Insights
By: Stacy Walton Long and
on January 27, 2021
As if to underscore Health and Human Services’ (“HHS”) commitment to electronic medical record interoperability and against information blocking, OCR closed out 2020 with a sweeping number of enforcement actions under its HIPAA Right of Access…
By: Scott C. Frissell and Kendall A. Schnurpel
on January 20, 2021
In response to the ongoing COVID-19 pandemic, the IRS recently released Notice 2021-12, extending temporary relief from certain requirements for qualified low-income housing projects and qualified residential rental projects that was previously…
By: Alexander E. Porter and C. Daniel Motsinger
on January 19, 2021
On January 14, 2021, the Supreme Court of the United States resolved a circuit split by unanimously holding that the “mere retention of property” by a creditor after the time a debtor files its bankruptcy petition does not violate the automatic stay…
By: Kendall A. Schnurpel
on January 19, 2021
Earlier this month, the Office of the Indiana State Chemist (“OISC”) began accepting applications for licenses to commercially grow and process hemp using its new online licensing software (the “Application”). The new Application is live following…
By: Scott S. Morrisson
on January 14, 2021
Employment agreements frequently contain restrictions that disallow a departing employee from soliciting former employees and co-workers to join the employee’s new employer. These restrictions are also referred to as “non-poaching” employee…
By: Meghan M. Linvill McNab and Amanda K. Schipp
on January 14, 2021
As we previously reported, on September 14, 2020 CMS Administrator Seema Verma announced, via a tweet, that CMS was withdrawing the proposed rule titled “Medicaid Fiscal Accountability Rule” (“Proposed Rule”). While the Proposed Rule was marketed as…
By: Brandon W. Shirley and Amanda K. Schipp
on January 14, 2021
COVID-19 has undoubtedly elevated telehealth in the health care industry, and has all but assured its continuance long after the public health emergency ends. However, the exact form that telehealth may take along its pathway to becoming a permanent…
By: Brett J. Ashton
on January 13, 2021
Early this morning the Illinois legislature passed and sent to Governor Pritzker for signature, one of the most restrictive consumer lending bills seen in decades that, if signed, will have far reaching implications for not only the payday lending…
By: Robert A. Greising, Virginia A. Talley, and Maria Vladimirova Geltz
on January 12, 2021
On January 1, 2021, Congress enacted the Corporate Transparency Act (the “CTA” or the “Act”) as part of the greater National Defense Authorization Act for Fiscal Year 2021. The CTA requires certain domestic and foreign companies to disclose…
By: Scott S. Morrisson and Alexander L. Mounts
on January 11, 2021
Is it time you consider amending your plan document to provide a waiver of class actions and mandatory arbitration? We first visited this issue one year ago after a 2019 federal court decision approved use of class action waiver and mandatory…
By: C. Daniel Motsinger
on January 6, 2021
The United States Bankruptcy Court for the District of New Mexico recently held that a federal credit union chartered under the Federal Credit Union Act, 12 U.S.C. §§ 1752, et seq., constitutes an “instrumentality of the United States” included in…
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