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New Anti-Kickback Law 'Safe Harbors' Proposed Image

New Anti-Kickback Law 'Safe Harbors' Proposed

Francis J. Serbaroli

The problems of poor-quality or unnecessary care were caused, in part, by the fee-for-service payment system that was in effect for generations. The fee-for-service model unfortunately offered the wrong incentives to dishonest or poor-quality providers to maximize revenue by maximizing services regardless of the quality or the medical necessity of the services provided.

Federal Circuit To Revisit Patent Exhaustion <i>En Banc</i> Image

Federal Circuit To Revisit Patent Exhaustion <i>En Banc</i>

Guy Yonay

The Federal Circuit is set to hear argument <i>en banc</i> in <i>Lexmark International, Inc. v. Impression Products, Inc.,</i> a case involving two critical aspects of patent exhaustion.

The Greatest Article Ever Written on Puffery! Image

The Greatest Article Ever Written on Puffery!

R. Scott Oswald & Adam Augustine Carter

What might ordinarily be run-of-the-mill puffery can be transmogrified into large scale liability for a company where the company representative knows what he or she says is not reasonably supportable. A look at some recent cases.

Features

Crackdown on Offshore Tax Evasion Not Slowing Down Image

Crackdown on Offshore Tax Evasion Not Slowing Down

Robert J. Alter

The DOJ Tax Division and the IRS have been ramping up an intense crackdown on offshore tax evasion, and the IRS's reduced resources due to new budget cuts is having no effect on IRS enforcement initiatives in this area.

Features

Drawing the Line Between Fact- and Expert-Witness Testimony Image

Drawing the Line Between Fact- and Expert-Witness Testimony

Joshua Becker & Sarah O'Donohue

As is often the case in product liability lawsuits, the recent bellwether trial in the Risperdal litigation involved several disputes about the admissibility of expert testimony. However, one such dispute is notable because the "expert" testimony in question was actually from a fact witness.

Features

Tips for Investors: Don't Lock Out Unionized Targets Image

Tips for Investors: Don't Lock Out Unionized Targets

Thomas G. Spencer & Philip E. Garber

There's something about the idea of dealing with unions that just plain intimidates investors. Both financial and strategic investors often instinctively reject the idea of acquiring unionized companies. This can be a mistake.

Features

International Design Patent Filing Considerations After U.S. Entry into the Hague Agreement Image

International Design Patent Filing Considerations After U.S. Entry into the Hague Agreement

Trevor K. Copeland & Daniel A. Parrish

Effective May 13, 2015, applicants can file international design patent applications in a single, standardized application via the USPTO designating any of more than 62 territories, including the U.S. and European Union (EU), and can receive the same effective filing date in each jurisdiction. This important opportunity comes as the U.S. accedes to the Geneva Act of the Hague Agreement.

Features

Public-Private Partnerships Image

Public-Private Partnerships

Jennifer Bales Drake

Public-private partnerships (P3s) have been gaining increased favor in the U.S. as a way for the public sector to harness the expertise and efficiencies of the private sector in meeting the infrastructure and social needs of local and state governments. Here are some tips for in--house counsel.

Features

The 2015 Employer Mandate Is Here Image

The 2015 Employer Mandate Is Here

Jennifer S. Kiesewetter

The year 2015 is already half over ' which means that the Affordable Care Act's (ACA) employer "play or pay" mandate, which has been delayed, in total or in part, twice, is very much in play. On July 2, 2013, the Administration delayed the employer mandate for employers with more than 50 employees until 2015. Then on Feb. 10, 2014, the Administration extended time to provide health insurance to full-time employees to certain employers.

Features

Fighting to Win: A General Counsel's Perspective on Retaining Outside Counsel Image

Fighting to Win: A General Counsel's Perspective on Retaining Outside Counsel

Joseph Di Salvo

Myriad lawsuits are brought on behalf of consumers who allege that buyers of various food and beverage products are harmed because they consume products with labels promoting specific attributes or claims such as "better for you" or "all natural." How do you retain outside counsel?

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