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HTMLU.S. Supreme Court Rules for Employer in Retiree Medical Benefits Case
Duane Morris LLP;
Legal Alert/Article
February 16, 2015, previously published on January 27, 2015
In M&G Polymers USA, LLC v. Tackett, the United States Supreme Court addressed the claims of retirees that certain expired collective bargaining agreements created a right to lifetime contribution-free healthcare benefits for retirees, their surviving spouses and their dependents. Writing for a...

 

HTMLOFAC Publishes Guidance Relating to Provision of Temporary Sanctions Relief (Iran)
Duane Morris LLP;
Legal Alert/Article
February 16, 2015, previously published on December 10, 2014
On December 9, 2014, the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC), published in the Federal Register (Vol. 79, No. 236, pp. 73141¿73143) previously issued guidance relating to the provision of temporary sanctions relief affecting:

 

HTMLLatest Developments in Regulation of XXX/AXXX Captives
Duane Morris LLP;
Legal Alert/Article
February 16, 2015, previously published on December 8, 2014
The National Association of Insurance Commissioners (the "NAIC") is forging ahead with its work on captive insurance companies used by life insurance companies to finance reserves required under current regulations; these reserves are commonly referred to as "XXX reserves" for...

 

HTMLNew Jersey Supreme Court Rules on Proper Test for Determining Independent Contractor Status
Duane Morris LLP;
Legal Alert/Article
February 16, 2015, previously published on January 20, 2015
On January 14, 2015, a unanimous New Jersey Supreme Court ruled in the closely watched case of Hargrove v. Sleepy's, LLC (N.J. Sup. Ct. A-70-12) (072742), that the proper test for determining independent contractor status under New Jersey wage-and-hour laws is the ABC test. Among the various tests...

 

HTML7th Circuit Clarifies FCA Fraud Standard
Philip H. Lebowitz; Duane Morris LLP;
Legal Alert/Article
January 23, 2015, previously published on December 5, 2014
In an opinion openly skeptical of a relator’s knowledge, the 7th Circuit Court of Appeals recently affirmed the dismissal of False Claims Act claims against a Chicago pharmacy brought by a former employee of the pharmacy. The principal claims in the case, nadyor v. Ukrainian Village Pharmacy,...

 

HTMLClinical Trial Sponsors Can Be Liable For Inadequate Consent Forms
Philip H. Lebowitz; Duane Morris LLP;
Legal Alert/Article
January 23, 2015, previously published on December 12, 2014
Physicians acting as investigators for a clinical trial testing a new therapy are required to present to each patient or study subject a consent form, indicating that the patient understands the risks, benefits and alternatives of participating in the trial and voluntarily elects to do so. Federal...

 

HTMLA Last-Minute Stocking Stuffer from Congress: Individual and Business Tax Breaks Retroactively Extended
Steven M. Packer; Duane Morris LLP;
Legal Alert/Article
January 19, 2015, previously published on December 24, 2014
On December 16, 2014, Congress passed the long-awaited "Tax Increase Prevention Act of 2014" (TIPA or "the Act"), which President Obama signed into law on December 19, 2014, calling it a "substantial victory for middle-class families across the country." While this...

 

HTMLBankruptcy Court Finds Debtor Entitled to a "Free House" Because Mortgage Foreclosure Complaint Barred by New Jersey Statute of Limitations
Jarret P. Hitchings, Brett L. Messinger, Stuart I. Seiden; Duane Morris LLP;
Legal Alert/Article
January 19, 2015, previously published on December 16, 2014
Mortgage lenders should be aware of the New Jersey statute of limitations on mortgage foreclosure complaints. In In re Washington, 2014 Bankr. LEXIS 4649 (Bankr. D.N.J. Nov. 5, 2014), the United States Bankruptcy Court for the District of New Jersey held that a mortgagee and its servicer were...

 

HTMLCompounding Pharmacy Co-Owner Pleads Guilty to Misdemeanor Criminal Violations of the Food, Drug, and Cosmetic Act
Frederick R. Ball, Rachael G. Pontikes, Alison T. Rosenblum; Duane Morris LLP;
Legal Alert/Article
January 19, 2015, previously published on December 22, 2014
The U.S. Food and Drug Administration, acting through the U.S. Department of Justice appears to have relied on the Park Doctrine to hold a corporate officer of a compounding pharmacy criminally responsible for the pharmacy's violations of the Federal Food, Drug, and Cosmetic Act (FDCA). As...

 

HTMLResponding to Subpoena for Medical Records May Create Liability for Healthcare Providers Under State Law Negligence Claims
Seth A. Goldberg, Philip H. Lebowitz; Duane Morris LLP;
Legal Alert/Article
December 10, 2014, previously published on November 14, 2014
Healthcare providers receiving a subpoena for patient medical records may want to think twice before complying with the subpoena and producing the records. A recent Connecticut case, Byrne v. Avery Center for Obstetrics and Gynecology, P.C. ("Byrne"), arose when the defendant gynecology...

 


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