entities - 08/01/07
Tax
August 1, 2007
Also in this alert: Congressional Actions and IRS/Treasury Actions
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CMS Document Sheds Light on the New Medicaid World - 07/31/07
Health Care
July 31, 2007
ATTORNEYS
Sandra K. Herron
On July 20, 2007, the Centers for Medicare and Medicaid Services (CMS) Office of Acquisition & Grants Management issued a document that provides vital information to health care providers about what to expect during the coming years of intensified Medicaid review and enforcement.
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OPPS for 2008 May Change from CMS' Proposed Rule - 07/31/07
Health Care
July 31, 2007
ATTORNEYS
Alan K. Parver
On July 16, 2007, the Centers for Medicare and Medicaid Services (CMS) released a proposed rule regarding changes to the Medicare Outpatient Prospective Payment System (OPPS) for calendar year 2008. This rule will be published in the Federal Register on August 2, 2007, and comments will be accepted until September 14, 2007.
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Climate Strategy Insights Update - July 2007
Climate Strategies Insights
July 30, 2007
On July 24, 2007, four U.S. Senators proposed bipartisan global warming legislation that is intended to be less burdensome on business than competing plans that have been offered to date.
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CMS Solicits Comments for 2008 PQRI and PAQI Fund - 07/25/07
Health Care
July 24, 2007
ATTORNEYS
Alex M. Hendler
On July 12, 2007, the CMS issued a proposed rule with respect to the Physician Quality Reporting Initiative for calendar year 2008.
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CMS Says Providers Can Charge for Missed Appointments - 07/18/07
Health Care
July 18, 2007
On June 29, 2007, the Center for Medicaid & Medicare Services ("CMS") implemented a new policy that will allow physicians, providers, and suppliers to charge Medicare beneficiaries for missed appointments.
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New Fee Increases For USCIS Filings - 0717/07
Immigration
July 17, 2007
Beginning July 30, 2007, United States Citizenship and Immigration Services will increase its filing fees for all nonimmigrant and immigrant applications and petitions, as well as naturalization applications, biometric fees and other related immigration documents
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CMS Issues Final Medicaid Citizenship Documentation Rule - 07/17/07
Health Care
July 17, 2007
On July 13, 2007, the Centers for Medicare and Medicaid Services (CMS) published a final rule on citizenship documentation requirements for Medicaid eligibility.
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CMS Publishes Medicaid Drug Payment Final Rule - 07/12/07
Health Care
July 12, 2007
ATTORNEYS
Alan K. Parver
Leah Mendelsohn Stone
On July 6, the Centers for Medicare and Medicaid Services (CMS) released a final rule pertaining to the reimbursement of prescription drugs under the Medicaid program. The rule will be published in the Federal Register on July 17, 2007.
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Supreme Court Overrules Per Se Prohibition on Retail Price Maintenance - 07/06/07
Business & Finance
July 5, 2007
ATTORNEYS
Thomas R. McNeill
G. Patrick Watson
In a decision sure to cause both manufacturers and retailers to examine their resale pricing policies, on June 28, 2007, the United States Supreme Court overruled the nearly 100 year old rule that agreements to establish minimum resale prices constitute per se violations of section 1 of the Sherman Act.
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FERC Issues Advanced Notice of Proposed Rulemaking Regarding Competitive Power Markets - 07/07
Energy
July 5, 2007
Also in this alert: FERC Issues Final Rule to Prevent Exercise of Market Power - FERC Issues Final Rule to Prevent Exercise of Market Power - FERC Approves $2 Million Civil Penalty for Code of Conduct Violations - U.S. Court of Appeals Rejects Challenge to FERC Authority to Prevent Market Manipulation - FERC Approves Western Power Settlements
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Are you Ready for Section 409A? - 07/03/07
Employee Benefits & Executive Compensation
July 3, 2007
ATTORNEYS
Jennifer Faucett
Steven G. Schaffer
The IRS recently issued final regulations interpreting the requirements imposed on nonqualified deferred compensation arrangements by Section 409A of the Internal Revenue Code. The final regulations are effective January 1, 2008.
