"Guarding Against HR Missteps that Can Trigger Litigation" - Tricia Kinney published
Financial Executives Magazine
May 15, 2007
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Evolution of Payment Methodologies for U.S. Governmental Teaching Hospitals
International
March 2007
Larry S. Gage
President, National Association of Public Hospitals
Founder: American International Health Alliance
Partner, Powell Goldstein LLP
2007 World Health Congress
Barcelona, Spain
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Recent Developments in Lender Liability Law
August 14, 2006
ATTORNEYS
Gerald L. Blanchard
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Are Fee Applications Necessary When Representing the Secured Creditor?
AIRA Journal, August/ September 2006
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Top Website Legal Issues -- Breakfast Briefing Presentation
June 13, 2006
ATTORNEYS
Jason A. Bernstein
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In Cases of Church Bankruptcies, Who Owns Assets?
The RMA Journal, June 2006
ATTORNEYS
Gerald L. Blanchard
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2005 International Anti-bribery Cases & Developments
May 31, 2006
An article summarizing 2005's anti-bribery cases and developments in international efforts to combat corruption.
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Unintended Consequences: Is CMS April 5 Directive an Invitation to Carriers, Intermediaries to File Claims Under Contract Disputes Act, Stop Work, or Both?
May 30, 2006
Reproduced with permission from BNA's Medicare Report, Vol. 17, No. 21 (May 26, 2006). Copyright 2006 by The Bureau of National Affairs, Inc.(800-372-1033)
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Employment Law Update
April 11, 2006
ATTORNEYS
Marilyn M. Fish
Kathryn B. Vargo
An update from the 2006 Annual Employment Law Seminar.
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Retaliation, Reprisal and Vengeance…How Does It Fit in the Workplace?
April 11, 2006
ATTORNEYS
Marilyn M. Fish
From the 2006 Annual Employment Law Seminar.
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Healthy Living .. Healthier Business? Legal Pitfalls in Managing Employee Wellness
April 11, 2006
ATTORNEYS
Shay Zeemer Hable
From the 2006 Annual Employment Law Seminar.
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The Dynamics of Defending Multi-Plaintiff Litigation
April 11, 2006
ATTORNEYS
Luke A. Lantta
From the 2006 Annual Employment Law Seminar.
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Hot Topics in Immigration
April 11, 2006
From the 2006 Annual Employment Law Seminar.
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New "Internet Applicant" Regulations: Compliance Tips and Strategies
April 11, 2006
ATTORNEYS
Kathryn B. Vargo
From the 2006 Annual Employment Law Seminar.
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Taking the Harassment Out of Serial Litigation: Practical Tips for Implementing a Discovery Compliance Program
April 11, 2006
ATTORNEYS
Christopher P. Galanek
From the 2006 Annual Employment Law Seminar.
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Private Target M&A Deal Points Study
April 3, 2006
ATTORNEYS
Stuart C. Johnson
The long-awaited Private Target M&A Deal Points Study, conducted by the M&A Market Trends Subcommittee of the Section's Committee on Negotiated Acquisitions was released on March 27, 2006. This important study benchmarks a broad range of key negotiated deal points from publicly-available acquisition agreements involving public buyers of private target companies, thus providing key data for the oft-debated issue in M&A transactions: "what in fact is the market"? This study is expected to become an indispensable resource for M&A lawyers.
Powell Goldstein partner Stuart C. Johnson was a member of the working group which prepared this study.
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Be a Rainmaker: Business Development Tips for Young Female Minority Attorneys - March, 2006
March 31, 2006
Business and client development is as essential to attorneys these days as practicing law. It is also crucial for an associate's success in the legal profession, especially for those who aspire to a promotion to partner. Yet, for the future leaders of our profession, most law firms typically provide only minimum client development training to associates.
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Feds Remain Aggressive in Enforcement - Don't be Their Next Target
Health Lawyer's Weekly
March 31, 2006
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Behind the Court's Decision in Merrill Lynch V. Dabit
Securities Law 360
March 30, 2006
ATTORNEYS
John R. Bielema
Michael P. Carey
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International Intellectual Property: Navigating Customs 337 Claims
Counsel to Counsel
March 22, 2006
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Hospital Charges Under Siege — Are Provider-Based Facility Fees the Next Class Action Frontier?
For the Record
March 20, 2006
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Coordination of Benefits - March, 2006
What Plan Counsel Need to Know about Secondary Payer Compliance
March 15, 2006
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Capacity in Electricity Markets
2006 NY Energy Adequacy Conference
March 8, 2006
Presentation by Ron McNamara of the Midwest ISO to industry leaders at the 2006 New York Energy Adequacy Conference.
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Using Markets to Achieve Short-run Reliability & Long-run Resource Adequacy
2006 NY Energy Adequacy Conference
March 8, 2006
Presentation by John Chandley of LECG to industry leaders at the 2006 New York Energy Adequacy Conference on how markets can be used to achieve resource adequacy.
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Resource Adequacy Developments
2006 NY Energy Adequacy Conference
March 8, 2006
Presentation delivered by Rick Drom, leader of Powell Goldstein's Energy Practice Group, to industry leaders at the 2006 New York Energy Adequacy Conference.
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What is on Your Roof?
