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  • Article

    Legislation Proposed To Govern Use Of Deferred Prosecution Agreements, Selection Of Monitors, In Corporate Fraud Investigations

    On January 22, 2008, Representative Frank Pallone, Jr. (D-NJ) introduced legislation in the U.S. House of Representatives that would require the Department of Justice (DOJ) to meet specific guidelines, and obtain judicial approval, prior to entering into deferred prosecution agreements (DPA) with corporations under federal criminal investigation.
    United StatesLitigation, Mediation & Arbitration
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Expansion of the Family and Medical Leave Act

    On January 28, 2008, the President signed the National Defense Authorization Act into law.
    United StatesEmployment and HR
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Expansion Of Competitive Bidding Program For Durable Medical Equipment, Prosthetics, Orthotics, And Supplies

    When added to the MSAs included in the first phase of the program, there will be eighty MSAs involved in competitive bidding, including the three largest MSAs- New York, Los Angeles and Chicago.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    International Client Alert - September 2004

    On Friday, September 10, 2004, the Office of the U.S. Trade Representative ("USTR") published notice of possible tariff increases on certain imports. Under international trading rules, the United States is entitled to "compensation" because the European Union ("EU") raised tariffs above their so-called "bound" (i.e., negotiated) levels.
    United StatesInternational Law
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    IRS Releases New 2005 Form 990 That Includes Some Significant Changes From The Previous Year

    The Internal Revenue Service has recently released its new 2005 Form 990 that includes some significant changes from the previous year. Most notably, Part V of the form, regarding current officers, directors and key employees, has been renamed Part V-A, and it now includes four new questions:
    United StatesTax
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Accounting For Environmental Liabilities Under The New Financial Interpretation Number ("Fin") 47

    In March of 2005, the Financial Accounting Standards Board announced FIN 47, "Accounting for Conditional Asset Retirement Obligations. FIN 47 changes the way companies must report their environmental liabilities, requiring that companies account for the value of retirement obligations when the responsibility itself incurs, not only at the final act of settlement. FIN 47 is effective for fiscal years ending after December 15, 2005, which for most companies is the calendar year 2006. As such, com
    United StatesEnvironment
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    CMS Publishes Medicaid Drug Payment Final Rule

    On July 6, the Centers for Medicare and Medicaid Services (CMS) released a final rule pertaining to the reimbursement of prescription drugs under the Medicaid program. The rule will be published in the Federal Register on July 17, 2007.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Eight Circuit Denies Minnesota Appeal Of CMS Rejection Of Medicaid State Plan Amendment

    In an opinion filed July 31, 2007, the U.S. Court of Appeals for the Eight Circuit rejected Minnesota’s appeal of a Centers for Medicare and Medicaid Services (CMS) decision to deny a Medicaid state plan amendment (SPA) as a result of inadequate responses to the agency’s increased scrutiny of Medicaid reimbursement and state funding mechanisms.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Healthcare Businesses And The Appointment Of A Patient Care Ombudsman In Bankruptcy

    Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCPA"), a number of special provisions were enacted for "healthcare businesses". One provision in particular requires the appointment of a patient care ombudsman in a case under chapter 7 (liquidation) or chapter 11 (reorganization) if the debtor is a healthcare business.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Controversy Continues: Can DHS Regulate SSA No-Match Letters?

    On August 15, 2007, Department of Homeland Security published its final “No-Match” regulation, entitled “Safe Harbor Procedures for Employers Who Receive a No-Match Letter”, which was scheduled to become effective on September 14, 2007.
    United StatesGovernment, Public Sector
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    No Double-Dipping For Copyright Infringement Damages

    Copyright owners may only receive a single recovery for a single injury regardless of the number of infringers under the Eleventh Circuit’s recent holding in BUC International Corporation v. International Yacht Council, Ltd., et. al.
    United StatesIntellectual Property
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    CMS Clarifies Emergency Services Requirements For Hospitals

    On April 26, 2007, the Centers for Medicare and Medicaid Services (CMS) issued a memorandum to state survey agency directors clarifying the regulatory requirements for hospitals’ emergency capabilities.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    CMS Issues Report To Congress On The Medicare Hospital Value-Based Purchasing Program

    The Centers for Medicare & Medicaid Services (CMS) issued a report to Congress on November 21 which provides a framework for how Medicare hospital payments can be linked to performance measures.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Nasdaq Capital Market Securities To Receive Blue Sky Exemptions

    The Securities and Exchange Commission ("SEC") recently approved an amendment to a rule under Section 18 of the Securities Act of 1933 (the "Securities Act") that will designate securities listed on the Nasdaq Capital Market as "covered securities" for purposes of Section 18.
    United StatesFinance and Banking
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Federal District Court Rules That A Joint Bidding Arrangement By Private Equity Funds Did Not Violate Antitrust Laws

    On February 21, 2008, the U.S. District Court for the Western District of Washington ruled that a joint bidding arrangement between competing private equity funds in a contest for corporate control did not violate the Sherman Act.
    United StatesFinance and Banking
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    CMS Disapproves New York SCHIP Plan Amendment, Enforcing New Crowd-Out Guidance

    On September 7, 2007, the Centers for Medicare and Medicaid Services (CMS) disapproved the State of New York’s proposed amendment to the State’s Children’s Health Insurance Program (CHIP) plan.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Immigration Law Client Alert October 2004

    U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough H- 1B petitions to meet the congressionally-mandated cap for fiscal year 2005. Congress has set an annual H-1B cap of 65,000 of which 6,800 are set aside for the H-1B program under terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreements.
    United StatesImmigration
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Loose Lips Sink Ships And Other Fraudulent Conveyance Lessons

    Two recent cases involving fraudulent conveyance actions brought under section 548 of the Bankruptcy Code demonstrate the importance of words spoken and written by the parties contemporaneously with the transaction.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    HHS Proposes New Authority For Secretary To Overturn Or Remand Departmental Appeals Board Decisions

    the U.S. Department of Health and Human Services issued a proposed rule that would grant the Secretary of HHS new authority to overturn or remand certain decisions of the Departmental Appeals Board.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Powell Goldstein LLP
    Powell Goldstein LLP
  • Article

    Diagnostic Products Corp. and Chinese Subsidiary Agree to Fines for Violating the FCPA

    On May 20, 2005, Diagnostic Products Corp. ("DPC") and a wholly-owned Chinese subsidiary reached an agreement with the U.S. Securities and Exchange Commission (the "SEC") to settle a probe of alleged violations of the Foreign Corrupt Practices Act (the "FCPA"), and agreed to pay disgorgement of $2,038,727 and prejudgment interest in the amount of $749,895.
    United StatesInternational Law
    Powell Goldstein LLP
    Powell Goldstein LLP

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