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Summary Judgment for PoGo Client in Multidistrict Litigation Affirmed on Appeal - June/July
Health Care and Litigation
July 2, 2007
ATTORNEYS
V. Robert Denham, Jr.
On Wednesday, June 13, just one week after oral argument, the Eleventh Circuit Court of Appeals affirmed the grant of summary judgment to our client, Coventry Health Care, Inc., in the lead case in the Managed Care Multidistrict Litigation.
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The Government Giveth and Taketh Away - 07/07
Immigration
July 2, 2007
The Department of State announced today that effective Monday, July 2, 2007, all employment-based immigrant visa numbers were unavailable.
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New Georgia Immigration Law Affecting Employers - 06/07
Immigration
July 1, 2007
Senate Bill 529 is the Georgia Security and Immigration Compliance Act of 2006 ("the Act") and affects employers and their contractors and subcontractors who contract or subcontract with the State of Georgia for the performance of services.
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Sign Regulation Restrictions Affecting Local Governments - 06/27/07
Government Relations
June 27, 2007
ATTORNEYS
David M. Armitage
The Court of Appeals for the Eleventh Circuit handed down opinions regarding how county and municipal governments may enact and enforce their sign ordinances.
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"IRS Overhauls Old Form 990" 06/26/07
Tax
June 27, 2007
In this alert we dicuss the implications of the revised Form 990 and an overview on the revisions.
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Supreme Court Authorizes PRPs to Recover Voluntary Clean-up Costs Under CERCLA - 06/26/07
Tort Litigation & Environmental Law
June 26, 2007
ATTORNEYS
V. Robert Denham, Jr.
Joan B. Sasine
Christopher A. Thompson
Laura A. Williams
On June 11, 2007 the United States Supreme Court announced its much-awaited decision in the United States v. Atlantic Research Corp. case.
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MedCAC to Review CPAP Diagnostic Criteria - 06/26/07
Health Care
June 26, 2007
ATTORNEYS
Alex M. Hendler
MedCAC announces upcoming meeting to discuss testing methods that may be used to support Medicare coverage for CPAP devices.
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EPA, Corps Clarify Scope of CWA Jurisdiction - 06/21/07
Tort Litigation & Environmental Law
June 21, 2007
ATTORNEYS
Christopher A. Thompson
Laura A. Williams
The federal government clarified the process it will use to determine the scope of CWA jurisdiction in an important guidance memorandum issued June 5, 2007. The guidance distinguishes between situations in which federal agencies will categorically exert jurisdiction under CWA and circumstances where the agencies will proceed under a case-by-case analysis.
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OIG Withdraws Proposed Rule on Exclusion for Excessive Charges - 06/19/07
Health Care
June 19, 2007
On Monday, June 18, 2007, the OIG of the HHS withdrew a proposed rule that would have clarified its authority to exclude providers from the Medicare and Medicaid programs for submitting claims containing excessive charges, responding to significant concerns raised by the provider community.
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New Georgia Immigration Law Affecting Local Governments - 06/12/07
Immigration
June 12, 2007
Senate Bill 529 is the Georgia Security and Immigration Compliance Act of 2006 ("the Act"). The Act affects counties, municipalities and their corresponding authorities and agencies ("Local Governments") as well as Local Government contractors and subcontractors.
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Study Finds Pay-for-Performance Is Not Associated with Significant Quality Improvement - 06/12/07
Health Care
June 12, 2007
ATTORNEYS
Leah Mendelsohn Stone
A recent study conducted by researchers at the Duke Clinical Research Institute concluded that the pay-for-performance pilot program, which was launched by the Center for Medicare & Medicaid Services in 2003, has not demonstrated a significant improvement in quality of care or outcomes in hospital patients with acute myocardial infarction.