Real Estate Finance & Development
NetWORKS
February 23, 2006
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Securities 'Holder' Class Actions: The Supreme Court Takes a Close Look in 2006
Securities & Corporate/Financial Litigation
Securities Regulation & Law
February 20, 2006
ATTORNEYS
John R. Bielema
Michael P. Carey
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To Sell or Not to Sell
Real Estate Finance and Development
Georgia Bar Real Estate Section Newsletter
February 20, 2006
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Restructuring Public Hospital & Health Systems
Presentation to the UCLA Healthcare Management Goup / Collaborative - February 9, 2006
February 9, 2006
Larry Gage, who directs Powell Goldstein's Washington D.C. Health Practice Group, will make two presentations this week.: Thursday, February 9, he will address the Leadership Roundtable of the National Association of Public Hospitals and Health Systems in Las Vegas, Nevada, on "Restructuring Public Hospital & Health Systems."
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The Fiscal Year 2006 OIG Work Plan: A Road Map for Hospital Systems' and Physicians' Compliance Maintenance Programs
Health Care
February 1, 2006
On November 16, 2005, the United States Department of Health and Human Services (HHS), Office of Inspector General (OIG), published its Fiscal Year 2006 Work Plan.1 The primary purpose of the 2006 Work Plan is to articulate to the provider and supplier community the areas of highest risk in the programs and activities administered by HHS and to provide a road map of areas in which providers can expect the OIG to pursue enforcement activities.
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Driving Enrollment by Coordinating Marketing and Call Center Strategies
January 31, 2006
The new Medicare Part D prescription drug benefit program has been dominating healthcare headlines since its debut. Summer Martin recently spoke at the Medicare Part D: Driving Enrollment by Coordinating Marketing and Call Center Strategies seminar provided by Financial Research Associates, LLC. Ms. Martin's speech tackled the challenges of effectively explaining the Part D benefit to Medicare beneficiaries.
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SEC Clarifies Position on Imposing Civil Penalties on Public Companies
Securities, Corporate & Fiduciary Litigation
Securities Law 360
January 19, 2006
ATTORNEYS
W. Scott Sorrels
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2005 Georgia Business Organization Case Law Developments
January 17, 2006
ATTORNEYS
Thomas S. Richey
Last year produced a bumper crop of Georgia appellate decisions on issues of corporate, LLC and partnership law.
Tom Richey and the Firm's Securities, Corporate and Fiduciary Litigation Group has prepared this summary of the 2005 developments in relevant Georgia business organization case - including fiduciary duties in the sale of businesses; corporate and LLC derivative action issues; nonprofit corporation dissolutions; enforceability of LLC conflict of interest waivers; oppression claims in statutory close corporations; professional corporation shareholder buy-sell agreements; publicly-filed statements of partnership; and whether a corporation can pierce its own veil and what happens if it does
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The New Medicare Prescription Drug Act: Important Issues for Physician Practices
Medical Practice Management
January 10, 2006
ATTORNEYS
Steven Stranne
Beginning January 1, 2006, Medicare beneficiaries will have the option of enrolling in a new Medicare program covering prescription drugs. This article summarizes the new benefit, suggests the factors beneficiaries and their physicians might consider when selecting a prescription drug plan, and outlines practice implicaitons for physician offices.
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Sharing a Focused Litigation Strategy: Coventry & PoGo
January 1, 2006
ATTORNEYS
V. Robert Denham, Jr.
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Compliance Assessments
A First Step Towards Ensuring an Effective Compliance Program
Corporate Compliance & Regulatory Newsletter
ATTORNEYS
Carol D. Newman
In the brave new world following the passage of the Sarbanes-Oxley Act of 2002, companies are struggling to meet the challenge of developing effective compliance programs.
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Kelo: More Smoke than Fire for Atlanta Development
Ultimate Effect of Supreme Court Ruling May be Weakened Eminent Domain Power
Office and Commercial Real Estate Magazine
November 15, 2005
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Common Themes for a Successful Trial
Theme Development Can and Should be One of the Most Enjoyable Parts of Trial Preparation
Trial Technique Committee Newsletter
October 24, 2005
ATTORNEYS
Marlo Orlin Leach
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Industrial Designers and Designs - Presented to the Industrial Design Society of America, Georgia Chapter
October 19, 2005
ATTORNEYS
Jason A. Bernstein
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Electronic Medical Records on the Fast Track
Health Care
Counsel to Counsel
October 14, 2005
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Expansive Interpretation of Medicare DSH Formula Adopted by Appeals Board
Health Care
October 14, 2005
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SEC Acts to Provide Section 404 to Non-Accelerated Filing Companies and Amends Requirements in Connection With Periodic Report Filing Deadlines
Securities Exchange Commission
Counsel to Counsel
October 3, 2005
ATTORNEYS
John H. Horne
Katherine M. Koops
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Eleventh Circuit Finds Medicare Act Does Not Create Private Right of Action
"The Medicare Act does not create a private right of action for negligence."
Counsel to Counsel
October 3, 2005
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OIG Audits Oncology Practices
Health Care
Counsel to Counsel
October 3, 2005
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Going Private
Consider a Stock Reclassification to Conserve Your Bank's Capital
Independent Banker
October 1, 2005
ATTORNEYS
Katherine M. Koops
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Establishing Geographic Rights in Trademarks Based on Internet Use
Technology & Intellectual Property Litigation
The Trademark Reporter
October 1, 2005
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Free Speech and "Sucking" - When is the Use of a Trademark in a Domain Name Fair?
