Articles

11.17.14

How Consumers Might Game the 90-Day Grace Period and What Can Be Done About It

Under the Patient Protection and Affordable Care Act (ACA), individuals receiving a federal subsidy are entitled to a three-month premium nonpayment grace period. As long as such an individual has paid at least the first month's premium of the year, in any subsequent month the individual has ...


11.01.14

Do We Need #consent?; Navigating Legal Issues In the Twittersphere

In today's digital age where consumers rely heavily on social media for news and entertainment, it has become increasingly common for companies to join the conversation on popular platforms such as Twitter, Facebook and Instagram. Whether through live tweeting to followers during a nationally ...


11.01.14

Terms and Conditions

Failing to ensure that your digital campaign is in compliance with legal and regulatory guidelines on customer privacy and data security can have negative-- and long-lasting-- repercussions. Here's a checklist to help keep you on the right side of the law.Even the tech-savviest marketing ...


11.01.14

The Total Concession P3 - Now Entering U.S. Markets

Unlike European nations where public-private partnerships (P3) have been a fundamental format for major infrastructure projects, we have been traditionally shy to embrace them here in the United States until recently. Yet that is beginning to change. Without the big budgets to build desperately ...


10.31.14

Who Is Heading To The Polls?

I am often asked why the likely voter polling data, especially in New York State, has been consistently off target on the margin of victory over the last decade and a half. My response is always the same: The polling data itself is not usually the problem, it is the likely voter screens that are ...


10.31.14

NFL Films Ruling Reverses Course, Blurs Right Of Publicity

Earlier this year the Seventh Circuit stated that "there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights."[1] That lack of consensus has deepened with an Oct. 10, 2014, memorandum and order from the U.S. District Court for the ...


10.27.14

A Boost In Funding CA's Infrastructure Projects

California's local governments and developers received a potentially significant boost on September 29th with passage of Senate Bill 628 (44-31 Assembly; 21-13 Senate). SB 628 gives local governments the authority to establish Enhanced Infrastructure Financing Districts (EFIDs). Adding this new ...


10.24.14

The Multifamily Upcycle Still Has Legs

The multifamily for-rent housing sector remains strong and is continuing to attract capital investment. With demand for apartments consistently increasing over the past few years, efforts to develop sufficient supply has lagged behind. This trend appears to be setting the stage for investments in ...


10.17.14

Governor Races Are Key to 2016 Election

In terms of governing, the battle for partisan control of the United States Senate is the most important political contest on this year's ballot. But for those trying to read the tea leaves for early signs of advantage heading into the 2016 presidential contest, the governors' races will be the ...


10.13.14

'Health Care'-Related Calls: Ambiguity at the Intersection of HIPAA and TCPA

The Federal Communications Commission (FCC) has established exemptions from certain requirements of the Telephone Consumer Protection Act (TCPA) for health care messages regulated under the Health Insurance Portability and Accountability Act (HIPAA). Although this exemption initially appears to ...