Recent Publications - Corporate


Visa-Renewal Policy About-Face Creates Uncertainty
October 30, 2017 | Henry M. Mascia | Corporate
The U.S. Citizenship and Immigration Services (USCIS) changed its policy on visa renewals. USCIS will no longer defer to prior visa approvals and will instead treat each renewal application as if it were an initial application. This represents a major turnaround to an immigration policy that had been in place for 13 years. Since 2004, …
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Trump Administration to Increase Worksite Enforcement of Immigration Laws
October 18, 2017 | Henry M. Mascia | Corporate
Immigration Customs and Enforcement (ICE) Acting Director Thomas Homan confirmed what most immigration experts predicted – the Trump administration will intensify worksite enforcement of immigration laws. Speaking at the Heritage Foundation, Acting Director Homan stated that the agency would increase the amount of time spent on “worksite enforcement” by “four or five times” this year. ICE …
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Heptig Authors VC-List Article
September 13, 2017 | Katherine A. Heptig | Corporate
Kate Heptig’s article, “Equal Isn’t Always Fair: How to Divide Founders’ Equity,” appeared in VC-List, an online publication for the venture capital industry. To read the article, click here. …
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What the DACA Rescission Means for Employers
September 7, 2017 | Henry M. Mascia | Corporate
The Trump administration announced on Tuesday that it would end the Deferred Action for Childhood Arrivals program, known by the acronym “DACA.” The administration has, in effect, delayed the termination of DACA to allow Congress to pass legislation providing legal status to DACA recipients. Employers should know the implications for their obligations to verify work …
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Trump Administration Issues New Form I-9
July 17, 2017 | Henry M. Mascia | Corporate
Today the United States Citizenship and Immigration Services Issued a new version of the Form I-9, which employers must use to document their efforts to verify the identity and employment eligibility of its employees. The new version of the Form I-9 can be found here https://www.uscis.gov/i-9. Employers must begin using the new version of the …
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What Trump’s “Buy American and Hire American” Executive Order Means for Your Business
April 20, 2017 | Corporate | Appeals | Commercial Litigation
On April 18, 2017, President Trump issued an executive order entitled “Buy American and Hire American.” The Order states that the Executive Branch’s official policy is “to rigorously enforce and administer the laws governing entry into the United States of workers from abroad,” in an effort “to create higher wages and employment rates for workers …
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Trump’s Travel Ban: What It Means for Businesses
January 31, 2017 | Corporate
On January 27, 2017, President Donald J. Trump signed an executive order that temporarily restricts visitors from seven countries deemed to harbor terrorists. The order suspends for 90 days the immigrant and nonimmigrant entry into the United States by foreign nationals from Iran, Iraq, Sudan, Syria, Libya, Somalia and Yemen.  The Department of Homeland Security …
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E-Visas Help Foreign Brands Build U.S. Business
January 24, 2017 | Corporate
The combination of globalization and the trend toward clean living has revolutionized the natural products industry, creating opportunities and presenting challenges. Opportunities include the availability of products and human capital from around the world. Bringing those resources into the United States, however, presents challenges. Companies that meet those challenges will have a competitive advantage. NatureCare, …
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An Employer’s Guide to Immigration Policy in a Trump Administration
December 5, 2016 | Corporate
After months of uncertainty during the campaign season, employers finally know that Donald Trump will be the next President of the United States. The Trump administration, which takes power on January 20, 2017, will likely bring fundamental changes to immigration law and policy.  Although many of the details remain uncertain, employers can take action now …
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Language Immersion Programs Qualify as a Q-1 International Cultural Exchange Program
November 2, 2016 | Corporate
United States immigration laws permit a foreign national to enter and work in the United States in an international cultural exchange program that is approved by the Department of Homeland Security.  If the foreign national and the program qualify, the foreign national will be classified as a Q-1 cultural exchange visitor. To qualify for the …
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So You’re Hiring Your First Employee…
October 4, 2016 | Corporate
As an entrepreneur starting your own business, you have a lot to think about.  Hiring your first employee is no exception.  Federal law requires employers to verify every employee’s identity and work authorization by completing and retaining an Employment Eligibility Verification (Form I-9) for each employee.  This obligation can present challenges to an employer hiring …
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L-1 Visa to Open a New Office in the United States
September 6, 2016 | Corporate
The L-1 visa permits employees working abroad to enter the United States and work as a manager, executive, or worker in a specialized knowledge capacity.  Many United States companies petition for L-1 visas so that high-level executives can transfer from a foreign office to an existing U.S. office, but employees may also be eligible for …
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Companies with H-1B and L-1 Employees Are Subject to On-Site Audit — Are You Prepared?