Technology & Intellectual Property Litigation
The Trademark Reporter
October 1, 2005
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New Source of Federal Funds for Emergency Care Presents Novel Challenges to Providers
Providers Must Weigh the Benefit of Receiving Reimbursement Versus the Costs of Complying
Journal of Healthcare Compliance
September 30, 2005
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S-Ox & Congressional Charitable Reform
New World for Non Profits?
September 29, 2005
ATTORNEYS
Michael H. Chanin
This White Paper summarizes discussions held at the Powell Goldstein/Grant Thornton Not-for-Profit Roundtable Michael I. Sanders, Senior Tax Partner with Powell Goldstein and Michael H. Chanin, also with Powell Goldstein, is a Partner who focuses his practice on corporate matters and trade associations.
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Once Upon an M&A
Litigation ... a Deal Falls Apart ... Lessons Are Learned
American Bar Association: Business Law Today
September 23, 2005
The article provides lessons from a recent case that dealt with "material adverse change" or "material adverse effect" clauses.
"Terrific article! Well written and very understandable. This article answers the questions I receive all the time on this topic from clients, bankers, and associates."
Frank Aquila, Sullivan & Cromwell LLP
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Developer Strategies to Limit Warranty Claims
Real Estate
September 23, 2005
ATTORNEYS
Colin W. Uckert
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Financing Housing Initiatives Through NAHASDA
Real Estate
September 23, 2005
ATTORNEYS
Colin W. Uckert
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Broadening the Base for Sub-S
Financial Institutions
Bank Director
Thanks to legislation that passed in 2004, more community banks may take advantage of the tax savings afforded to S-corporations. Mark R. Baran, an attorney with Powell Goldstein LLP in Washington, D.C., outlines what directors should know about S-corp conversions. To read this article please go to http://www.bankdirector.com/issues/articles.pl?article_id=11655
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The New Subchapter S Laws: A Boon for Community Banks
Financial Institutions
Banking Law Journal
August 2005
Recent tax law changes have created new opportunities and unanticipated pit-falls for banking institutions interested in making an S corporation election. A bank's decision to pursue S corporation status requires a reexamination of existing rules, planning and an evaluation of the benefits and risks associated withthree new tax provisions. These provisions increase the number of S corporation shareholders from 75 to 100, allow family members to elect to be treated as one shareholder, and expand bank S corporation eligible shareholders to include IRAs.
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Physician Heal thy Laws: Ten Steps to Becoming an Effective Citizen Lobbyist
Health Care
Journal of Medical Practice Managment
August 25, 2005
Rob Falk and health policy analyst, Lisa Shapiro, are the authors of an introductory guide to lobbying for physicians entitled "Physician Heal thy Laws: Ten Steps to Becoming an Effective Citizen Lobbyist." The article appeared in this month's Journal of Medical Practice Management, www.mpmnetwork.com.
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IRS Determines Certification Programs Constitute Unrelated Trade or Business for Section 501(c)(3) Organizations
Tax
ASAE Special Report
July 2005
This article discusses whether the administration of certification programs, defined herein as the formal process of ensuring that an individual is qualified in a particular knowledge or skill, may be deemed to be a charitable activity by the IRS.
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NIST September 11 Findings Will Drive Dramatic Building Code Changes
Some Companies May Face Pricey Renovations to Comply
Counsel to Counsel
July 2005
ATTORNEYS
Carl A. Gebo
Much has been learned from the events of September 11, but few jurisdictions have amended their building codes to incorporate what has been learned. With the findings of recent reports issued by the National Institute of Standards and Technology (NIST), however, building and fire codes are likely to be amended to reflect the knowledge gained through analysis of the World Trade Center (WTC) towers' collapse.
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Midwest ISO Energy Markets by Design
Energy
The Electricity Journal
June 2005
The experience of the Midwest ISO demonstrates that creative solutions can be developed to meet the unique needs of a region by implementing Energy Markets that reflect the requirements of the region while also adhering to sound economic principles.
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Escaping SOX
Reconsider Being a Public Company and Escape Sarbanes-Oxley Angst
ABA Banking Journal
May 2005
ATTORNEYS
Katherine M. Koops
As costs and burdens of federal securities law compliancecontinue to soar, Securities and Exchange Commission-reporting bank holding companies (and banks withoutholding companies that file SEC-compliant reports with FDIC)are increasingly questioning the value of remaining public.
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A Primer on New Markets Tax Credits
May 2005
ATTORNEYS
Colin W. Uckert
As explained in this article, the New Markets Tax Credit Program is a valuable tool for various participants in the real estate industry. Borrowers, lenders and investors all can benefit from thoughtful consideration of including the NMTC Program in their approach to financing real estate projects.
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When the Feds Come Knocking: Handling Communications in Times of Crisis
Health Care Fraud Report
April 27, 2005
One event that may cause terror in the hearts of health administrators is a federal investigator showing up on the doorstep. Another that can cause even more panic is the news crew following closely on the investigator's heels. It is a nightmare being experienced with increasing frequency as investigations become almost commonplace.
Just as a smart health administrator must have a plan for responding to an emerging investigation through a legal process, she must also be prepared for the onslaught of news coverage. We offer some rules that reflect fundamental principles that seem to guide the most effective crisis communications strategies.
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New Devices & Pharmaceuticals Presentation
April 26, 2005
ATTORNEYS
Steven Stranne
Presentation: New Devices, Pharmaceuticals and Related Services: Navigating the U.S. on Health Care Market by Dr. Steve Stranne.
