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| 1 | Vermont Data Mining Law under Review by 2nd Circuit Appeals Court Arianna Chernove, Deborah M. Shelton; Sheppard, Mullin, Richter & Hampton LLP; July 1, 2009, previously published on June 29, 2009 We reported recently that Vermont's data mining law (i.e. Vermont's Prescription Confidentiality Law), which is to take effect on July 1, was upheld by the U.S. District Court for the District of Vermont. |
| 2 | Reverse Payment Issue Continues to Sizzle Arianna Chernove, Deborah M. Shelton, Ryan Roberts; Sheppard, Mullin, Richter & Hampton LLP; July 1, 2009, previously published on June 29, 2009 We reported recently that the issue of reverse settlement payments to generic drug manufacturers was continuing to heat up this summer. FTC Chairman Jon Leibowitz's recent comments on the issue further support this forecast. |
| 3 | Idea of a Health Insurance Exchange Common to House and Senate Healthcare Reform Bills Ranse Murphy Partin, Jason McKitrick; King & Spalding LLP; July 1, 2009, previously published on June 29, 2009 On June 9, 2009, the Senate Health, Education, Labor and Pensions (HELP) Committee released its 615-page bill to expand health insurance coverage and improve health care quality. |
| 4 | Ontario Announces Proposed Greenhouse Gas Cap and Trade System C. W. Daniel Kirby, Jack D. Coop, Jacob Sadikman, Lia Bruschetta; Osler, Hoskin & Harcourt LLP; July 3, 2009, previously published on June 15, 2009 On May 27, 2009, Ontario introduced legislation to aid in implementation of a provincial greenhouse gas (GHG) cap and trade system, and released another discussion paper about the design of such a system. |
| 5 | Texas 81st Legislative Session: If at First You Don't Secede Summer D. Swallow, Darby Allen; Baker & Hostetler LLP; July 3, 2009, previously published on June 25, 2009 Although the 81st regular session of the Texas Legislature began amid talk of secession, it proved to be remembered more for its lack of accomplishments rather than ground-breaking legislation. |
| 6 | California Court of Appeal Holds That a Foreign Manufacturer Can Be Sued in California by Serving Process on an American Subsidiary Daniel J. Herling, Douglas J. Behr, Leyla Mujkic; Keller and Heckman LLP; July 3, 2009, previously published on June 15, 2009 A California Court of Appeals ruled that to be brought in front of a California court, a foreign company does not have to be served in accordance with the Hague Service Convention ("Convention") if its domestic subsidiary is properly served under California law. |
| 7 | Nonprofit Membership Certificate Is Not a Stock Certificate Robert M. Wolin; Baker & Hostetler LLP; July 3, 2009, previously published on June 25, 2009 An arbitrator recently ended a controversy involving the $311 million sale of Community First Foundation's membership interest in nonprofit Exempla Healthcare System's hospitals to the other member of Exempla, the Sisters of Charity of Leavenworth Health System. |
| 8 | Seventh Circuit Denies Rehearing on Dismissal of ERISA Revenue Sharing/Excess Fees Complaint in Hecker v. Deere Sutherland Asbill & Brennan LLP; July 3, 2009, previously published on June 25, 2009 Earlier this year, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of claimed ERISA violations for alleged revenue sharing and excessive fees against a retirement plan sponsor and the mutual fund complex that provided investment options and trust and other services for the... |
| 9 | Supreme Court Rules "Motivating Factor" Standard Not Allowed under ADEA Winston & Strawn LLP; June 29, 2009, previously published on June 2009 Last week, the United States Supreme Court ruled (5 to 4) that employees bringing disparate-treatment claims pursuant to the Age Discrimination in Employment Act (ADEA) must prove that age was the "but-for" cause of the challenged adverse action, rather than simply a "motivating... |
| 10 | MedPAC Report Explores Opportunities for Medicare Payment Incentives Susan Feigin Harris, Kathleen Rubinstein; Baker & Hostetler LLP; July 3, 2009, previously published on June 25, 2009 Stating that "Medicare must change the way it pays healthcare providers ... to achieve better care coordination and efficiency," MedPAC recently released a report to Congress discussing "opportunities" for modifying Medicare payment incentives toward "rewarding value not... |
