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HTMLHHS Moves to Limit In-Office Ancillary Services Exception
Matthew C. Jones; Duane Morris LLP;
Legal Alert/Article
March 19, 2015, previously published on February 11, 2015
The Department of Health and Human Services (“HHS”) is once again targeting the In-Office Ancillary Services Exception (“IOASE”) to the federal Stark Law, in an attempt to produce cost savings in the U.S. healthcare system. The IOASE provides a limited exception to the Stark...

 

HTMLWar Memorial Sculptor Wins Appeal in Copyright Litigation with Government
Arvind Jairam; Duane Morris LLP;
Legal Alert/Article
March 19, 2015, previously published on February 13, 2015
An appellate court has affirmed a royalty award to a famous sculptor based on the U.S. government’s unauthorized use of his copyrighted work in a postage stamp. The decision by the Court of Appeals for the Federal Circuit in Gaylord v. United States comes after lengthy litigation that has...

 

HTMLKentucky Attorney General: Internet Sweepstakes are Illegal Gambling
Eric D. Frank; Duane Morris LLP;
Legal Alert/Article
March 19, 2015, previously published on February 10, 2015
This past Friday, the Kentucky Attorney General issued an opinion (OAG-15-005) concluding Internet sweepstakes machines meet the definition of illegal lotteries under Kentucky law and computers used at Internet sweepstakes cafes constitute illegal gambling devices.

 

HTMLNew Jersey State Bar Committee to Review RPC 1.2(d) and Issues Pertaining to Medical Marijuana
James J. Ferrelli; Duane Morris LLP;
Legal Alert/Article
March 18, 2015, previously published on February 2, 2015
The New Jersey State Bar Association (“NJSBA”) has established an ad hoc committee to review the ethical issues raised under New Jersey Rule of Professional Conduct 1.2(d) (which prohibits a lawyer from counseling or assisting a client in conduct that the lawyer knows is illegal or...

 

HTML$195 Million Awarded for Failure to Negotiate in Good Faith; PharmAthene, Inc. v. SIGA Technologies, Inc.
David A. Charapp; Duane Morris LLP;
Legal Alert/Article
March 18, 2015, previously published on February 9, 2015
In 2011, I wrote about the PharmAthene, Inc. v. SIGA Technologies, Inc. case, in which the Delaware Chancery Court found that SIGA Technology Inc. failed to negotiate in good faith with PharmAthene, Inc. for the grant of a license to SIGA’s smallpox drug known as ST-246. This case provided an...

 

HTMLFTC Seeks to Thwart ‘Revenge Porn’
Eric J. Sinrod; Duane Morris LLP;
Legal Alert/Article
March 18, 2015, previously published on February 3, 2015
While the Internet provides many obvious advantages to people in this digital age, it can also enable a dark side for those intent on mischievous and criminal online behavior. “Revenge porn” is part of that dark side.

 

HTMLVietnam’s New Investment Law Paves the Way for More M&A - No More Investment Certificates!
Giles T. Cooper, Nhan T. Le, Manfred Otto; Duane Morris Vietnam LLC;
Legal Alert/Article
March 18, 2015, previously published on February 9, 2015
Good news for M&A in Vietnam! Effective 1 July 2015, foreign investors won’t need to undergo lengthy investment certificate procedures when buying stakes in Vietnamese target companies. The change, introduced by the new Investment Law, will hopefully end years of uncertainty and frustration...

 

HTMLLawyer in Vietnam Oliver Massmann - New PPP Laws in Vietnam: Moving Closer towards Bankable Projects? Oliver Massmann and Ho Gia Le Hoang
Oliver Massmann; Duane Morris Vietnam LLC;
Legal Alert/Article
March 18, 2015, previously published on February 5, 2015
Vietnam’s infrastructure development has struggled to keep up with continued economic and population growth. According to the statistics, Vietnam needs about US$170 billion for infrastructure investment in the period from 2011 to 2020 while the State budget is constrained, capital sources...

 

HTMLMechanic’s Lien Amount Shall Not Include Attorneys’ Fees
Stanley A. Martin; Duane Morris LLP;
Legal Alert/Article
March 18, 2015, previously published on February 4, 2015
The Utah Supreme Court has held that a mechanic’s lien does not include attorneys’ fees incurred by a contractor even when the lien statute allows recovery of reasonable legal fees. The court distinguished between the right to recover attorneys’ fees, and the amounts that could be...

 

HTMLUnderstanding SwissLeaks: Considerations for Banks, Account Holders and Fiduciaries in Light of Possible Enforcement Action in India
Saionton Basu; Duane Morris;
Legal Alert/Article
March 18, 2015, previously published on March 13, 2015
Last month saw further disclosure of 1,195 account holders in HSBC Private Bank in Geneva, Switzerland, with Indian addresses. Whilst that by itself connotes no manner of wrongdoing, given the information now resides in the public domain, the following potential risks emerge for banks, account...

 


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