This was presented at the April 26 Management Reform Program sponsored by Powell Goldstein and NAPH.
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Federal Impact on a Public Teaching Hospital
April 26, 2005
Presentation on the impact of Federal programs on a major public teaching hospital presented by Larry Gage and Charlie Luband at the recent Health Care Management Reform Program sponsored by Powell Goldstein and NAPH.
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Litigation Issues for Non-Profit Corporations & Charitable Organizations
Georgia Non-Profit Law Seminar Paper
April 21, 2005
ATTORNEYS
Thomas S. Richey
This paper discusses litigation issues that members, directors and officers of non-profit corporations and charitable organizations should be aware of.
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Falling Stock Prices?
Strategies and Considerations In Responding To a Lawsuit That May Impact Stock Prices
April 2005
Any type of lawsuit, be it a class action, a suit for discrimination or harassment damages a company's stock value disproportionately to the actual damages or relief sought by the plaintiff in its lawsuit.
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Patents Versus Trade Secrets - Breakfast Briefing Presentation
April 13, 2005
ATTORNEYS
Jason A. Bernstein
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Going Private/Staying Private
April 4, 2005
ATTORNEYS
Katherine M. Koops
A comprehensive presentation on why and how Community Banks are going private.
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Non-Debtor Transfers May Qualify For §1146(c) Exemption
American Bankruptcy Journal - February, 2005
ATTORNEYS
Robert M.D. Mercer
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Fraud and Abuse Enforcement Trends for 2005
What's Hot for Physicians and Physicians Practices
Medical Benefits - March 15, 2005
Preventing physician fraud and abuse will
continue to be a focus for the Office of the
Inspector General (OIG) in 2005. Based on past
enforcement actions and the OIG's work plan for
2005, [here are my] top areas of focus for the OIG
in 2005.
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Lee V. Hospital Authority Decision
On January 27, 2005, the Eleventh Circuit issued a per curiam decision affirming that a hospital's National Data Bank report concerning an investigation into an on-staff physician, and the voluntary dismissal of his privileges, was proper; the decision also reinforces that Georgia courts are to give considerable deference to hospitals when reviewing hospital staff privilege decisions.
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GROW SMART: Trademarks and Branding Strategies -- Presentation to the Independent Community Bankers of America 2005 Annual Convention
March 10, 2005
ATTORNEYS
Jason A. Bernstein
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Questions About the Antitrust Division's Application of Its Corporate Leniency Policy in Light of the Parcel Tanker Shipping Bid-Rigging Investigation
The Transportation Antitrust Update, Winter 2005
The parcel tanker shipping industry has recently been subjected to a criminal antitrust investigation resulting in indictments and a number of plea agreements. Questions about the Department of Justice's ("DOJ") Corporate Leniency Policy, in which the Antitrust Division will grant amnesty from criminal prosecution to corporations that come forward to report illegal activity, have been raised by DOJ's handling of that amnesty. Specifically, DOJ has granted amnesty to individuals and
corporations, then attempted to revoke those grants of amnesty.
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New, Phase 1 Environmental Standards
All Appropriate Inquiries Under Cercla
ATTORNEYS
Joan B. Sasine
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A Patient, and Internet Article, and Thou: Challenges of the Internet in Clinical Practice
Medical Practice Management
February 2005
This article addresses issues a physician should consider when
responding to medical research gathered by a patient from the
Internet, discussing both potential medical malpractice liability
and offering specific, recommended responses for physicians
whose patients conduct online medical research.
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New House Committee Assignments
109th Congress
January 25, 2005
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New Senate Committee Assignments
109th Congress
January 25, 2005
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State Law Securities "Holding" Claims and SLUSA Preemption
ABA, Securities Litigation Journal, Volume 15, No. 1, Fall 2004
ATTORNEYS
John R. Bielema
Michael P. Carey
Article on the "holding claim", a subset of securities fraud litigation, long disfavored under federal law and until recently largely ignored under state law.
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Charities Should Protect Themselves
National GIft Planning Council Newsletter
Planned gifts are an increasingly important source of revenue for charitable institutions. The proliferation of planned giving programs has led to an increasing awareness of various forms of charitable bequests and has also resulted in charitable institutions working closely with clients to incorporate various types of planned gifts into their estate plan. At the same time, it is commonplace for heirs of a decedent to have a sense of entitlement to that individual's estate even though there is no legal entitlement on their part. When these factors are combined with an increasingly litigious society, there is a clear and present danger for charities that planned gifts may be challenged by disgruntled heirs who feel that they, rather than the charitable institution, should be receiving all of the decedent's assets. This article will discuss steps that charities can take to protect their planned gifts and to help insure that they withstand challenge. The answer is often that common sense and ethical behavior will prevent problems.
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Current Problems in Special Investigations
November 19, 2004
ATTORNEYS
Daniel G. Ashburn
Jennifer Devine Odom
W. Scott Sorrels
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Recent Developments in Securities "Holding Claim" Cases
November 19, 2004
ATTORNEYS
John R. Bielema
Michael P. Carey
"Holding claims" are getting attention in the wake of corporate governance and accounting scandals.
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An Overview of Securities and Federal Securities Regulations
ATTORNEYS
Jennifer Devine Odom
W. Scott Sorrels
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Think that Your Licensee Client's Rights under Section 365(n)of the Bankruptcy Code Are Safe? Think Again!
