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HTMLPlanned Parenthood Ruling Deepens Current Split in the Circuits Regarding the Level of Specificity Required in FCA Cases
Victoria H. Buter, Edward M. Fox, Thomas J. Kenny; Kutak Rock LLP;
Legal Alert/Article
September 16, 2014, previously published on September 9, 2014
In the recent case of United States ex rel. Thayer v. Planned Parenthood of the Heartland, No. 13 1654, 2014 WL 4251603 (8th Cir. Aug. 29, 2014), the Eighth Circuit deepened the current split in the circuits regarding the level of specificity required in a False Claim Act (FCA) case, making it...

 

HTMLDefined Benefit Plan Sponsors Must Take Immediate Action
Alfred B. Fowler, Shira B. McKinlay, Juliana Reno, John E. Schembari, Michelle M. Ueding; Kutak Rock LLP;
Legal Alert/Article
August 25, 2014, previously published on August 15, 2014
Last Friday, the President signed the Highway and Transportation Funding Act of 2014 (“HATFA”) into law. HATFA extends the interest rate smoothing provisions applicable to defined benefit pension plans that were originally found in the Moving Ahead for Progress in the 21st Century Act...

 

HTMLIRS Provides Additional Information on 409A Audit Initiative; Other 409A Matters
Alfred B. Fowler, Peter C. Langdon, Juliana Reno, John E. Schembari, Michelle M. Ueding; Kutak Rock LLP;
Legal Alert/Article
August 2, 2014, previously published on July 31, 2014
In May, the IRS announced that it had launched an audit initiative (the Initiative) to gauge compliance with the rules for nonqualified deferred compensation arrangements under Internal Revenue Code (Code) Section 409A. Yesterday, we participated in a national conference with the IRS where IRS...

 

HTMLSupreme Court Limits Reach of Contraceptive Mandate
Alfred B. Fowler, Peter C. Langdon, Juliana Reno, John E. Schembari, Michelle M. Ueding; Kutak Rock LLP;
Legal Alert/Article
July 11, 2014, previously published on July 1, 2014
On June 30, 2014, the Supreme Court ruled that under the Religious Freedom Restoration Act, closely-held for-profit corporations are not required to pay for contraceptives if doing so would violate the corporation’s sincerely held religious beliefs. Below, we discuss the major parts of the...

 

Adobe PDFSEC MDCD Initiative Creates Quandary for Municipal Issuers and Underwriters
Kutak Rock LLP;
Legal Alert/Article
July 7, 2014, previously published on June 6, 2014
On March 10, 2014, the Securities and Exchange Commission (the “SEC”) announced its Municipalities Continuing Disclosure Cooperation Initiative (the “MCDC”). The program is ostensibly designed to afford favorable treatment terms to municipal issuers and obligated parties...

 

HTMLSupreme Court Holds There Is No Presumption of Prudence
Alfred B. Fowler, Peter C. Langdon, Juliana Reno, John E. Schembari, Michelle M. Ueding; Kutak Rock LLP;
Legal Alert/Article
July 7, 2014, previously published on June 26, 2014
On June 25, 2014, the U.S. Supreme Court issued its long-awaited ruling in Fifth Third Bancorp v. Dudenhoeffer, a case involving an ESOP fiduciary’s duties in deciding to sell or hold employer stock in an ESOP. The U.S. Supreme Court unanimously rejected the “presumption of...

 

HTMLReports to Congress Highlight Importance of Proactive HIPAA Compliance
Alfred B. Fowler, Peter C. Langdon, Juliana Reno, John E. Schembari, Michelle M. Ueding; Kutak Rock LLP;
Legal Alert/Article
July 1, 2014, previously published on JUne 20, 2014
On May 20, 2014, the United States Department of Health and Human Services (the “Department”) submitted reports to Congress detailing certain compliance and enforcement activities under the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”)....

 

Adobe PDFSec MCDC Initiative Creates Quandary for Municipal Issuers and Underwriters
Kutak Rock LLP;
Legal Alert/Article
June 18, 2014, previously published on June 6, 2014
On March 10, 2014, the Securities and Exchange Commission (the “SEC”) announced its Municipalities Continuing Disclosure Cooperation Initiative (the “MCDC”). The program is ostensibly designed to afford favorable treatment terms to municipal issuers and obligated parties...

 

HTMLCollaborative Action Results in Adoption of Strict New Colorado Air Quality Rules; Local Groups Want More Restrictions on Oil and Gas Activities
Kutak Rock LLP;
Legal Alert/Article
May 2, 2014, previously published on April 28, 2014
On February 23, 2014, the Colorado Air Quality Control Commission adopted new point source emissions rules seeking to reduce the release of volatile organic compounds (VOCs) and methane from oil and gas operations. The new rules are among the strictest in the country and are the very first to...

 

HTMLFederal Court Strikes Down Minnesota Global Warming Act as Unconstitutional
Kutak Rock LLP;
Legal Alert/Article
May 2, 2014, previously published on April 28, 2014
The Federal District Court in Minneapolis ruled that Minnesota’s “Next Generation Act,” which sought to limit increases in statewide carbon dioxide emissions from power plants, including from power plants located outside the state, is unconstitutional.

 


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