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HTMLU.S. Supreme Court Holds that Unaccepted Offer to Settle Per Rule 68 Does Not Moot a Case
James N. Boudreau, Christiana L. Signs; Greenberg Traurig, LLP;
Legal Alert/Article
February 2, 2016, previously published on January 21, 2016
In a 6-3 opinion, the United States Supreme Court held yesterday that a defendant’s unaccepted Rule 68 offer of judgment for complete relief does not moot a case. See Campbell-Ewald Co. v. Gomez, 577 U.S. --- (2016). Justice Bader Ginsburg, writing for the 6-3 majority, explained that...

 

HTMLNYS Appellate Court Upholds Executive Compensation Order and Regulations: What Happens Next?
Harold N. Iselin, Joshua L. Oppenheimer, Francis J. Serbaroli; Greenberg Traurig, LLP;
Legal Alert/Article
February 2, 2016, previously published on January 19, 2016
On Dec. 30, 2015, the New York State Appellate Division, Second Department upheld the validity of Governor Cuomo’s Executive Order pertaining to executive compensation and administrative expenses of certain service providers (EO 38), as well as the implementing regulations. This was the first...

 

HTMLCorporate & Regulatory Compliance: Are You Asking the Right Questions?
Michael L. Aguirre, John Kaufmann; Greenberg Traurig, LLP;
Legal Alert/Article
February 2, 2016, previously published on January 21, 2016
Due to regulatory changes made in response to the financial crisis of 2008, market participants entering into over-the-counter derivative transactions and their associated agreements face a vastly different landscape than several years ago. Competing (and sometimes inconsistent) legal regimes...

 

HTMLNew HIPAA Guidance: What Covered Entities Need to Know About Individuals’ Right Under HIPAA to Access their Health Information
Jeffrey S. Alberg, Eleanor (Miki) A. Kolton; Greenberg Traurig, LLP;
Legal Alert/Article
January 20, 2016, previously published on January 14, 2016
On Jan. 7, 2016, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services released guidance clarifying individuals’ right to access their protected health information (PHI) maintained by or for their health care providers and health plans (covered entities) under...

 

HTMLNew Tax Legislation Enhances Investments in U.S. Real Estate and REITs
Carl J. Riley, Alejandro Ruiz, Robert D. Simon, Jennifer H. Weiss; Greenberg Traurig, LLP;
Legal Alert/Article
January 20, 2016, previously published on January 16, 2016
Congress recently passed, and President Obama signed into law, the Protecting Americans from Tax Hikes Act of 2015 (the Act), in connection with funding the federal government and extending the availability of a number of expiring tax provisions. Among the many tax law provisions included within...

 

HTMLExcise Tax Refund Opportunity for Foreign Reinsurers for Retrocession Policies
Richard J. Fidei, Fred E. Karlinsky, Marvin A. Kirsner; Greenberg Traurig, LLP;
Legal Alert/Article
January 19, 2016, previously published on January 7, 2016
The IRS has decided to back off its position that the 1 percent excise tax is due on a policy of reinsurance where a foreign reinsurer reinsures a policy of reinsurance issued by another foreign reinsurer (referred to in the industry as a retrocession policy). Foreign reinsurers who have previously...

 

HTMLImmigrant Investor Program (EB-5 Regional Center Program) Extended in Congressional Omnibus Appropriations
Kate Kalmykov, Robert Y. Maples, Laura Foote Reiff, Matthew Virkstis; Greenberg Traurig, LLP;
Legal Alert/Article
January 15, 2016, previously published on January 5, 2016
Prior to adjournment, the U.S. Congress passed an Omnibus $1.1 trillion year-end spending bill which was signed into law by President Obama on Dec. 18, 2015. (P.L. 114-113).

 

HTMLMedicare and Medicaid Programs; Guidance on Section 1332 Waivers for State Innovation, Comments Due
Nancy E. Taylor; Greenberg Traurig, LLP;
Legal Alert/Article
January 14, 2016, previously published on January 7, 2016
Section 1332 of the Patient Protection and Affordable Care Act (ACA) provides the Secretary of Health and Human Services and the Secretary of the Treasury with the discretion to approve a state’s proposal to waive specific provisions of the ACA (State Innovation Waiver), provided the proposal...

 

HTMLPHHPC Considers Revoking Operating Certificate of Ambulatory Surgery Center Over Low Medicaid and Charity Care Cases
Francis J. Serbaroli; Greenberg Traurig, LLP;
Legal Alert/Article
January 12, 2016, previously published on January 4, 2016
A sometimes heated discussion at a recent meeting of New York’s Public Health and Health Planning Council (PHHPC) should be of interest to all ambulatory surgery centers (ASC) that are operating under a so-called “limited life” operating certificate and not providing enough care...

 

HTMLWhile You Were Sleeping...New Highway Act Improves the Capital Raising On-Ramp
Federico (Fed) Salinas, Jason T. Simon; Greenberg Traurig, LLP;
Legal Alert/Article
January 11, 2016, previously published on December 30, 2015
On Dec. 4, 2015, President Obama signed into law the Fixing America’s Surface Transportation Act, referred to as the “Fast Act,” a highway and transit project funding bill. Tucked into the last 45 pages of this 1,300 plus page bill are several significant modifications to the...

 


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