2004
ATTORNEYS
Robert M.D. Mercer
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Benefit of counsel: do the benefits of competitive wholesale markets truly exceed the costs?
Energy: Electric Light & Power
September 1, 2004
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Workers' Compensation Coverage of Deployed Personnel Under the Defense Base Act
August 8, 2004
An increasing number of government contracts have been entered into in connection with the fight against terrorism and the post-war reconstruction of Iraq. As a result, many government contractors have deployed a large number of their personnel overseas, in hostile territories. This article assesses the extent to which workers' compensation insurance purchased by a contractor will cover personnel who have been deployed overseas to perform work under a government contract.
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Mergers and Acqusitions: Revenue Ruling 2004-11: The IRS Starts Climbing the M&A Mountain
Journal of Pension Benefits, Spring 2004, Vol. 11, Number 3, Copyright 2004
June 30, 2004
It is encouraging to see the IRS and the Treasury attempting to tackle some of the complex issues raised by company acquisitions and dispositions. Practitioners have had to deal with these questions for years in an uncertain environment. Probably the most positive development is that the government is seeking practitioner input on these issues. Nonetheless, we recognize that the Section 410(b) transition period rules are just the tip of the M&A iceberg.
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Problems in Director and Officer Indemnification
June 18, 2004
ATTORNEYS
Thomas S. Richey
Presented at the 7th Annual Corporate Seminar Including Partnership and Limited Company Litigation, November 21, 2003, sponsored by ICLE, Georgia.
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Exculpation and Indemnification of Directors and Officers of Georgia Corporations
June 17, 2004
ATTORNEYS
Thomas S. Richey
Presented at the 7th Annual Corporate Seminar Including Partnership and Limited Company Litigation, November 21, 2003, sponsored by ICLE, Georgia.
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Corporate Litigation Issues Under the Sarbanes-Oxley Act
June 16, 2004
ATTORNEYS
Thomas S. Richey
Presented at the 6th Annual Corporate Litigation Seminar, November 22, 2002, sponsored by ICLE, Georgia.
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Ways to Reduce Risk in Board Evaluations
June 16, 2004
Effective in 2004, companies subject to the listing requirements of the New York Stock Exchange will face the prospect of conducting up to four separate "performance evaluations" for their boards and board committees.
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Benefits & Risks to Medicare Administrative Contractors
BNA Medicare Report, Vol. 15 No. 20, May 14, 2004
May 14, 2004
Bruce Shirk and Alan K. Richards of the Medicare Administration Committee wrote an article published by BNA on the need of carriers and intermediaries to assess benefits and risks of being Medicare administrative contractors.
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Homeland Security Update: The SAFETY Act Interim Regulations
Government Contracts
May 2004
To assist in achieving the purpose of the SAFETY Act, the Department of Homeland Security published an interim rule in the Federal Register Oct. 16, 2003, setting forth the regulations implementing the SAFETY Act. The same day, DHS made publicly available the SAFETY Act Application Kit. Together they seem to embody the DHS' regulatory guidance on meeting the purpose of the SAFETY ACT, but there is some debate as to whether these two documents sufficiently satisfy the purpose of the SAFETY Act.
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The Enron Litigation: Lots of Noise, Only a Little Substance So Far
Journal of Pension Benefits
May 6, 2004
As practitioners, we must spend more time advising our corporate clients of the duties that the board of directors, the administrative committees, and the trustees assume when they sign on the dotted line, so that they approach their jobs with more solemnity than they may have in the past. It is incumbent upon those hearing this advice to listen and to act on it.
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Sidestepping the Pitfalls of Plan Administration
Journal of Pension Benefits, Winter 2004, Vol. 11, Number 2.
May 6, 2004
It is possible to draw a complete roadmap to what it takes for a plan and a TPA firm to run perfectly. However, acknowledging and addressing the pitfalls in this article can give both the plan sponsor and the service provider an edge on having a good result. Article republished with permission from the Journal of Pension Benefits, Winter 2004, Vol. 11, Number 2, Copyright 2004, Aspen Publishers, Inc. All rights reserved. For more information call 800-868-8437 or visit www.aspenpublishers.com
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Be Careful What You Wish For: The Proposed 401(k) Regulations Are Here!
Journal of Pension Benefits, Winter 2004, Vol. 11, Number 2.
May 6, 2004
It is good to have additional guidance about 401(k) plans. Nonetheless, much of the proposed regulations appear likely to make administering these plans more complicated, and plan administrators are left with no resolution to commonly asked questions. Article republished with permission from the Journal of Pension Benefits, Winter 2004, Vol. 11, Number 2, Copyright 2004, Aspen Publishers, Inc. All rights reserved. For more information call 800-868-8437 or visit www.aspenpublishers.com.
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Medicare Warns Physicians About Added Charges for Covered Services
April 16, 2004
On March 31, 2004, the Department of Health and Human Services, Office of the Inspector General, issued a press release warning physicians about charging Medicare beneficiaries for services already paid for by Medicare. In the alert, Acting Principal General Dara Corrigan expressed deep concern about physicians asking patients to pay additional fees for services already covered by Medicare.
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Financing Growth Memorandum - March 2004
March 16, 2004
This memorandum summarizes the key elements, advantages and disadvantages of several alternatives available for a bank with a holding company to finance its growth, including correspondent bank debt, trust preferred stock, convertible subordinated debentures, preferred stock and common stock.
