Document(s) published by this organization: 228
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|Arbitration v. Litigation, Which Is Better for You?|
Terry L. Potter; Husch Blackwell LLP;
July 28, 2014, previously published on July 23, 2014Although ADR programs have been in existence for many years, given the recent green light by the Supreme Court regarding the use of arbitration, its application is being reassessed and applied by a number of entities in an effort to control the overwhelming cost of litigation, both in terms of the...
|Hospital lab services may not constitute unrelated trade or business: IRS Technical Advice Memorandum|
Wakaba Y. Tessier; Husch Blackwell LLP;
July 28, 2014, previously published on July 25, 2014On July 11, 2014, the Internal Revenue Service (“IRS”) released a Technical Advice Memorandum (“TAM”) dated March 7, 2008, which concluded that, contrary to the general rule set forth in Revenue Ruling 85-110 (“Rev. Ruling 85-110”), a tax-exempt hospital’s...
|U.S. Postal Service Plays the Terrorist Card against Whistleblower|
David P. Hendel; Husch Blackwell LLP;
July 24, 2014, previously published on July 21, 2014Retaliating against an employee for reporting safety violations, the U.S. Postal Service asserted baseless terrorism charges against him. As a result, the employee was dismissed from his job, arrested, detained, harassed, criminally charged with committing acts of terrorism, and subjected to an...
|New Government Releases Relating to Institutional Responsibilities for Campus Safety and Security|
Joseph W. Cornelison; Husch Blackwell LLP;
July 24, 2014, previously published on July 22, 2014The U.S. Department of Education recently released a Dear Colleague Letter (DCL) providing some additional guidance regarding institutions’ responsibilities to implement changes to the Clery Act made by the Violence Against Women Reauthorization Act of 2013 (VAWA). Also, Sen. Claire McCaskill...
|Court Dismisses Texas EquuSearch’s Challenge to FAA’s No-Fly Warning|
Thomas L. Gemmell; Husch Blackwell LLP;
July 24, 2014, previously published on July 21, 2014On July 18 the U.S. Court of Appeals for the D.C. Circuit dismissed Texas EquuSearch’s challenge of the FAA’s directive that it stop flying search-and-rescue missions using unmanned aircraft systems (UAS)/drones. In doing so, the Appellate panel, siding with the Justice Department/FAA,...
|Public Comment Period to Close Soon on FAA’s Interpretation of Model Aircraft/Unmanned Aircraft Systems|
Thomas L. Gemmell; Husch Blackwell LLP;
July 24, 2014, previously published on July 22, 2014On June 18, 2014, the Federal Aviation Administration (FAA) issued a Notice of Interpretation (Notice) regarding the special rule that exempts regulation of model aircraft under the FAA Modernization and Reform Act of 2012 (the Act). The period for public comment on the FAA's Notice ends this...
|Job Training Reform Bill Clears Congress; President’s Approval Expected This Week|
Charles D. "Chip" Nottingham; Husch Blackwell LLP;
July 22, 2014, previously published on July 16, 2014 Employers in sectors such as manufacturing, energy and agriculture faced with significant shortages of skilled labor, received a major boost from Congress last week. The long-awaited job training program reform bill “Workforce Innovation and Opportunity Act” received bipartisan...
|Consistency among Circuits for Securities Class Certification after the U.S. Supreme Court Halliburton Decision|
John A. Menicucci; Husch Blackwell LLP;
July 22, 2014, previously published on July 17, 2014On June 23, 2014, the United States Supreme Court issued its decision in Halliburton Co., et al. v. Erica P. John Fund, Inc., No. 13-317 (2014). The Supreme Court vacated and remanded the decision of the 5th Circuit U.S. Court of Appeals and did not part from its 1988 decision in Basic Inc. v....
|DOJ intervenes in first False Claim Act case involving ACA ’60-day repayment provision’|
Edward L. Barker, Kimela R. West; Husch Blackwell LLP;
July 22, 2014, previously published on July 17, 2014 The U.S. Department of Justice (DOJ) and the New York State Attorney General intervened in a federal False Claims Act (FCA) case on June 27, 2014, accusing Mount Sinai Health System of failing to report and return Medicaid overpayments within 60 days of identifying them. See U.S. ex rel Kane v....
|The Battle Against Patent Trolls Continues|
Michael R. Annis; Husch Blackwell LLP;
July 17, 2014, previously published on July 15, 2014As we advised in a previous post, there seems to be an all-out war against so-called patent trolls. A patent troll is, in general, a pejorative term associated with entities that do not practice their own patents but nonetheless assert those patents against others. Also known as “patent...