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Publication Results

This article surveys recent developments in employee benefits law from Fall 2014 through Fall 2015.
Winter 2016
General Publications
The Department of Labor has turned its attention to MHPAEA compliance. Our Employee Benefits & Executive Compensation Group covers this unnoticed terrain and warns employers and insurers to take heed.
September 27, 2016
Advisories
Federal banking agencies have produced their report mandated by Section 620 of the Dodd-Frank Act on bank activities and investments that could pose a threat to the safety and soundness of banks or the U.S. financial system, almost four years past the official deadline. Our Financial Services & Products Group studies the report and interprets each agency’s distinctive approach to analyzing the issues and taking next steps on recommendations for risk mitigation.
September 22, 2016
Advisories
Our International Tax Group offers a refresher course on U.S. residency start dates and double taxation with U.S. territories.
September 15, 2016
Advisories
Don’t let your insecurities show. Our Cybersecurity Preparedness & Response Team explores how companies not only have to defend against hackers but also from federal regulators looking for the mere risk of insecure networks, systems and products.
September 15, 2016
General Publications
“Family Limited Partnership Regs Target Valuation Discounts,” Tax Notes, Vol. 152, No. 11, September 12, 2016.
September 12, 2016
General Publications
A year after the Kane decision first addressed what it means to “identify” an overpayment and defined the 60-day repayment rule, a defendant settled for $3 million. Our Health Care Litigation and Government & Internal Investigations Groups explore the heightened risks under the False Claims Act.
September 9, 2016
Advisories
The SEC continues its quest to modernize its disclosure regime, now setting its sights on requirements in Regulation S-K related to management, security holders and corporate governance matters. Our Securities Group analyzes the SEC staff’s latest request for comment as part of its Disclosure Effectiveness Initiative.
September 6, 2016
Advisories
A recent IRS Letter Ruling follows a trend of saying not much of anything. Our Federal Tax Group gleans meaning from this waning source of information.
September 1, 2016
Advisories
The impact of the burden of proof on state tax appeals cannot be overstated. Taxpayers often lose tax appeals on the basis that they failed to satisfy the seemingly elusive burden of proof. Apart from limited instances in the arena of alternative apportionment, taxpayers bear the burden of proof in nearly every state tax appeal. As the reasoning goes, taxpayers should bear the burden of proof because it is the taxpayers that possess the necessary information and, thus, are in the best position to establish the proper amount of state tax liability. But should this always be the case?
September 2016
General Publications
The Delaware Secretary of State issues first “official” statement concerning the Temple-Inland decision and asses its impact on the state’s VDA program. Our Unclaimed Property Group discusses his statement, changes in the VDA program and what’s on the horizon for Delaware holders.
August 31, 2016
Advisories
Land Use Matters provides information and insights into legal and regulatory developments, primarily at the Los Angeles City and County levels, affecting land use matters, as well as new CEQA appellate decisions.
August 31, 2016
General Publications
On Aug. 24, 2016, the U.S. District Court for the District of Massachusetts issued an order allowing an ongoing False Claims Act/Anti-Kickback Statute (AKS) case, U.S. ex rel. Herman v. Coloplast Corp., No. 1:11-cv-12131 (D. Mass.), to move forward.
August 29, 2016
General Publications
Plan ahead to avoid additional estate and gift tax liability if the IRS’s proposed regulations on family limited partnerships (FLPs) become final in December. Our Wealth Planning Group explores the ways the rigmarole of planning now could pay dividends later.
August 24, 2016
Advisories
Many pharmaceutical companies today are crossing over into the medical device world in one way or another, most frequently with diagnostics used to identify appropriate patients for particular pharmaceuticals, auto injector devices used to administer their drugs or certain mobile apps, or software designed to aid patients or doctors.
August 23, 2016
General Publications
Now that we know what the Office of Civil Rights requested during its Phase 2 desk audits of covered entities, our Employee Benefits & Executive Compensation Group interprets the data and explains what it means for business associates and future auditees.
August 23, 2016
Advisories
The number of products subject to recalls this year is on pace to dwarf the number of recalled units in recent years. On the heels of the recent IKEA recall involving 29 million units, the CPSC announced the recall of over 5.4 million units of clog removers because the bottles were not child-resistant.
August 2016
General Publications
The government released a Statement of Interest that provides insight into its current interpretation of the Anti-Kickback Statute’s discount exception and safe harbor. Our Health Care Group examines the government’s extreme position and how the courts might respond.
August 22, 2016
Advisories
A legal update on privacy, data security, and all things cyber by the attorneys of Alston & Bird.
August 19, 2016
General Publications
“Public Hospitals,” in AHLA Representing Hospitals and Health Systems Handbook, American Health Lawyers Association, 2016.
2016
General Publications