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HTMLThe Affordable Care Act—Countdown to Compliance for Employers, Week 19: Changes in Employment Status under the Look-Back Measurement Method
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 18, 2014
An earlier post explained the two principle methods—the “monthly measurement method” and the “look-back measurement method”—available to applicable large employers to identify full-time employees for purposes of determining exposure for “assessable...

 

HTMLFederal Court Rejects Relator’s Swapping Allegations in False Claims Act Case
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 15, 2014
This week a federal district court in Ohio ruled in favor of Mobilex USA (Mobilex), the country’s largest mobile medical imaging company, on a motion for summary judgment in a False Claims Act (FCA) suit filed by a former employee, Kevin P. McDonough. McDonough accused Mobilex of...

 

HTMLOIG Approves Manufacturer’s Direct-to-Patient Discount Sales Program
Theresa C. Carnegie, Carrie A. Roll; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 13, 2014
The Office of Inspector General (“OIG”) recently posted an Advisory Opinion approving a pharmaceutical manufacturer’s direct-to-patient product sales program. While this Advisory Opinion cannot be relied upon by anyone other than the requestor, it potentially opens the door for...

 

HTMLCMS Temporarily Closes the Open Payments System
Brian P. Dunphy; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 21, 2014, previously published on August 12, 2014
Open Payments is the website through which pharmaceutical and medical device manufacturers (“Manufacturers”) report payments and transfers of value to physicians and teaching hospitals, as required by the Sunshine Act. The Open Payments system has encountered data issues and has been...

 

HTMLMicrosoft Loses Round in Fight Over Email Held in Irish Data Center
Narges M. Kakalia; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 19, 2014, previously published on August 8, 2014
Rarely do Microsoft, AT&T, Verizon, Apple, Cisco and the ACLU all agree on a particular subject; rarer still that such an unlikely coalition fails.

 

HTMLNo Bones About It: Tenth Circuit Permits Narrowest Market Definition and Raises the Bar for an Entry Defense When Reinstating Monopolization Suit
Robert G. Kidwell, Dionne C. Lomax, Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 15, 2014, previously published on August 11, 2014
On August 5, 2014, the Tenth Circuit Court of Appeals reinstated claims of monopolization and attempted monopolization under Section 2 of the Sherman Act brought by a manufacturer of surgical bone mills against a competitor. In reversing the district court's grant of summary judgment for the...

 

HTMLCertification Strategies: Case Study - Appeal Process Overturns Denial
Jeff P.H. Cazeau; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 15, 2014, previously published on August 1, 2014
Applying for DBE certification can be complex and cumbersome; however, if denied, it’s the appeal process, which requires the right combination of persistence and know-how to be successful. This case study demonstrates how a denial CAN be overturned.

 

HTMLTwo All-Beef Patties, Special Sauce, Lettuce, Cheese, Pickles, Onions, on a Sesame Seed Bun - NLRB Rocks Franchise World by Authorizing Complaints Against McDonald’s as a Joint Employer; Signals Significant Step Toward Broadening the Joint Employer Test
Gauri P. Punjabi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 15, 2014, previously published on August 12, 2014
Understanding the mandates of the Americans with Disabilities Act and similar state and local laws is easy: employers cannot discriminate against individuals with disabilities. However, navigating the reasonable accommodation requirements under these laws is no easy task for employers, especially...

 

HTMLCPSC Magnets Trial in December? Zen Magnets Throws Down the Gauntlet; Vows to “Fight Until the End”
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 14, 2014, previously published on August 7, 2014
Two years ago, the U.S. Consumer Product Safety Commission (CPSC) took the uncommon step of filing administrative complaints against multiple rare-earth magnet companies who refused to voluntarily recall magnetic adult desk toy products deemed to be defective by CPSC staff. Specifically, the agency...

 

HTMLThe Affordable Care Act—Countdown to Compliance for Employers, Week 20: 9.5% - 9.56% (And Why It Matters to Applicable Large Employers)
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 13, 2014, previously published on August 11, 2014
While employers sometimes view the Affordable Care Act’s employer shared responsibility (or “pay-or-play”) rules in isolation, they don’t operate that way. Instead, they exist side-by-side with other provisions of the Act. In particular, the Act’s rules providing...

 


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