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HTMLSubstantive Review of NOP Appeals and the Resolution of Appeals
Gene Summerlin; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 25, 2014
In our last post, we discussed the procedural requirements necessary to pursue an appeal of an adverse action taken by the NOP, a State organic program, or an organic certification agency.

 

HTMLHow Many Clicks Does It Take To Get To Your Sexual Misconduct Policy?
Derek T. Teeter; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 10, 2014
The U.S. Department of Education makes it clear that colleges and universities must not only disseminate their Title IX sexual misconduct policies - they must make those policies easy to find. Simply posting the policy somewhere on your website - without regard to ease of access - isn’t...

 

HTMLIRS Notice Provides More Flexibility to Rev. Proc. 97-13
Kimberly K. Gibbens; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 25, 2014
The Internal Revenue Services (IRS) issued Notice 2014-67 on Oct. 24, 2014, to “amplify” Revenue Procedure 97-13 by (i) creating a new five-year safe harbor for management contracts, and (ii) expanding the permitted types of productivity awards allowed.

 

HTMLA Win for the FAA, Status Quo for the UAS Industry
Amanda E. Tummons; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 20, 2014
The Federal Aviation Administration posted a win this week when the National Transportation Safety Board (NTSB) issued its decision reversing and remanding the decisional order issued by an administrative law judge (ALJ) in the case of Michael Huerta, Administrator, Federal Aviation Administration...

 

HTMLProviding Context to the Recent NY Times Article on the IRS’s Seizure of Bank Accounts
Matthew Paul Diehr, Mark Carl Milton, Matthew Thomas Schelp; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 19, 2014
A recent New York Times article contained anecdotes of several taxpayers having their bank accounts seized by the IRS even though they had not been convicted of any crimes. The article leaves the reader with the impression that taxpayers are helpless to defend against such action. While the New...

 

HTMLCo-Packing: An Alternate Route to the Organic Marketplace
Marnie A. Jensen; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 9, 2014
The USDA organic regulations state that the term “organic” can only be used on the label of a product that is produced or handled by a certified operation (again, the usual exceptions apply). Getting this organic certification, though, can be a tedious, costly, and burdensome endeavor...

 

HTMLHHS Releases Reminder about HIPAA Rules in Wake of Ebola Outbreak
Lisa Marie Luetkemeyer; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 11, 2014
The U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) released a bulletin on Nov. 10 reminding entities covered under the Health Insurance Portability and Accountability Act (HIPAA) that the protections continue to be in effect during emergencies, including Ebola...

 

HTMLThere are ‘Hearings’ and then there are ‘Hearings.’ But What Kind of ‘Hearing’ Does Due Process Require?
Derek T. Teeter; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 18, 2014
Students at public colleges and universities have a right to procedural due process before being deprived of a constitutionally protected interest in continued education; private colleges and universities may grant students similar rights through contract. Where students have the right to...

 

HTMLTenn. Federal Court OKs Extrapolation to Establish Liability in False Claims Act Case
Kevin P. McCart, Kelly Schulz; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 5, 2014
The U.S. District Court for the Eastern District of Tennessee answered what it acknowledged was a novel question: whether statistical sampling and extrapolation are appropriate to establish liability under the False Claims Act (FCA). The court found the government could extrapolate from a sample of...

 

HTMLUse a Trust and an LLC to Plan Ahead for the Family Farm
Christine H. DeMarea; Husch Blackwell LLP;
Legal Alert/Article
December 8, 2014, previously published on November 11, 2014
Many farm clients falsely believe that because they have a trust they do not need to establish a limited liability company (“LLC”). This is simply not true. The purpose for using an LLC is very different than using a trust. In practice, a family farm should have both.

 


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