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|CROmnibus Passes House|
McDonald Hopkins LLC;
February 17, 2015, previously published on December 12, 2014On Thursday morning, House Republican leadership narrowly cleared a major hurdle in their race to keep the government open, winning a key procedural vote on a massive spending bill. Passage of the rule governing debate for the "CROmnibus" bill occurred by a razor-thin, 214-212, margin; it...
|Summary of the Most Recent USCIS EB-5 Public Engagement (Dec. 5, 2014)|
Cory A. Richards; Greenberg Traurig, LLP;
February 17, 2015, previously published on December 16, 2014On Dec. 5, 2014, USCIS held a stakeholder conference call for individuals interested in the EB-5 Program. Approximately 50 stakeholders attended in person, while another approximately 500 stakeholders dialed in via telephone. The engagement was attended by León Rodríguez, director,...
|The Fifth Circuit Declines to Extend Sackett to Jurisdictional Determinations|
John B. King; Breazeale, Sachse & Wilson, L.L.P.;
February 17, 2015, previously published on January 7, 2014In Belle Company v. U.S. Army Corps of Engineers, 761 F.3d 383 (5th Cir. 2014) [http://www.ca5.uscourts.gov/opinions/pub/13/13-30262-CV0.pdf], the Fifth Circuit distinguished the jurisdictional determination (JD) issued to Belle from the compliance order issued to the Sacketts and declined to...
|“Per Capita” v. “Per Share” Voting in Agreements-Words Matter|
Richard L. Renck; Duane Morris LLP;
February 17, 2015, previously published on December 16, 2014In Salamone, et al. v. Gorman, No. 343, 2014 (Del. Dec. 9. 2014), the Supreme Court of Delaware writes for nearly 60 pages sorting out contradictory provisions in a voting agreement that was supposed to clearly spell out the rights of various investors and investor groups to elect directors to the...
|Another Win for a False Claims Act Defendant|
Seth A. Goldberg; Duane Morris LLP;
February 17, 2015, previously published on January 5, 2015On January 2, 2015, the U.S. District Court for the Central District of California threw out claims that Walgreens pharmacy violated the federal and California false claims acts on the basis that the plaintiff failed to meet the applicable stringent pleading requirements.
|False Claims and Anti-Kickback Defendants Should Insist on Discovery from the Whistleblower/Relator|
Seth A. Goldberg; Duane Morris LLP;
February 17, 2015, previously published on December 22, 2014One arrow in the quiver for healthcare providers sued for violations of false claims and anti-kickback statutes is pressing for discovery from the whistleblower/relator, including a deposition of the relator. The failure of the whistleblower to comply with the discovery obligations could result in...
|New Legislative Redistricting Process Could Be in Ohio’s Future|
Michael Caputo, Rebecca M. Kuhns, Aaron M. Ockerman, Todd A. Snitchler; McDonald Hopkins LLC;
February 17, 2015, previously published on December 5, 2014Following years of debate on the issue, the Ohio legislature is poised to pass a resolution to change the way that legislative districts are drawn. The state’s current process for drawing legislative boundaries is highly partisan, requiring a simple majority vote by members of the Ohio...
|IRS Provides Interim Guidance as to Private Business Use and Accountable Care Organizations and Expands Safe-Harbors for Qualified Management Contracts|
Joe E. Forrester, Christie Lombard Martin, Antonio D. Martini; Edwards Wildman Palmer LLP;
February 17, 2015, previously published on November 2014On October 24, 2014, the IRS published Notice 2014-67 (the “Notice”) which provides interim guidance for determining whether a State or local government entity or 501(c)(3) organization that benefits from tax-exempt bond financing will be considered to have private business use of its...
|Beyond the Neon: Emerging Tech Opportunities in Las Vegas|
Colin Seale; Greenberg Traurig, LLP;
February 16, 2015, previously published on December 9, 2014Though tourism and gaming will lead Nevada’s economy for the foreseeable future, businesses and government entities in Nevada, and Las Vegas in particular, have invested deeply into several areas of emerging technology.
|U.S. Government to Expand Ukraine and Russia-Related Sanctions|
Kara M. Bombach, Sandra K. Jorgensen, Julia Sorrentino; Greenberg Traurig, LLP;
February 16, 2015, previously published on December 18, 2014On Dec. 13, 2014, the U.S. Congress unanimously passed the Ukraine Freedom Support Act (UFSA) authorizing the president to expand sanctions against Russia and provide military aid to Ukraine. President Obama is expected to sign the legislation into law