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New Federal Minimum Wage & Posting Requirement - 06/13/07
Labor, Employment & Immigration
June 12, 2007
ATTORNEYS
Karen W. Neely
Kathryn B. Vargo
On May 24, 2007, President Bush signed the Fair Minimum Wage Act of 2007 that, among other things, increases the federal minimum wage from $5.15 in three steps: to $5.85 per hour effective July 24, 2007; to $6.55 per hour effective July 24, 2008; and to $7.25 per hour effective July 24, 2009. These increases are the first federal minimum wage hike in ten years.
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Tropicana To Seek a Changed Circumstance Review and Revocation of an Antidumping Duty Order - 06/07
International
June 11, 2007
ATTORNEYS
Robert G. Coberly
ALSO IN THE ISSUE: Currency Issues Continue to Plague U.S. - China Relations - NASA Reveals Purported Solution to Its ITAR Problems - The Boycotts from Brazil - Court Decision on Liquidation Instructions May Require Parties to Challenge Commerce Administrative Review Decisions Early - DDTC Announces Partial Lifting of Somalia Arms Embargo - Internet Download From Iran Leads to Criminal Prosecution in U.S.
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Just When You Thought It Was Safe: Standard of Care For GA Corporate Directors & Officers Revisited - 06/07
Securities, Corporate & Fiduciary Litigation
June 7, 2007
ATTORNEYS
Thomas S. Richey
In March, the Georgia Court of Appeals ruled that officers and directors of a Georgia corporation cannot be held liable to shareholders for ordinary negligence. In late May, the Court handed down a conflicting decision in another case holding just the opposite. This is not a mere technicality. It affects the management of every corporation incorporated in Georgia, what legal standard of conduct governs their actions, and when they can be held personally liable for company and shareholder losses.
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FERC Conditionally Approves Long-Term Transmission Rights for Midwest ISO and PJM - 06/07
Energy
June 6, 2007
ATTORNEYS
C. Scott Greene
Curtis James Romig
Also in this Alert: FERC Approves Settlement Requiring Payment of $2 Million Civil Penalty; FERC Denies Stay in New England Forward Capacity Market Proceeding
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AHRQ's Online Health Care Report Card - 06/05/07
Health Care
June 5, 2007
On May 30, the AHRQ unveiled a compendium which is a searchable directory of over 200 samples of report cards produced by a variety of organizations.
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House Approves Lobbying Overhaul Package - 06/04/07
Advocacy & Government Relations
June 4, 2007
ATTORNEYS
Cynthia E. Berry
Just before leaving Washington for the Memorial Day recess, the House of Representatives passed legislation that would tighten lobbying practices and expand disclosure requirements in an effort to honor promises of reform and a more ethical environment in Congress.
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Final Rule on Cost Limit for Public Providers and Defining "Public" Status - 05/31/07
Health Care
May 31, 2007
On Friday, May 25, the CMS issued a final version of the Medicaid cost limit regulations proposed in January.
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Legislation Introduced to Extend the 340B Drug Discount Program to Inpatient Drugs - 05/24/07
Health Care
May 24, 2007
On May 14, 2007, Senators Jeff Bingaman (D-NM) and John Thune (R-SD) introduced the "340B Program Improvement and Integrity Act of 2007." This bill would extend mandatory drug pricing discounts under the federal 340B program.
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CMS Proposes Rule to Eliminate Federal Reimbursement for Medicaid Direct GME Payments - 05/07
Health Care
May 23, 2007
The Centers for Medicaid and Medicare Services issued a proposed regulation to clarify that costs and payments associated with graduate medical education (GME) programs are not eligible for federal financial participation under state Medicaid programs.
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NASDAQ Capital Market Securities to Receive Blue Sky Exemptions - 05/07
Business & Finance
May 21, 2007
ATTORNEYS
Terrence Allen Childers
Robert D. Klingler
Eliot W. Robinson
The Securities and Exchange Commission approved an amendment to a rule under Section 18 of the Securities Act of 1933 that will designate securities listed on the Nasdaq Capital Market as for purposes of Section 18.
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