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AOD 2002GC - Lump Sum Agreement
March 3, 2004
Between Owner and Contractor
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A year later: Where's the 'home' in Homeland Security?
February 23, 2004
As we begin 2004, the Department of Homeland Security celebrates its first anniversary without a permanent home. DHS was created on Jan. 24, 2003, from 22 components of eight government departments or agencies and yet still shares its headquarters with the Navy in an outdated campus on Nebraska Avenue in Northwest DC.
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Iraqi Reconstruction: Transparent and Open?
Government Contract Litigation Reporter, Volume 17, Issue 19, 1/15/2004
January 15, 2004
Attorney Jessica C. Abrahams of Powell Goldstein Frazer & Murphy LLP discusses the availability of new contracts for the federal government's Iraqi reconstruction effort in the wake of widespread criticism over large sole-source awards.
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Terror Rule Poses Risks
December 29, 2003
Nancy Kuhn's article on Section 501(p) of the Internal Revenue Code, which suspends the tax-exempt status of "terrorist organizations," blocks assets and lists the organization's name on the "Specially Designated Nationals (SDN) List" identifying it as a terrorist organization.
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Are All Things Royal in Royalties?
Tax Notes International and Worldwide Tax Daily, December 2003
December 18, 2003
A Comparison Between Two Treaties by Zion Levi
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Limitations on Government Contractor Liability After 9/11
Andrews Government Contract Litigation Reporter, Volume 17 Issue 8
November 19, 2003
An article by Bruce Shirk and Jennifer Gartner on emerging issues and how government contractors liability is becoming limited in the wake of 9/11.
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Drafting Tips To Help Protect Licensee Rights In The Event Of a Licensor Bankruptcy
2003
ATTORNEYS
Robert M.D. Mercer
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Georgia Intangible Recording Tax in Multi-State Transactions
October 15, 2003
Seminar Presentation by Marc Glenn and John Parks at the Dixie Land Title Association's October 13, 2003, meeting.
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Beating the "Capital Crunch": How to Secure Funding in a Tight-Fisted Market
October 10, 2003
During times of economic uncertainty, the question facing today's CEOs and CFOs is: How do we attract sources of capital to fund our businesses? For the answer, we called on our extensive experience in the world of lending and investing and our colleagues in various financial markets for advice on how your company can beat the "capital crunch."
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Upcoming Changes to the H-1B Visa Program
October 2, 2003
Beginning October 1, 2003, the numbers of H-1B visas available will drop to 65,000, a decrease of almost two-thirds from the 195,000 available during the past few years. If history repeats itself, H-1B numbers may run out before October 1, 2004, which is the beginning of the government's next fiscal year and the date that numbers will be available again for 2004. The lack of H-1B visa availability will cause significant problems for U.S. businesses and their foreign national employees.
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Immigration Update - DV-2005 IMMIGRANT VISA LOTTERY FOR 2003-2004
September 3, 2003
We have just received information regarding this year's version of the annual "lottery" for United States immigrant visas. Known as the "DV-2005" lottery, this program provides an opportunity for certain foreign nationals to participate in a special lottery of 50,0001 immigrant "green card" visas.
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Drastic Limitations Proposed For Intracompany Transfers and Professionals
July 31, 2003
Legislation recently introduced in both the House and Senate proposes to drastically limit the L-1 and H-1B programs for intracompany transfers and professional workers, respectively. Representative Nancy Johnson and Senator Chris Dodd, both of Connecticut, introduced parallel bills, H.R. 2849 and S. 1452. Representative John Mica of Florida introduced H.R. 2154 and Representative Rosa De Lauro of Connecticut introduced H.R. 2702, which include similar provisions.
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In Compliance
July 11, 2003
ATTORNEYS
Katherine M. Koops
The Sarbanes-Oxley Act: New Guidance for Public and Private Banks
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When Does a Contractor Claim Become a Receivable?
Construction Claims Monthly
May 27, 2003
Construction Claims Monthly
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Multiple Award Contract Task Orders: Streamlined Procurement vs. Fair Competition
May 27, 2003
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States, Paint Industry Agree on Lead Warnings
May 22, 2003
An article published in the Tuesday, May 13, 2003 issue of the Washington Post featuring Andrew Miller, Of Counsel, in a discussion on the American Paint Industry's agreement aimed at reducing the frequency of lead poisoning caused by old paint.
Andrew Miller focuses his practice in the area of government relations with an emphasis on state-based issues.
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Best Practices for Nonprofits to Stop Unintended Funding of Terrorists
May 20, 2003
Reproduced with permission from Daily Tax Report, No. 96, pp. J-1 - J-4 (May 19, 2002). Copyright 2003 by the Bureau of the National Affairs Inc. (800-372-1033)
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Homeland Security Still in the Hunt for Office Space
May 15, 2003
An article from the May 9, 2003 print edition of the Washington Business Journal
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How States Measure Up for Homeland Security
April 30, 2003
A Summary compiled by Powell Goldstein's Homeland Security Practice Group of homeland-security actions undertaken by all 50 states.
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Mergers and Acquisitions: Murder on the M&A Express: How Benefits Killed the Deal
Journal of Pension Benefits, Issues in Administration, Design, Funding and Compliance. Volume 10, N
April 4, 2003
How are we doing resolving the problems with the acquisition? I asked. Bang! And then a shot rang out. ...The deal is dead, my client told me. We decided not to pursue it. This was the first time that I had ever witnessed a deal being killed by benefits problems. I'd heard stories. It wasn't pretty.
