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HTMLCMS Proposes Easing Two-Midnight Restrictions (But 2016 OPPS Rule Is Not All Good News)
David W. Grauer, Rebekah N. Plowman, Elizabeth E. Trende; Jones Day;
Legal Alert/Article
July 16, 2015, previously published on July 2015
On July 8, 2015, the Centers for Medicare and Medicaid Services ("CMS") issued the 2016 proposed rule for the Hospital Outpatient Prospective Payment System ("OPPS") and Ambulatory Surgery Center ("ASC") payment system ("Proposed Rule"). While the Proposed...


HTMLEPA Proposes Renewable Fuel Standard Modification to Address Market Constraints, Yet Leaves Uncertainty for Future Targets
Casey F. Bradford, Thomas M. Donnelly, Kevin P. Holewinski, Nancy MacKimm, Charles T. Wehland; Jones Day;
Legal Alert/Article
June 26, 2015, previously published on June 2015
Exercising its authority under the Clean Air Act ("CAA"), the U.S. Environmental Protection Agency ("EPA") proposes reducing the statutory targets for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuels for 2014, 2015, and 2016. The May 2015...


HTMLSixth Circuit Narrows Scope of TCPA "Unsolicited Advertisements"
William F. Dolan, Daniel J. Fabiano, Gregory R. Hanthorn, Aaron M. Healey, J. Todd Kennard; Jones Day;
Legal Alert/Article
June 24, 2015, previously published on June 2015
A central issue in many Telephone Consumer Protection Act ("TCPA") cases is whether the communication that the plaintiff challenges amounts to an "unsolicited advertisement" or whether it is merely an informational communication that is not prohibited by the statute. The answer...


HTMLOIG Cautions Physicians to Consider Compensation Arrangements Carefully
Michele R. Goodman, Gerald M. Griffith, Rebekah N. Plowman; Jones Day;
Legal Alert/Article
June 23, 2015, previously published on June 2015
The Department of Health and Human Services, Office of Inspector General ("OIG") recently released a fraud alert cautioning physicians who enter into medical directorships and other compensation arrangements, recommending that they consider whether the terms and conditions of such...


HTMLNIST's Privacy Risk Management Framework Released in Draft Report
Todd S. McClelland, Daniel J. McLoon, Michael G. Morgan, Mauricio F. Paez, Gregory P. Silberman; Jones Day;
Legal Alert/Article
June 22, 2015, previously published on June 2015
On May 29, 2015, the National Institute of Standards and Technology ("NIST") released Privacy Risk Management for Federal Information Systems (NISTIR 8062) as a draft report, introducing its newly developed Privacy Risk Management Framework ("Privacy Framework"). The stated...


HTMLEPA Takes Final Action Requiring Revision of Startup, Shutdown, and Malfunction Air Regulations in 36 States
Mary Beth Deemer, Thomas M. Donnelly, G. Graham Holden, Kevin P. Holewinski, Jane K. Murphy; Jones Day;
Legal Alert/Article
June 17, 2015, previously published on June 2015
On May 22, 2015, the United States Environmental Protection Agency ("EPA") took a final action on a petition filed by the Sierra Club that will require revision of existing air regulations governing emissions during periods of startup, shutdown, and malfunction ("SSM") in 36...


HTMLDoing Business with the Government? What You Should Know about Cybersecurity
Peter F. Garvin, J. Andrew Jackson, Fernand A. Lavallee, Todd S. McClelland, Mauricio F. Paez; Jones Day;
Legal Alert/Article
June 8, 2015, previously published on June 2015
Government contractors are in a difficult position when it comes to cybersecurity. Not only do they need to worry about cybersecurity issues that affect almost every company, but they also often house sensitive government data that can carry additional obligations. Further, the very fact that they...


HTMLSupreme Court Grants Certiorari in TCPA Case that May Determine Whether an Offer of Complete Relief Moots a Class Action
Michael F. Dolan, Daniel J. Fabiano, Gregory R. Hanthorn, J. Todd Kennard, Noah Ryan Litton; Jones Day;
Legal Alert/Article
May 27, 2015, previously published on May 2015
On May 18, 2015, the United States Supreme Court granted certiorari in a matter that may decide a fundamental question in class actions in general and class actions under the Telephone Consumer Protection Act ("TCPA") in particular: whether a case becomes moot, and thus beyond the...


HTMLD.C. Circuit Hears Challenge to Clean Power Plan Regulations
Casey F. Bradford, Simon P. Hansen, Charles T. Wehland; Jones Day;
Legal Alert/Article
May 25, 2015, previously published on Spring 2015
On April 16, 2015, the United States Court of Appeals for the District of Columbia ("D.C. Circuit") heard oral arguments in two consolidated cases that challenge EPA's proposed greenhouse gas emission standards for existing coal-fired power plants (the "Clean Power Plan"). The...


HTMLCoupon Discounts Raise Sales Tax Issues for Retailers
John M. Allan, Kirk R. Lyda, Tamara Marinkovic, Deborah Savarese Sloan, Emmanuel E. Ubiñas; Jones Day;
Legal Alert/Article
May 13, 2015, previously published on May 2015
Contingent fee lawyers across the country continue to throw their hats in the sales tax ring, filing lawsuits against retailers who honor discount coupons, alleging they overcharge consumers for taxes. Individual and class action lawsuits are being filed contending retailers overcollect tax by...


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