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HTMLNew CMS Proposed Rule: Comprehensive Care for Joint Replacement
Claire E. Castles, Catherine A. Ehrgott, Lisa Ge Shang Han, David T. Morris; Jones Day;
Legal Alert/Article
July 16, 2015, previously published on July 15, 2015
On July 9, 2015, the Centers for Medicare & Medicaid Services ("CMS") announced a proposed rule to test a new payment model, the Comprehensive Care for Joint Replacement ("CCJR"), for hip and knee replacements (also called lower extremity joint replacements or...


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...


HTMLInsurance Coverage Considerations for Unmanned Aircraft Systems
Tyrone R. Childress, Jeffrey J. Immel, Rebecca MacPherson; Jones Day;
Legal Alert/Article
May 13, 2015, previously published on April 2015
On February 23, 2015, the Federal Aviation Administration ("FAA") issued new proposed regulations for the operation and certification of small unmanned aircraft systems ("sUAS"), popularly referred to as "drones."[1] Although the proposed rules do not require that sUAS...


HTMLRecap of House Subcommittee Hearing on Puerto Rico Chapter 9 Uniformity Act of 2015—H.R. 870
Bruce Bennett, Scott J. Greenberg, Beth Heifetz, Dan T. Moss; Jones Day;
Legal Alert/Article
April 6, 2015, previously published on March 2015
On February 26, 2015, testimony was presented to the House Judiciary Committee's Subcommittee on Regulatory Reform, Commercial and Antitrust Law (the "Subcommittee") regarding H.R. 870, the "Puerto Rico Chapter 9 Uniformity Act of 2015" ("H.R. 870"). This Commentary...


HTMLPolicyholders Need to Be Wary of Insurer Conduct Leading Them Into Suit Limitation Traps
Tara C. Kowalski; Jones Day;
Legal Alert/Article
March 30, 2015, previously published on March 11, 2015
A recent string of cases from Oregon to Connecticut addressing suit limitation provisions are a reminder of the numerous traps that surround such provisions and how insurer conduct can be misleading in those situations. Suit limitation provisions are the contractual equivalent of statutes of...


HTMLAre Club Packs a Promotional Service? Allegation Upheld in Price Discrimination Case
Thomas Demitrack, Kathryn M. Fenton, Rachel Hadass Zernik; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
A federal district court in Wisconsin has denied a motion to dismiss an antitrust suit accusing a manufacturer of violating the Robinson-Patman Act by offering "club pack" or "large pack" products only to club stores (like Costco and Sam's Club) and not to "general...


HTMLPresident Obama Continues Push on Cybersecurity
Todd S. McClelland, Michael G. Morgan, Mauricio F. Paez, Katherine S. Ritchey, Gregory P. Silberman; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
On February 13, 2015, President Obama spoke to attendees of the White House Summit on Cybersecurity and Consumer Protection held at Stanford University. Calling the digital world a "sort of Wild Wild West," Obama and many corporate representatives announced developments intended to...


HTMLSEC Proposes Disclosure Regarding Hedging Policies
Bradley C. Brasser, Boris Dolgonos, Charles T. Haag, J. Eric Maki, W. Stuart Ogg; Jones Day;
Legal Alert/Article
February 26, 2015, previously published on February 2015
On February 9, 2015, the SEC issued a proposing release to implement certain provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act ("Dodd-Frank"). This proposed rule will require companies to disclose whether employees and directors are permitted to or prohibited...


HTMLMissouri Court Finds That “Ineffective” Reservation of Rights Letters May Support Bad Faith Recovery Even in the Absence of Coverage
Carolyn A. Woodson; Jones Day;
Legal Alert/Article
February 25, 2015, previously published on November 12, 2014
All too often, instead of sending reservation of rights letters that unambiguously inform the insured of the insurer’s coverage position, insurers send longwinded, generic letters with a cursory discussion of the claim’s facts, minimal (if any) coverage analysis, extensive policy...


HTMLNine Lessons From Detroit's Chapter 9 Case
Corinne Ball, Bruce Bennett, Beth Heifetz, Heather Lennox, Evan Miller; Jones Day;
Legal Alert/Article
December 16, 2014, previously published on November 2014
On November 7, 2014, Judge Steven Rhodes, the judge presiding over the City of Detroit's bankruptcy case, announced that he would confirm the City's proposed Plan of Adjustment (the "Plan"), including the creditor settlements contained within that Plan. A more detailed written opinion...


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