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Documents published from 02/22/2013
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|Recent Changes to the Louisiana Conservation Act|
Jonathan E. Love, Robert W. Scheffy; Jones Walker LLP;
May 21, 2013, previously published on May 16, 2013Acts of the 2012 Legislature, through amendments to the Conservation Act, have increased the burden on operators (sometimes referred to as the "drilling party") when drilling oil and/or gas wells. Before drilling any well, the drilling party must provide a Pre-Entry Notice to the...
|Colorado Expands Remedies for Workplace Discrimination Claims|
Jackson Lewis LLP;
May 21, 2013, previously published on May 17, 2013Colorado Governor John Hickenlooper has signed legislation that greatly expands remedies available to employees bringing workplace discrimination claims under the Colorado Anti-Discrimination Act (“CADA”). Under the Job Protection and Civil Rights Enforcement Act of 2013 (HB 1136),...
|How to Shop for The Best Personal Injury Attorney Warwick RI Residents Trust Most|
The Law Office of Kevin P. Landry P.C.;
May 21, 2013, previously published on Spring 2013Shopping for the best personal injury attorney Warwick RI residents trust most is a bit harder than shopping at the Warwick Mall...
|Employers with Mandatory Health Coverage|
Lowell J. Walters; GrayRobinson, P.A.;
May 21, 2013, previously published on May 16, 2013This e-lert should interest employers that mandate coverage under the employer's group health plan, including those that only permit employees to decline coverage if they have alternate coverage. Most employers imposing this requirement do so in order to make sure their employees are covered so...
|While We’re Waiting on Bartlett, Some New Preemption Challenges to Consider|
Kurt R. Karst; Hyman, Phelps & McNamara, P.C.;
May 21, 2013, previously published on May 20, 2013As folks in the generic drug industry patiently await the U.S. Supreme Court’s decision in Mutual Pharmaceutical Co. v. Bartlett (Docket No. 12-142), a design defect generic drug preemption case (see our previous post here), we thought we would whet the preemption appetite with two new...
|Texas Employers Gain Statutory Protection for Trade Secret Information|
Jackson Lewis LLP;
May 21, 2013, previously published on May 17, 2013Texas has joined 47 other states and the District of Columbia in adopting the Uniform Trade Secrets Act. The new law, Texas Senate Bill 953, which will go into effect on September 1, 2014, provides a number of protections for trade secrets in Texas. New Jersey most recently enacted a law to protect...
|Rx for HIPAA Compliance|
Cynthia J. Larose; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 21, 2013, previously published on May 17, 2013Weighing in at half the length of Tolstoy’s legendary tome War and Peace, it is no surprise that the thought of the impending deadline for compliance with the 538-page HIPAA Omnibus Rule has left many small clinical practices feeling overwhelmed. HHS Office of Civil Rights (OCR) and the...
|California Court of Appeal Enforces Venue Selection Clause in Contract|
Jeffrey N. Brown, Paul M. Torres; Pircher, Nichols & Meeks;
May 21, 2013, previously published on May 15, 2013Parties often contractually designate the state where one can sue (i.e., forum selection clauses) and the county within the state where one can sue (i.e., venue selection clauses). An older California Supreme Court case had held that venue selection clauses were void, but was decided in the context...
|Health Insurance Providers May Feel the Pinch of the Internal Revenue Code's New Sting|
Cynthia J. Borrelli, Rania V. Sedhom; Bressler, Amery & Ross A Professional Corporation;
May 21, 2013, previously published on May 16, 2013One unquestionable outcome of the Affordable Care Act is that next year health insurance companies will see increased revenues as a result of the growing population of individuals purchasing health insurance. To curtail executive pay directly correlated to these additional insureds, a new tax rule...
|Ohio Supreme Court Says Ohio Consumer Sales Practices Act Does Not Apply to Servicing of Residential Mortgage Loans|
Matthew G. Burg; Weltman, Weinberg & Reis Co., L.P.A.;
May 21, 2013, previously published on May 15, 2013Does the Ohio Consumer Sales Practices Act ("OCSPA") (codified in Chapter 1345 of the Revised Code) apply to servicers of residential mortgage loans? That was the question an Ohio federal district court asked the Ohio Supreme Court to determine. The answer - it does not. See Anderson...