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

 







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HTMLCanadian Court Holds That Evidentiary Requirement For Leave To File Securities Class Action Is “Not A Low Bar”
John F. Nucci; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 21, 2016, previously published on June 14, 2016
In January of 2016, this blog commented on the Supreme Court of Canada’s decision in the seminal case of Canadian Imperial Bank of Commerce v. Green. There, the Court held that a prospective plaintiff must move for leave to commence a class action for secondary market misrepresentation...

 

HTMLSenate Appropriations Bill Targets FDA Rulemaking Agenda
Joanne S. Hawana, Sam Rothbloom; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 21, 2016, previously published on June 8, 2016
The Senate Appropriations Committee is looking to tinker with the Food and Drug Administration’s rulemaking agenda through its fiscal year 2017 funding bill for the Department of Agriculture and FDA (S. 2956). Passed unanimously by the committee last month, the bill would give FDA marching...

 

HTMLGet Ready for those HIPAA Audits - New Audit Protocol (and a Mintz Tool!)
Dianne J. Bourque, Jordan T. Cohen, Cynthia J. Larose; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 21, 2016, previously published on April 20, 2016
At long last, the Department of Health and Human Services Office for Civil Rights (OCR) has released a revamped audit protocol that now addresses the requirements of the 2013 Omnibus Final Rule. OCR will be using the audit protocol for its impending Phase 2 audits of covered entities and business...

 

HTMLSupreme Court Makes It Harder for Willful Infringers to Escape Punishment
Sandra J. Badin, Richard G. Gervase, Michael T. Renaud, James Wodarski; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 21, 2016, previously published on June 14, 2016
The Supreme Court has made it easier for patent owners to prove willful infringement and entitlement to enhanced damages. In a unanimous opinion issued yesterday in a pair of cases decided together, Halo Electronics, Inc. v. Pulse Electronics, Inc. and Stryker Corporation v. Zimmer, Inc., the Court...

 

HTMLDOJ and NC File Antitrust Suit Challenging Anti-Steering Restrictions in Payor Contracts
Dionne C. Lomax, Bruce D. Sokler; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 21, 2016, previously published on June 10, 2016
A popular weapon used to contain health care expenditures is the creation by payors and employers of tiered provider networks, which by differentiated co-pays attempt to steer insureds to less expensive choices. In connection with such networks, providers will often provide better pricing in order...

 

HTMLDelta Wins CalOPPA Case - But Your Mobile App May Not Fly
Cynthia J. Larose, Natalle Prescott; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 19, 2016, previously published on June 1, 2016
In a decision favorable to the airline industry—but not helpful to other companies—the California Court of Appeal said that a privacy enforcement action against Delta is not going to fly. On May 25, 2016, the Court of Appeal tossed the California Attorney General’s CalOPPA...

 

HTMLOCR Releases New HIPAA Audit Protocol and Other Audit-Related Materials
Dianne J. Bourque, Jordan T. Cohen; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 19, 2016, previously published on April 20, 2016
Earlier this month the Department of Health and Human Services Office for Civil Rights (OCR) released a revamped audit protocol that now addresses the requirements of the 2013 Omnibus Final Rule. OCR will be using the audit protocol for its impending Phase 2 audits of covered entities and business...

 

HTMLFederal Agencies Release Joint Proposed Rule on Financial Institution Incentive-Based Compensation
Alexander Song; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 19, 2016, previously published on June 3, 2016
Last month, consistent with their obligation under the Dodd-Frank Act, several federal agencies released for comment a joint proposed rule that would prohibit any incentive compensation that encourages inappropriate risk taking by a covered financial institution: (a) by providing an executive...

 

HTMLIn Case You Missed It: The EEOC Sneaks in Its Final Wellness Program Rule Ahead of The DOL’s New OT Rule
Alden J. Bianchi, Alta M. Ray; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 19, 2016, previously published on June 2, 2016
The employer community was sent into a frenzy with the Department of Labor’s release on May 18, 2016 of its final white-collar overtime regulations. Just two days before however, the Equal Employment Opportunity Commission also released its own final regulations regarding employer wellness...

 

HTMLThe IMD Exclusion: Changes Now and Changes to Come
Rodney Whitlock; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 19, 2016, previously published on April 27, 2016
On Monday, CMS finalized their long-awaited Medicaid managed care regulation. Deep in the regulation was a change to allow Medicaid reimbursement for facilities that had previously been excluded from receiving payments. Known as the Institution for Mental Disease (IMD) Exclusion, this change has a...

 


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