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- A Deeper Dive into CMS’ Multiple Best Prices Policy
As my colleague Tom wrote about in a recent post, the Centers for Medicare & Medicaid Services (CMS) has finally responded to a growing chorus of stakeholders that government price reporting requirements, particularly Medicaid Best Price (BP), are stifling innovative value-based contracting arrangements (VBAs). As the proverbial wisdom goes, “nothing changes if nothing changes,” and...
- ESG Considerations for Incentive Compensation Programs
Stakeholder attention to environmental, social and governance (ESG) issues continued to grow throughout 2020 driven by the COVID-19 pandemic (health and safety), the Black Lives Matter movement (diversity and inclusion) and worldwide wildfires (climate change), to name a few. Prodded by investors and other stakeholders, companies have increasingly realized the importance to their businesses of managing human capital and monitoring human rights, whether in respect of their own workforces or their supply and customer chains. Further, disclosure and engagement around companies’ human capital management (HCM) practices have become more important and even the Securities and Exchange Commission, which had in the past largely avoided specific ESG disclosure mandates, has weighed in and now requires disclosure regarding human capital resources in annual reports on Form 10-K.
- FTC Remedial Power Under Scrutiny at U.S. Supreme Court
On Wednesday, January 13, the Supreme Court heard arguments in AMG Capital Management LLC v. Federal Trade Commission. This case raises the question whether the Federal Trade Commission (FTC) has been properly using Section 13(b) of the FTC Act, the provision authorizing requests for preliminary and permanent injunctions where the FTC believes the defendant “is...
- Cakes Gone Bad: The Cheesecake Factory Faces Securities Scrutiny
COVID-related securities claims continue to rattle the marketplace. On December 7, a leading plaintiffs firm announced an investigation on behalf of shareholders of The Cheesecake Factory Inc., just days after the SEC announced it was settling charges against the company for making misleading disclosures about the impact of the COVID-19 pandemic on its business operations...
- "Cannabis use among military veterans: A great deal to gain or lose?"
The title of this post is the title of this notable new meta-analysis of research on marijuana use by veterans just published in the Clinical Psychology Review and authored by Jasmine Turna and James MacKillop. (I found this preprint version of the paper here for those with paywall barriers.) Here…
- FEC Reconvenes: What We Learned from the First Meeting of the New FEC
With a full complement of six commissioners for the first time since early 2017, the FEC met in open session yesterday. Led by FEC Chair Shana M. Broussard and Vice Chair Allen Dickerson, the first meeting addressed a number of non-controversial matters that lent themselves to consensus. That said, there were several interesting features to...
- US Executive Branch Update – January 15, 2021
This report provides a snapshot of the US Executive Branch priorities via daily schedules and the prior day’s press releases. POTUS’ Schedule* *The US President (POTUS) and Vice President’s (VPOTUS) daily schedules are subject to change. The White House had yet to release the President’s schedule. VPOTUS’ Schedule* 10:05 a.m. EST – THE VICE PRESIDENT...
- Coverage of Routine Clinical Trial Costs Under the Medicaid Program
Right before the new year, we told you about some of the Medicaid-related provisions of the COVID relief package that was recently signed into law by President Trump. One provision of that law that we thought merited a separate article was a new requirement that state Medicaid plans cover the routine patient costs of items...
- DOL Opinion Letter Issued Regarding Administrative Exemption for Account Managers of Life Science Product Manufacturer
On January 8, 2021, the U.S. Department of Labor (DOL) issued opinion letter FLSA2021-1. Spoiler alert – the DOL determined that account managers at a life science products manufacturer were properly classified as exempt from overtime based on the administrative exemption. These employees have at least a bachelor’s degree in a life science (or a...
- Supreme Court Holds Mere Retention of Bankruptcy Debtor’s Property Is Not a Violation of the Automatic Stay but More Questions Remain
For the past few years, the federal circuit courts have struggled with the issue of whether a creditor retaining possession of bankruptcy estate property violates the automatic stay. For example, is a creditor required to automatically turn over a vehicle as soon as the bankruptcy petition is filed, or can the creditor retain possession of...
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- Review Granted by the California Supreme Court
Walia v. Aetna, Inc.,93 Cal. App. 4th 1213 (2001) ($1.26 million verdict upheld in favor of employee who refused to sign non-compete). Intel Corp. v. Hamidi, 94 Cal. App. 4th 325 (2001) (Former employee trespassed by flooding employer’s e-mail system with messages)....
- Demoted Employee Was Not Entitled To Workers’ Compensation Benefits
City of Oakland v. WCAB, 99 Cal. App. 4th 261 (2002) David Gullet, a former employee of the Oakland Parks and Recreation Department, was demoted from his position as Parks Supervisor II to Parks Supervisor I due to budgetary pressures facing the city. In response to the demotion, Gullet filed a...
- Property Owner Not Liable For Injuries To Employee Of Subcontractor
Lopez v. C.G.M. Dev., Inc., 101 Cal. App. 4th 430 (2002) C.G.M. Development, Inc., a property owner, entered into a contract with Dekkon Development, Inc., a general contractor, to develop commercial property located in the City of Industry. Dekkon in turn entered into a subcontract with L&E...
- The Continued Use Or Disclosure Of A Trade Secret May Be Part Of A “Continuing Misappropriation”
Cadence Design Sys. v. Avant! Corp., 29 Cal. 4th 215 (2002) In this case, the California Supreme Court answered the following question of law certified to it from the United States Court of Appeals for the Ninth Circuit: Under the California Uniform Trade Secrets Act (UTSA), when does a claim for...
- New site a bridge between divorced parents
Launched Nov. 25, KidsnCommon.com seeks to help bridge the communication gap between divorced parents and enable them to address more constructively issues involving their children. Among its features are an interactive calendar accessible to both parents, a component for sharing documents, a bill...
- Search engine upstart Teoma releases version 2.0
If I had a mantra of Internet legal research, it would be that a good search engine is a lawyer’s most useful Internet tool. While Google reigns supreme, I wrote last May about several upstarts challenging its dominance, most notably Teoma, launched April 2, 2002. Today, Teoma launches its version...
- Analysis of AB 2370 New Legislation Regarding LAFCos and Williamson Act Lands (Chap. 614, Stats. 2002)
by William W. Abbott and Robert T. Yamachika The Governor recently signed AB 2370 which amends portions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (“LAFCo law”). This legislation takes effect on January 1, 2003, but does not apply to changes of organization or...
- Daubert Tool Lets Lawyers Track Expert’s History
I have just finished writing a column about a new Web tool that every trial lawyer who uses expert witnesses should look at. I cannot post the entire column until it appears in print, but I can offer a preview. As any trial lawyer will tell you, getting expert testimony admitted has been tougher...