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HTMLThe Affordable Care Act—Countdown to Compliance for Employers, Week 27: COBRA, Marketplace Coverage, Stability Periods, and Cafeteria Plan Elections
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 27, 2014, previously published on June 23, 2014
Recent developments under the Affordable Care Act and COBRA, and existing rules governing mid-year election changes under cafeteria plans, have combined to make it challenging for certain terminating employees and those employees who experience a reduction in hours to continue health care coverage...

 

HTMLFDA Issues Draft Guidance Easing Compliance for Medical Device Data and Image Systems
Linda D. Bentley; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 27, 2014, previously published on June 20, 2014
In what has been an active couple of months of released guidance documents, the FDA issued another draft guidance on June 20, 2014 entitled, “Medical Device Data Systems, Medical Image Storage Devices, and Medical Image Communications Devices.” The primary purpose of this draft guidance...

 

HTMLComputer Implementation Not Enough to Render Abstract Ideas Patent Eligible
Sandra J. Badin, Richard G. Gervase, Michael T. Renaud; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 27, 2014, previously published on June 20, 2014
The Supreme Court yesterday issued its long-awaited decision in Alice Corporation v. CLS Bank International addressing the patent eligibility of computer-implemented inventions under 35 USC §101. The Court’s unanimous decision affirms the Federal Circuit’s holding that all the...

 

HTMLSecond Circuit Court of Appeals Addresses FLSA’s Public Agency Volunteer Exception, But Withholds Comment on Private Sector Volunteers
Michael S. Arnold; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 27, 2014, previously published on June 20, 2014
For the first time the Second Circuit Court of Appeals tackled the Fair Labor Standards Act’s public agency volunteer exception. In Brown v. New York City Board of Education, the Court outlined the contours of the exception and affirmed a lower court decision finding that the individual at...

 

HTMLSupreme Court to Review Whether Rulemaking is Required When DOL and Other Agencies Flip-Flop on Regulatory Interpretations
David M. Katz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 27, 2014, previously published on June 20, 2014
Earlier this week, the U.S. Supreme Court agreed to review whether the Department of Labor must engage in notice-and-comment rulemaking in order to significantly alter its interpretation of the agency’s Fair Labor Standards Act regulations (Perez v. Mortgage Bankers Association and Nickols v....

 

HTMLGovernor Cuomo Set to Sign Law Repealing the New York Wage Theft Prevention Act’s Annual Pay Notice Requirement; Law Also Extends Wage Payment Liability to Ten Largest Members of New York LLCs
Michael S. Arnold; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 27, 2014, previously published on June 20, 2014
New York is set to end its requirement under the Wage Theft Prevention Act that employers annually distribute notices to employees detailing certain wage payment information. In just the short time it was in effect, this requirement proved an administrative headache for most employers. While the...

 

HTMLU.S. Supreme Court: Pom’s Mislabeling Suit Against Coke Not Precluded by FDA Regulations
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 23, 2014, previously published on June 13, 2014
Yesterday the Supreme Court ruled, 8-0, that Pom Wonderful LLC could pursue mislabeling claims under the federal Lanham Act against the Coca-Cola Company, even though the label at issue complied with FDA labeling regulations. The decision reversed the Ninth Circuit’s 2012 ruling that the...

 

HTMLGrocery Manufacturers File Suit Against Vermont Over GMO Law
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 23, 2014, previously published on June 18, 2014
In April, we wrote about the Vermont legislature’s approval of a bill that would require manufacturers to change the retail labels of certain foods to indicate that they are GMO. On May 8, 2014, Vermont enacted the final version of this bill, now Act 120, which requires manufacturers to make...

 

HTMLNo Quorum at Senate Nominations Hearing for CPSC’s Adler; Three CPSC Nominees Now Waiting for Committee Action
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 23, 2014, previously published on June 12, 2014
The CPSC’s Acting Chairman, Robert (Bob) Adler, testified before the U.S. Senate Committee on Commerce, Science, and Transportation for his confirmation hearing this week along with four other nominees for various positions within the federal government. Acting Chairman Adler was renominated...

 

HTMLThe AMA Adopts New Telemedicine Guiding Principles
Carrie A. Roll; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 23, 2014, previously published on June 18, 2014
Last week, the American Medical Association (AMA) released new guiding principles on the provision of telemedicine services. The AMA’s guiding principles come on the heels of the Federation of State Medical Board’s (FSMB) adoption of its new model telemedicine guidelines and largely...

 


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