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HTMLIRS Relaxes and Clarifies Renewable Energy Tax Credit Eligibility Requirements for Projects Under Construction
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 25, 2014, previously published on August 12, 2014
On August 8, 2014, the Internal Revenue Service (IRS) issued Notice 2014-46 in response to continued industry requests for clarification on several aspects of the renewable electricity Production Tax Credit (PTC) under section 45, or the energy Investment Tax Credit under section 48 in lieu of the...

 

HTMLAcute Care Hospitals Settle FCA Lawsuits for $98 Million
Brian P. Dunphy; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 18, 2014
Community Health Systems, Inc. (CHS) and Community Health Systems Professional Services Corporation, together a national owner and operator of acute care hospitals, and 119 of their hospitals, agreed to pay $98 million to settle seven False Claims Act (FCA) lawsuits filed by qui tam relators around...

 

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...

 

HTMLNational Labor Relations Board Majority Holds That Seeking Co-Worker Assistance with an Individual Harassment Complaint is Protected Activity Under the Act; Overrules Holling Press, Inc.
Erin Cornell Horton; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 19, 2014
Last week, the NLRB took an exceptionally broad view of what constitutes “concerted activity” and what kind of efforts are aimed at “mutual aid or protection” under the National Labor Relations Act. For employers, this could mean increased Board scrutiny of internal...

 

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...

 

HTMLPREPA Bondholders Seek Summary Judgment Invalidating Puerto Rico’s Public Corporation Bankruptcy Legislation
William W. Kannel, Leonard Weiser-Varon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 12, 2014
On August 11, Franklin Funds and Oppenheimer Rochester Funds filed a second amended complaint, opposition to motion to dismiss and cross-motion for summary judgment in the litigation they previously filed in the United States District Court for Puerto Rico challenging the constitutionality and...

 

HTMLGovernor Christie Vetoes New Jersey Unemployment Discrimination Bill
David M. Katz; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 18, 2014
In somewhat of a surprise move, in the same week that New Jersey Governor Chris Christie signed into law the Opportunity to Compete Act, which prohibits employers from inquiring about job candidates’ criminal histories early in the hiring process (which we wrote about here), the Governor...

 

HTMLCMS Re-Opens Open Payments System
Kate F. Stewart; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 18, 2014
As my colleague Brian Dunphy previously reported, CMS temporarily closed the Open Payments system earlier this month. Open Payments is the online system through which pharmaceutical and device manufacturers covered by the Sunshine Act report payments and transfers of value made to physicians and...

 

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...

 

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...

 


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