• 04.20.12

    Unintended Environmental Consequences of the Demise of Redevelopment in California

    California has a rich history of seizing opportunities that, at first glance, seem perilous. Following a significant industrial and manufacturing era in California, many communities in the state were saddled with properties contaminated with hazardous substances. These brownfields properties were ...

  • 04.20.12

    Were Those Jeans Really 'Born In The USA'?

    The Federal Trade Commission has closed its investigation into the legality of advertising claims made by Lucky Brand Dungarees Inc. The FTC initiated the inquiry in an effort to determine if Lucky Brand’s claims that its clothing is “hand crafted in America,” “born in ...

  • 03.26.12

    You've Got to Know When and How to Ask: A Look at Eight Years of 'Certified' Questions to the ...

    Until very recently, federal and out-of-state courts confronting an unsettled issue of California law were forced to guess at how the California Supreme Court would resolve the issue and then undertake to decide the case. Neither federal courts sitting in diversity nor sister-state courts applying ...

  • 03.23.12

    'Macomber' Highlights Danger In Appealing Fee, Cost Awards

    Isn't appealing from the judgment sufficient to challenge a fee or cost award made pursuant to that judgment? Sometimes, but frequently not.Like other notice-of-appeal issues, there are plenty of traps for the unwary who appeal fee and cost awards. When and how to appeal depends on a number of ...

  • 12.19.11

    Key Takeaways From HHS Newly Released Guidance on Exchanges

    On Nov. 29, 2011, the Department of Health and Human Services (HHS) released new guidance on the implementation of affordable insurance exchanges, in the form of a questions-and-answers document and an amended funding opportunity announcement for exchange establishment cooperative agreements.This ...

  • 09.16.11

    Sequestration and Medicare: The Two Percent Solution?

    Congress passed and President Obama signed into law on Aug. 2 the Budget Control Act of 2011 (BCA) to increase the federal debt limit and avoid a projected default on U.S. government obligations. The BCA made reductions in future federal spending. It also created a process through which the Office ...

  • 08.03.11

    CMS Proposed Rule on Health Benefit Exchange Implementation

    In mid-July, the U.S. Department of Health and Human Services (HHS) issued a proposed rule on the establishment of American Health Benefit Exchange (‘‘Exchanges’’) and Qualified Health Plans. These regulations largely codify Affordable Care Act (ACA) requirements, with some ...

  • 08.01.11

    Ten Key Privacy Issues for Health Information Exchanges

    Community-wide electronic health information exchanges (HIEs) are a centerpiece of current federal health care policy. HIEs are likely to play an important role in the development of accountable care organizations, the “meaningful use” of electronic health records under Medicare and ...

  • 07.18.11

    Supreme Court Strikes Down Vermont Prescriber Data-Restriction

    On June 23, the U.S. Supreme Court struck down Vermont’s law restricting the sale, disclosure, and use of pharmacy records that reveal the prescribing patterns of individual physicians. Vermont and other states with similar laws argue that these laws both protect physician privacy and curtail ...

  • 07.15.11

    Finality & Remittitur: What Goes Up Must Come Down

    Sir Isaac Newton and Sammy Davis Jr. (courtesy of Blood, Sweat and Tears) understood a universal law: What goes up, must come down. This applies as much to appellate litigation as gravity. Cases start and end in the trial court. The notice of appeal is the jurisdictional document (filed by a ...

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