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HTMLChange in Illinois Code of Civil Procedure Results in Strict Payment Deadlines for Settling Defendants
Loren S. Cohen; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 4, 2013, previously published on October 29, 2013
On August 26, 2013, Illinois Governor Pat Quinn approved a legislative measure designed to hold settling defendants’ feet to the fire in making timely settlement payments in those cases alleging personal injury, property damage, wrongful death or tortious conduct involving a claim for money...

 

HTML“Savings Clause” Still Threatens ERISA Plan Limitations
Laura E. Fannon, Adrienne C. Publicover; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 4, 2013, previously published on October 30, 2013
In Kentucky Association of Health Plans v. Miller, 538 U.S. 329 (2003), the United States Supreme Court restructured the ERISA preemption analysis and reaffirmed the holding in Unum Life Ins. Co. v. Ward, 526 U.S. 358 (1999), that California’s notice-prejudice rule was saved from preemption....

 

HTMLMaryland Court of Appeals Upholds the Frye-Reed “General Acceptance” Test for Admissibility of Expert Testimony
Peter W. Chin, Angela W. Russell; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 28, 2013, previously published on October 23, 2013
The Maryland Court of Appeals issued an opinion on September 24, 2013, in Josephine Chesson, et al. v. Montgomery Mutual Insurance Co., No. 97, 2013 WL 5311126, -- A.3d --- (Md. Sept. 24, 2013) (Chesson III), finding that, under Maryland’s Frye-Reed standard, where there exists continued...

 

HTMLAs the “NY State of Health” Enters Its Third Week, a Look at the Role of Navigators
Frank J. Fanshawe, Sandy M. Smith; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 23, 2013, previously published on October 18, 2013
New York’s Health Insurance Marketplace, officially called the NY State of Health, has entered its third week of operation, and as of October 8, 2013, had enrolled 40,000 New York residents in health insurance plans offered through the Marketplace. These enrollments have taken place online,...

 

HTMLA Trap for the Unwary Advertiser
Thomas R. Manisero; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 14, 2013, previously published on October 11, 2013
For more than 30 years, Subchapter F, § 301.7216-3, of the Treasury Regulations has provided a safeguard for taxpayers over their personal information submitted to tax preparers. On January 14, 2013, the IRS issued Revenue Bulletin 2013-3 strengthening § 7216 limitations on tax preparers...

 

HTMLACA Not Enough to Save Penn State’s Employee Wellness Program
Frank J. Fanshawe, Sandy M. McDermott; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 14, 2013, previously published on October 9, 2013
Recent negative media reports caused Pennsylvania State University to modify its employee wellness program, making clear that considering compliance with the Patient Protection and Affordable Care Act of 2010 (ACA) alone is not enough when employers launch such programs. Penn State followed the ACA...

 

HTMLEvaluating Employer Insurance Coverages to Defend against Claimed Violations of the Affordable Care Act
Frank J. Fanshawe, Sandy M. McDermott; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 9, 2013, previously published on October 4, 2013
Employers have long been subject to lawsuits brought by employees for employment actions such as wrongful termination, discrimination and harassment. With the opening this week of the Health Insurance Marketplaces and the deadline for employers to provide the Notice to Employees of Coverage Options...

 

HTMLA “Raging Bull” in the U.S. Supreme Court
Laura A. Alos, Adam R. Bialek; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 9, 2013, previously published on October 4, 2013
On October 1, 2013, the Supreme Court of the United States granted the Ninth Circuit’s petition for a writ of certiorari in Petrella v. Metro-Goldwyn-Mayer, Inc., 695 F.3d 946 (9th Cir. Cal. 2012), and will hear an appeal by the daughter of the deceased Frank Petrella, co-author of two...

 

HTMLHHS Issues Privacy Rule Guidance for Law Enforcement Agencies
Frank J. Fanshawe, Jason LaFlam; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
October 2, 2013, previously published on October 1, 2013
The Office for Civil Rights (OCR) of the Department of Health and Human Services recently announced the release of its guidance, “Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule: A Guide for Law Enforcement.” The guide is a resource OCR designed to assist law...

 

HTMLAdministration Delays Launch of Federally Facilitated Small Business Health Insurance Exchanges
Frank J. Fanshawe, Sandy M. Smith; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
September 30, 2013, previously published on September 27, 2013
In 35 states where the federal government is taking a lead role in the development of the health insurance exchanges, small businesses will be required to wait until November to complete their online purchases of health coverage. The Obama Administration originally established October 1, 2013 as...

 


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