ABI Bankruptcy Reform
June 02, 2015
Tension has focused on whether to allow a secured creditor to improve its position with new property acquired after the bankruptcy case. The result was the broad mandate of Section 552 of the Bankruptcy Code: A prepetition lender with a lien on an asset enjoys a post-petition lien on the proceeds of that asset.
Contract Management and the Bottom Line
June 02, 2015
With many companies wearing the hats of the supplier, partner and customer simultaneously, the dynamics of vendor contracts, customer agreements, licenses, trademarks, leases, warranties and other contracts become ever more convoluted.
Your Best Precedent Is Unpublished: Now What?
June 02, 2015
Imagine counsel representing litigants before a court. An attorney for one party takes a position on the issue. The court responds that, in a previously filed pleading, counsel had taken the opposite position on behalf of his or her client. The attorney responds, "No, Your Honor, that was an 'unpublished' filing. Not only am I not bound by it, in this jurisdiction, you are not even permitted to bring that unpublished filing to my attention."
New Anti-Kickback Law 'Safe Harbors' Proposed
June 02, 2015
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.
Browse, Click, Sign, Enforce?
June 02, 2015
Signing, dating and keeping a record of a paper contract are standard practice ' but what about those that are native to websites, mobile apps and other digital platforms, and use such language as "Terms of Use," "Terms of Service," "Privacy Policies" and disclaimers? How do you track who is agreeing to what and when they agreed?
New Anti-Kickback Law 'Safe Harbors' Proposed
May 02, 2015
Certain types of incentive payments and business arrangements that would improve the quality of care and provide needed assistance to indigent patients could actually run afoul of the federal fraud and abuse laws, including the Anti-Kickback Statute (AKS) (42 U.S.C. ' 1320a-7b(b)), and potentially trigger their drastic penalties.