Practice Tip: The Medicare Second Payer Statute
On Jan. 1, 2010, extensive new Medicare reporting obligations took effect. They apply to insurance companies and other businesses, including product liability and toxic tort defendants that make payments to Medicare beneficiaries as a result of verdicts or settlements resolving liability claims.
Features
A Daubert Checklist
Courts of appeal historically affirm more than 85% of all trial court <i>Daubert</i> decisions. Trial courts will get it right the first time if you follow this tried-and-true checklist.
Can Your Retirement Plan Survive an ADEA Claim?
The Supreme Court has held that, where an employer adopts a pension plan that includes age as a factor, and the employer then treats employees differently based on pension status, an employer will only be liable for disparate treatment under the ADEA if the plaintiff can adduce sufficient evidence to show that the differential treatment was actually motivated by age and not pension status.
Effective Retention of Your Best Talent
New challenges spring from the excess, for the time being, of supply over demand for legal services. Smart firms are using this as an opportunity to reshape their model and to attract and retain lawyers
Managing the Compensable Workday in a New Electronic World
What is work? When does the workday begin and end? These seemingly easy questions are not so easy anymore. Here's why.
Features
COBRA Subsidy Extended; Further Extensions Likely
In the midst of the ongoing health care reform debate, Congress was able to unanimously agree on retroactively extending the Federal 65% COBRA health care premium subsidy for workers involuntarily separated.
When It's Better to Be in Bed with the IRS
Individuals who live above their means generally pay off their marital debt with a portion of the proceeds from the sale of the marital home. But what happens when the client and his or her spouse have been living above their means by failing to file their federal and state income taxes?
Text Messages Providing TMI for Divorce Lawyers
Divorce lawyers have found a new smoking gun to wave around in court: text messages. The unfaithful, in particular, are paying a high price for their salacious messages.
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MOST POPULAR STORIES
- Use of Deferred Prosecution Agreements In White Collar InvestigationsThis article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
- Developments in Distressed LendingRecently, in two separate cases, secured lenders have received, as part of their adequate protection package, the right to obtain principal paydowns during a bankruptcy case.Read More ›
