Document(s) published by this organization: 20
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|The Validity of Termination Statements Notwithstanding a Secured Party’s Actual Intent|
Bruce A. Wilson; Kutak Rock LLP;
January 2, 2015, previously published on November 7, 2014The Supreme Court of Delaware recently held, in answering a question certified to it by the United States Court of Appeals for the Second Circuit, that a termination statement authorized to be filed by the secured party becomes effective to terminate the related financing statement regardless of...
|Reinsurance Fee Reporting Deadline Delayed|
John E. Schembari; Kutak Rock LLP;
January 2, 2015, previously published on November 15, 2014Late Friday, the Centers for Medicare & Medicaid Services ("CMS") extended the November 15 deadline for "contributing entities" to submit their 2014 enrollment counts for the transitional reinsurance program contributions. The new deadline is 11:59 p.m. on December 5, 2014....
|Does a Secured Party Remain Perfected in a 'Sub-Account' Created Post-Closing? It Depends.|
Bruce A. Wilson; Kutak Rock LLP;
December 30, 2014, previously published on November 5, 2014An interesting case on securities accounts from the United States Bankruptcy Court for the Eastern District of Pennsylvania addressed the issue of whether a creditor’s perfected security interest in a securities account remained perfected in sub-accounts that were created post-closing. In re...
|CMS Delaying Enforcement of Regulations Related to Unique Health Plan Identifiers|
Alfred B. Fowler, William C. McCartney, Shira B. McKinlay, John E. Schembari, Michelle M. Ueding; Kutak Rock LLP;
November 10, 2014, previously published on November 3, 2014Late Friday afternoon (October 31, 2014), the Center for Medicare & Medicaid Services (CMS) announced it will not be enforcing the regulations relating to unique health plan identifiers (HPIDs) until further notice. The enforcement delay applies to all HIPAA-covered entities, including health...
|Fall 2014 Dodd-Frank Update|
Daniel L. Heard; Kutak Rock LLP;
November 10, 2014, previously published on October 24, 2014It has been a while since the SEC moved forward with any rulemaking under the Dodd-Frank Act. In fact, the last action taken by the SEC was in December 2013 when it approved amendments to Nasdaq listing rules relating to compensation committee independence. Nothing has happened since then. The...
|California Adopts Statewide Paid Sick Leave Law|
Alexis Kramer, John E. Schembari; Kutak Rock LLP;
November 10, 2014, previously published on October 29, 2014California is now the second state in the country to pass a statewide paid sick leave law. The Healthy Workplaces, Healthy Families Act (the “Act”) requires nearly every employer in the state to provide its employees with one hour of paid leave for every 30 hours worked, up to 24 hours...
|Department of Treasury Rulemaking Enacted to Curb Tax Inversion Transactions|
Michael W. Alvano, Steven P. Amen, Marcantonio Barnes, Paul E. Belitz, Glenn E. Borkowski; Kutak Rock LLP;
October 28, 2014, previously published on October 8, 2014On September 22, 2014 the U.S. Department of Treasury announced new rules targeting companies that try to avoid U.S. income taxes by moving their headquarters overseas (a so-called “inversion”). The Treasury Department is still fleshing out the details of the guidance but has...
|Planned 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;
September 16, 2014, previously published on September 9, 2014In 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...
|Confidential Non-Disclosure Agreement (“CNDA”) Negotiation Considerations in Mergers and Acquisitions|
Mitch Woolery; Kutak Rock LLP;
September 1, 2014, previously published on August 20, 2014CNDAs are becoming more heavily negotiated in mergers and acquisitions. Based on our recent deals, we have listed some considerations to assist in your CNDA negotiations. We have identified considerations as either “sell-side” or “buy-side,” and have included some example...
|Defined Benefit Plan Sponsors Must Take Immediate Action|
Alfred B. Fowler, Shira B. McKinlay, Juliana Reno, John E. Schembari, Michelle M. Ueding; Kutak Rock LLP;
August 25, 2014, previously published on August 15, 2014Last 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...