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HTMLVermont Doubles Down: Representative Testifies Before Congress Against Federal GMO Labeling Bill
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 19, 2014, previously published on December 15, 2014
As we’ve explored in past posts, Congress is currently considering a bill that aims to harmonize the patchwork of state efforts at regulating GMO labeling by placing such regulation firmly within FDA’s jurisdiction. Dubbed the Safe and Accurate Food Labeling Act (H.R. 4432), this bill...

 

HTMLDepartment of Interior Announces January Auction Date for Martha’s Vineyard Wind Energy Leases
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 15, 2014, previously published on December 1, 2014
On November 24th, the Department of the Interior’s Bureau of Ocean Energy Management (BOEM) announced that it would be auctioning off four commercial leases for the Wind Energy Area (WEA) south of Martha’s Vineyard on January 29th. The area to be leased, which is identical to the area...

 

HTMLFederal Judge Awards Attorneys’ Fees to Defendant in Dismissed Qui Tam Case, Calls Whistleblower a “Serial Relator”
Samantha P. Kingsbury, Ellyn L. Sternfield; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 15, 2014, previously published on December 5, 2014
In November 2013 and this past October, Mintz Levin’s Health Care Qui Tam Update highlighted three separate qui tam False Claims Act (FCA) cases filed by Fox RX, Inc. (Fox), a former Medicare Part D plan sponsor. Fox filed one of those cases against OmniCare, Inc., PharMerica Corp., and...

 

HTMLThe Affordable Care Act—Countdown to Compliance for Employers, Week 3: Group Health Plan, Cafeteria Plan and Health FSA Nondiscrimination Theory and Practice
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 15, 2014, previously published on December 8, 2014
These questions—which arise under Internal Revenue Code §§ 105(h) and 125, and Public Health Service Act § 2716—are important as employers endeavor to navigate the penalty provisions of Code § 4980H. They are particularly relevant in the case of employers that...

 

HTMLNo Private Right to Recoup Funds Based on Corporate Practice of Medicine Violation
Rachel Irving Pitts; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 10, 2014, previously published on November 24, 2014
The United States District Court for the Western District of Washington ruled recently that the state’s corporate practice of medicine doctrine does not provide a private right of action, either express or implied, and dismissed claims brought by State Farm Mutual Automobile Insurance Company...

 

HTMLThe Affordable Care Act—Countdown to Compliance for Employers, Week 6: Labor and Treasury Departments Play Whack-a-Mole with Employer Payment Plans
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 8, 2014, previously published on November 17, 2014
Last year, the Department of Labor and the Treasury Department/IRS (Departments) issued guidance on the application of certain of the Affordable Care Act’s insurance market reforms to health reimbursement arrangements (HRAs), certain health flexible spending arrangements (health FSAs) and...

 

HTMLA Taste of Things to Come? Whole Foods Feels Sting of “Non-GMO” Litigation
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 5, 2014, previously published on November 13, 2014
As we’ve explored in past posts, mandatory GMO-labeling legislation has, at best, a spotty track record among state legislatures. Nevertheless, the GMO issue continues to draw the public’s attention, and it is becoming clear that the “Non-GMO” label now appeals to at least...

 

HTMLThe Difference A Day Can Make: States Devise Their Own Remedies For Criminal Immigration Reform
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 5, 2014, previously published on November 21, 2014
While the three branches of federal government fire off salvos on immigration reform, states are finding ways to tackle challenges to the federal criminal immigration landscape.

 

HTMLClass Action Defense Counsel adding ‘The Pick Off’ to Their Playbooks
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 5, 2014, previously published on November 21, 2014
In recent years, we’ve noticed a new maneuver that class-action defense counsel have increasingly added to their playbooks: The Pick Off. This is how the play is run: Offer the named plaintiff(s) full relief through a Rule 68 offer of judgment and, even if the plaintiff(s) reject the offer,...

 

HTMLKeeping Immigration Site Visits Civil and Focused
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 5, 2014, previously published on November 17, 2014
US Citizenship and Immigration Services (USCIS) empowers its Fraud Detection and National Security (FDNS) officers to make unannounced site visits to employers of H-1B and L-1 workers. The stated purpose of these site visits is to ensure the employers and employees in these visa situations are...

 


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