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Congress Avenges Corporate Fraud: The Sarbanes of a Benefit Professional's Existence
Journal of Employee Benefits, Issues in Administration, Design, Funding and Compliance. Volume 10,
March 17, 2003
Intended, at least in part, to protect 401(k) plan accounts from the effects of corporate fraud, the Sarbanes-Oxley Act has missed its mark. Many of its benefits-related provisions merely impose burdensome administrative requirements on plans without offering plan participants any real protection.
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Making a Prima Facie Case for Solemn Form Probate after Singelman v. Singelman
February 5, 2003
For over 150 years, the Georgia Supreme Court consistently held that to make a prima facie case to probate a contested will in solemn form, all living witnesses to the will who are also subject to the jurisdiction of the court must be produced by the one offering the will as the valid will of the deceased testator, the propounder
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Client Alert: Squeezing the Balloon- Soft Money After McCain-Feingold
February 4, 2003
The actual effect of the McCain-Feingold or Shays-Meehan bill has shifted soft money contributions away from federal officeholders and the national political parties and towards state political parties and other political organizations. This issue discusses basic provisions of BCRA, raising and spending soft money after McCain-Feingold, and practical advice for responding to soft money solicitations.
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Federal Procurement after September 11th.
Government Contracts
ATTORNEYS
G. William Speer
The tragic events of September 11th have had a dramatic impact on American life and American business, including the business of Federal contracting.
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Homeland Security, the War on Terrorism & Economic Revitalization
President Bush sent his Fiscal Year 2003 budget to Congress on February 4, 2002. The budget focuses on 3 priorities: strengthening protections of our homeland, winning the war on terrorism, and revitalizing the economy and creating jobs. In addition to increased defense spending by 12%, spending for homeland security is nearly doubled and a major theme in the budget.
Our Government Relations practice has prepared an succinct analysis of the administration's proposed budget.
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The Multi-faceted Crisis in Infection Control
October 31, 2002
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Predatory Mortgage Lending Laws
October 28, 2002
This Table summarizes the basic scope and requirements of the predatory mortgage lending laws and regulations enacted or implemented by States as of October 15, 2002. This Table does not consider city, county or other local ordinances, except to note where the State has enacted a law to prohibit or restrict local ordinances.
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SEC Proposes New Sarbanes Oxley Rules: Disclosure Requirements and Restrictions on Improper Influence of Auditors
October 23, 2002
A comprehensive review of the Securities and Exchange Commission's latest proposed rules of the far-reaching corporate governance reforms of the Sarbanes Oxley Act.
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Employee Benefits in Mergers and Acquisitions
October 14, 2002
ATTORNEYS
Thomas R. McNeill
Louis C. Spelios
The book is a Panel publication (which is a subsidiary of Aspen Publishers). It can be purchased from their web site, www.aspenpublishers.com under its Pension & Benefits tab (or search by name).
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Tax Ideas & Strategies
October 14, 2002
ATTORNEYS
Anthony R. Boggs
Like-Kind Exchanges and Partnerships
S Corporation With ESOP Should Consider S Corporation Status
Bank Customer Service Opportunity: Tax Deferred Exchange Qualified Intermediary Program
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Opportunity and Risk: Securing Your Piece of the Homeland Security Pie
September 26, 2002
An incisive article by Bruce Shirk on Homeland Security appropriations. Law Journal Newsletters: LJN'S Equipment Leasing Newsletter, September 2002
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What's New in M&A? Scrambled EGTRRA with a Side of Enron
August 16, 2002
EGTRRA's repeal of the same-desk rule and addition of catch-up contributions created problems unique to 401(k) plans in an M&A context - problems that Treasury has addressed in an IRS notice and proposed regulations.
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PoGo Antitrust Bulletin - August 2002
August 8, 2002
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Exposing The Analytical Gap: How To Challenge A RADS Diagnosis
Mealey's Emerging Toxic Torts, Vol. 10, #16, November 16, 2001
June 12, 2002
In 1985, a physician named Stuart Brooks published an article that coined the term Reactive Airway Dysfunction Syndrome ("RADS") to refer to a highly specific variant of asthma.
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The Availability of Daubert Hearings: A Circuit by Circuit Perspective
Mealey's Emerging Toxic Tors, Vol. 10, #2 - April 20, 2001
June 12, 2002
Your opposing counsel has hired an expert to testify at trial. Both you and your expert question the reliability of the opposing expert's findings. You plan to challenge the opposing expert's testimony and try to prevent some, if not all, of it from being heard at trial.
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Epidemiology in the Courts: How Necessary is the Best Evidence of Causation?
Mealey's Emerging Toxic Torts, Vol. 10, #21 - February 1, 2002
June 12, 2002
ATTORNEYS
Matthew L. Mattila
Epidemiology, or the study of "incidence, distribution , and etiology of disease in human populations," has commonly been touted as the "best evidence of causation" in toxic tort actions.
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Report To Clients
June 10, 2002
An overview of Powell Goldstein's service to our clients in 2001 and 2002
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A Rose Is A Rose Is A Rose: MCS By Any Other Name Is Still Not Good Science
May 23, 2002
A commentary article reprinted from the July 7, 2000 issue of Mealey's Emerging Toxic Torts.
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S-Corporations
ATTORNEYS
Kathryn Knudson
S-Corporation considerations - memo from our Financial Institutions group.
