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HTMLConstruction Managers and Contractors: Improve Your Mergers & Acquisition and Dissolution Checklists to Avoid Expired License Exposure-and Worse
Jeffrey B. Kirzner, Daniel D. McMillan; Jones Day;
Legal Alert/Article
January 27, 2016, previously published on January 2016
Dissolving a newly acquired or existing affiliate of a construction or construction management firm can have adverse unintended legal consequences when the dissolved affiliate holds executory contracts and the related entity that takes over the performance of the contracts lacks the requisite...


HTMLCMS Makes Changes to the Stark Law: Addressing Payment Reform, Reducing Burden, and Facilitating Compliance
Claire E. Castles, Gerald M. Griffith, Andrew G. Jack, John M. Kirsner, Elizabeth E. Trende; Jones Day;
Legal Alert/Article
December 30, 2015, previously published on December 2015
On November 16, 2015, the Centers for Medicare and Medicaid Services ("CMS") published a final rule with changes to the Hospital Outpatient Prospective Payment System ("OPPS") and Ambulatory Surgical Center ("ASC") payment system ("Final Rule") (80 Fed. Reg....


HTMLNew Decision Raises the Bar for FTC Enforcement Actions Over Data Security Practices
Todd S. McClelland, Michael G. Morgan, Mauricio F. Paez, Jeffrey Rabkin, Gregory P. Silberman; Jones Day;
Legal Alert/Article
December 9, 2015, previously published on November 18, 2015
A decision on November 13, 2015 has raised the bar for Federal Trade Commission ("FTC") enforcement actions over data security practices. (In re LabMD, Inc., F.T.C. ALJ, No. 9357, (11/13/15)). In order for the FTC to maintain an enforcement action under Section 5 of the Federal Trade...


HTMLEleventh Circuit Weighs In on Section 1123(d): Reinstatement of Defaulted Loan Agreement Under Chapter 11 Plan Requires Payment of Default-Rate Interest
Mark G. Douglas, Monika S. Wiener; Jones Day;
Legal Alert/Article
November 27, 2015, previously published on November/December 2015
In 1994, Congress amended the Bankruptcy Code to, among other things, add section 1123(d), which provides that, if a chapter 11 plan proposes to “cure” a default under a contract, the cure amount must be determined in accordance with the underlying agreement and applicable nonbankruptcy...


HTMLDOJ Sentencing Memorandum Emphasizes Importance of Instituting Antitrust Compliance Programs in Face of Government Investigation
Kathryn M. Fenton, J. Bruce McDonald, Paula W. Render, Ryan C. Thomas, Rachel Hadass Zernik; Jones Day;
Legal Alert/Article
October 26, 2015, previously published on October 2015
The U.S. Department of Justice has recommended a significantly reduced fine for an auto parts defendant accused of bid-rigging and price-fixing, based largely on the defendant's having quickly instituted a rigorous antitrust compliance program - even though only after the government initiated its...


HTMLHHS Proposes Revisions to the Common Rule for Protection of Human Research Subjects
Edgar J. Asebey, Maureen Bennett, Michele R. Goodman, Glenn L. Krinsky, Heather O'Shea; Jones Day;
Legal Alert/Article
September 10, 2015, previously published on September 2, 2015
On September 2, 2015, the U.S. Department of Health and Human Services ("HHS") and numerous other federal departments and agencies released the long-awaited proposed revisions to the Federal Policy for the Protection of Human Subjects, or "Common Rule," now published in the...


HTMLThird Circuit Affirms the FTC's Authority to Regulate and Enforce Data Security
Richard J. Johnson, Todd S. McClelland, Daniel J. McLoon, Michael G. Morgan, Jeffrey Rabkin; Jones Day;
Legal Alert/Article
September 1, 2015, previously published on August 2015
In FTC v. Wyndham Worldwide Corp., No 14-3514, -- F.3d-- (3d Cir. Aug. 24, 2015), the Third Circuit issued an important decision affirming a United States District Court of New Jersey ruling that the Federal Trade Commission ("FTC") has authority under Section 5 of the Federal Trade...


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...


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