Legal Articles: Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

 







Document(s) published by this organization: 788


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HTMLA New Year’s Resolution: Avoid The Rising Tide of Defamation Claims In The Health Care Arena
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 19, 2016, previously published on January 8, 2016
In college and graduate school, we all had professors that had “non-attribution/academic freedom” policies designed to foster open debate, critical thinking and robust discussion. To state the obvious, we are a long way from those college days. In the highly competitive health care...

 

HTMLDHS Proposes New Rule for Increased Job Flexibility: Part 1
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 19, 2016, previously published on January 8, 2016
On December 31st, the Department of Homeland Security issued a proposed rule addressing and extending employment flexibility for certain classes of nonimmigrants and prospective immigrants. The new rule proposes to amend current regulations to “clarify and improve longstanding agency...

 

HTMLJudge Gilstrap Awards Section 285 Fees Where Plaintiff’s Section 101 Positions Cross the “Threshold of Exceptionality.” 
Matthew A. Karambelas, Robert J. Moore, Michael C. Newman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
January 18, 2016, previously published on January 7, 2016
On December 17, 2015, Judge Rodney Gilstrap of the Eastern District of Texas (EDTX) ruled that, in light of Alice Corporation Pty. Ltd. v. CLS Bank International, 134 S. Ct. 2347 (2014) (“Alice”), a plaintiff’s position on the validity of the patent-in-suit under § 101 was...

 

HTMLCadillac Tax Effective Date Postponed (and Three Other 2015 Year End Health and Welfare Benefits Legislation Highlights) 
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 18, 2016, previously published on January 7, 2016
While Americans everywhere were busy eating turkey and drinking eggnog last November and December, our government was hard at work attending to budget matters. Tucked among the appropriations were several fairly significant items of interest to employers, employees, providers, administrations, and...

 

HTMLThe Fourth Circuit’s Countdown to 2016 Includes Two FLSA Classification Decisions
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 18, 2016, previously published on January 7, 2016
While we were in the midst of office holiday parties and end of the year celebrations, the Fourth Circuit Court of Appeals came down with two precedential decisions for employers to ponder in the New Year. In Williams v. Genex Services, LLC, the Court analyzed the FLSA’s learned professional...

 

HTMLPatient Billing Issues: More Lawsuits to Come?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 14, 2016, previously published on December 29, 2015
Managing out-of-network status has always presented challenges for laboratories, and 2015 added another problem to that list: litigation risk. Both CIGNA and Aetna have filed suit against HDL primarily based on its alleged failure, as an out-of-network laboratory, to collect amounts owed by...

 

HTMLRegulation of Laboratory Developed Tests: What Will FDA Do Next?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 14, 2016, previously published on December 29, 2015
When FDA released in October 2014 a draft guidance document that set forth its plans for regulating LDTs pursuant to its authority over in vitro diagnostics (IVDs), the agency set the stage for controversy in 2015. Historically FDA has exercised its enforcement discretion and elected not to...

 

HTMLEnforcement Actions: LabScam Revisited?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 14, 2016, previously published on December 29, 2015
The recent uptick in enforcement actions against laboratories is reminiscent of the Project LabScam settlements in the 1990s, which involved a number of multi-million dollar civil and criminal settlements and criminal convictions. The conduct primarily involved billing for medically unnecessary...

 

HTMLMassachusetts Court: Patients Have Standing to Sue for Data Breach Based on Data Exposure Alone
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 12, 2016, previously published on January 4, 2016
A Massachusetts Superior Court judge held that a plaintiff has standing to sue for money damages based on the mere exposure of plaintiff’s private information in an alleged data breach. The court concluded that the plaintiff had pleaded a “real and immediate risk” of injury...

 

HTMLHappy New Year - Cybersecurity Information Sharing Act
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 12, 2016, previously published on January 4, 2016
Just at the end of 2015, the Cybersecurity Information Sharing Act (CISA) was enacted into law as part of the omnibus spending measure passed by Congress and signed by President Obama at right before Christmas. The legislation combines elements from the versions of CISA that passed the House in...

 


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