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Choice of Business Entity
ATTORNEYS
Anthony R. Boggs
The form of entity through which you choose to transact your business is a crucial decision for its future. In this presentation we discuss certain issues you should consider when making this choice.
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Estate and Gift Tax Changes
As many of you have read in the newspapers, Congress has passed, and President Bush is expected to sign, legislation which makes significant changes in the estate and gift tax provisions of the Internal Revenue Code. These changes will affect the estate plans of most of our clients over the next decade. The purpose of this memorandum is to alert you to these changes so that they ultimately can be reviewed in conjunction with your own estate plan.
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Ethics and Professionalism
ATTORNEYS
Colin W. Uckert
Always do right; this will gratify some people and astonish the rest. - Mark Twain.
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HIPAA Privacy Regulations PowerPoint Presentation
A PowerPoint presentation to the Association of Health Center Affiliated Health Plans by Powell, Goldstein attorneys Robert Falk and Hemi Tewarson that examines the implications of privacy regulation for health plans.
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HIPAA: Update Clarifying HIPAA Privacy Compliance Rules
An update on HIPAA's Privacy Compliance Rules
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HIPAA's New Privacy Regulations
We have prepared a downloadable comprehensive guide to HIPAA'snew Privacy Regulations in PDF format.
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IRS Proposals for Capitalization of Intangible Assets and Benefits
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New Markets Tax Credits
The Community Renewal Tax Relief Act, enacted in December 2000, amended the Internal Revenue Code by adding IRC Section 45D, New Markets Tax Credit. This new section requires the Secretary of Treasury to establish an incentive program to invest in distressed urban and rural communities in the form of a tax credit over seven years.
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New Tax Law Increases the Benefits of Subchapter S
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Organizational Structuring
A new perspective on the role of tax exempt organizations in partnerships and joint ventures
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Participant Loans: So, What's Still Bothering You?
Here we are, nearly 20 years after Congress enacted Code Section 72(p), and we still find that participant loans are one of the greatest challenges to effective and efficient plan operations. Why is that?
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Starting Out Smart
Starting out and little or no income, when many law students finally realize their dream and start earning a lot of money, they want it all a new car, upscale condo, nice clothes, dinners out. What they don't realize and what law schools and firms aren't teaching is what to do with that paycheck. Instead of rushing out to spend it, they need to devise a plan to pay off their credit cards and student loans, save up a down payment, and invest in their future. Here's a wealth management primer.
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Summary of Final Regulation Regarding Medicaid Upper Payment Limits
A summary of the Health Care Financing Administration (HCFA) final regulation revising the methods by which states must calculate the regulatory "upper payment limits" that apply to Medicaid payments. This regulation will have a significant impact on the flexibility states have in reimbursing all providers.
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The Effects of September 11th on Chariable Giving:
The September 11th tragedy is one of many factors with impact on charitable giving.
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Federal Laws and Regulations Impacting Real Estate Transactions
ATTORNEYS
Colin W. Uckert
Federal laws, regulations and practices have a profound impact on real estate and particularly on real estate finance transactions. Note, for example, that most transaction legal opinions state that counsel expresses opinions as to the laws of a particular state (or states) and all federal laws.
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Recent Developments on EMTALA
A powerpoint presentation by Adrienne E. Marting with an overview of the Emergency Medical Treatment and Active Labor Act ("EMTALA"), including a recent developments.
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Toxic Mold Litigation in the Residential Context
May 1, 2002
ATTORNEYS
V. Robert Denham, Jr.
PowerPoint Presentation
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FMLA Leave Is No Longer Triggered
April 4, 2002
In its first decision interpreting the Family and Medical Leave Act, the United States Supreme Court struck down a Department of Labor regulation stating that, until employers expressly designated time off taken by an employee as FMLA leave, such leave did not count against the employee's twelve week FMLA entitlement.
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New Law Need Not Be a Burden to Contracting
April 1, 2002
Article by Mary Baroody Lowe examines the GSA's Multiple Award Schedule and the defense department's new awarding task orders.
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What to Expect in an IRS Audit of a Bank
March 28, 2002
ATTORNEYS
Frank A. Crisafi
Although there have been relatively few IRS audits of community banks in the past, the IRS recently announced that it will increase its audits of community banks, especially where they have investments in partnerships.
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Now You Can Start Your Own PAC
March 1, 2002
Passage of Campaign Finance Reform Will Promote More Nonconnected PACs
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The Tax Relief Act of 2001, Death and Reincarnation of the Estate Tax
February 2002
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Public Hospitals Financial Crisis
November 14, 2001
Our public hospitals are in a financial crisis. With closings, program cut backs and staff shortages, is our safety net unraveling?
In his capacity as President of the National Association of Public Hospitals & Health Systems, Washington Partner Larry Gage was a featured speaker in a policy briefing on Capitol Hill. To read the complete text of his briefing please click on More.
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Money Laundering Provisions of The Antiterrorism Bill
November 1, 2001
An overview of the new statute that places particular focus on account relationships between banks and accounts maintained for foreign persons and institutions. United States financial institutions are subject to prohibitions against certain financial transactions and account relationships as well as enhanced due diligence and "know your customer" standards in their dealings with foreign financial institutions and foreign customers.
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Review of the contending Patient Bills of Rights
August 9, 2001
A summary of the key differences between S.1052 and H.R. 2563 and the Norwood Amendment.
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