August 8, 2016 | Corporate | Commercial Litigation | Appeals
When an employer sponsors an employee for an H-1B or L-1 visa, the employer agrees to comply with on-site compliance reviews.  The United States Citizenship and Immigration Services (USCIS), which conducts such on-site compliance reviews through the Fraud Detection and National Security (FDNS) directorate, will often visit an employer unannounced and will not typically reschedule …
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August 8 is the Deadline for 7-month STEM OPT Extension
August 4, 2016 | Corporate
An F-1 Visa allows foreign nationals to enter the United States to study full time at an academic institution.  Students on an F-1 Visa can participate in an Optional Practical Training (OPT) while they are still attending school (pre-completion OPT) or after they graduate (post-completion OPT), or both. A student on a F-1 Visa is …
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IRS Ruling Is Cause For Tax-Exempt Provider Concern
July 20, 2016 | Corporate | Health Services
A recent ruling[1] by the Internal Revenue Service has raised concerns about the applicability of tax-exempt status to accountable care organizations. The IRS has taken action which will cause tax-exempt organizations to pause and carefully examine their participation in ACOs or other provider networks, particularly when such an ACO or network does not participate in the Medicare Shared …
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Permissible Questions to Ask about Job Applicant’s Immigration Status
July 7, 2016 | Appeals | Commercial Litigation | Corporate
The Office of Special Counsel for Immigration-related Unfair Employment Practices (“OSC”) at the U.S. Department of Justice recently issued Technical Assistance Letter (“TAL”) regarding employer compliance with the anti-discrimination provision of the Immigration and Nationality Act (“INA”).  The OSC concluded that an employer does not violate anti-discrimination laws by 1) refusing to hire all applicants …
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L-1 Visa for Intracompany Transferees
June 2, 2016 | Appeals | Commercial Litigation | Corporate
An L-1 visa permits multinational companies to transfer qualifying employees from their foreign office to their United States office or to the office of its parent, branch, subsidiary, or affiliate in the United States.  L-1 visas allow multinational companies to facilitate their expansion and to help establish an office in the United States. L-1 visas …
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O-1 Visa: Individuals with Extraordinary Ability or Achievement
May 2, 2016 | Appeals | Commercial Litigation | Corporate
A foreign national with extraordinary ability in the sciences, arts, education, business, or athletics can obtain an O-1 visa to enter the United States and work in their field of expertise.  Due to the annual numerical cap set by Congress on the number of workers that can obtain an H-1B visa for workers in specialty …
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New Guidance on Standards for Job Portability
April 4, 2016 | Corporate
In a new policy memorandum, the United States Citizenship and Immigration Services (USCIS) recently clarified the agency’s interpretation of the phrase “same or similar” occupation for purposes of Immigration and Nationality Act (INA) § 240(j).  Under INA § 240(j), foreign nationals with an approved I-140 can only change jobs if (1) he or she has …
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New Rules Proposed for Optional Practical Training
February 26, 2016 | Corporate
An F-1 Visa allows foreign nationals to enter the United States to study full time at an academic institution.  Qualifying academic institutions include an accredited college, university, seminary, conservatory, academic high school, or elementary school. Students on an F-1 Visa can participate in an Optional Practical Training (OPT) while they are still attending school (pre-completion …
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Insurance Coverage Claims are “Non-Core,” New Jersey Bankruptcy Court Confirms
June 30, 2015
  A New Jersey Bankruptcy Court recently confirmed that questions of insurance coverage arise under state law and typically are not core matters subject to being resolved by bankruptcy courts. The authors of this article discuss the decision and its implications. A New Jersey bankruptcy court, in In re John A. Rocco Co., Inc.,1 has …
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PHHPC Considers Report on Charity Care in ASCs
May 26, 2015
While there has long been a regulatory requirement that ambulatory surgery centers (“ASCs”) provide a certain level of charity care pursuant to 10 NYCRR § 709.5(d), the Public Health and Health Planning Council (“PHHPC”) and an Ad Hoc Advisory Committee on Freestanding ASCs and Charity Care (the “Advisory Committee”) have been reviewing how to measure …
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Navigating the Illinois Anti-Indemnity Statue and Case Law
October 1, 2014 | Real Estate, Zoning & Land Use | Corporate
Construction is a risky proposition. Injury to workers and property loss are significant risks. Accordingly, parties to a construction project often attempt to shift these risks using indemnification provisions. In Illinois, the Construction Contract Indemnification for Negligence Act, 740 ILCS 35/0.01, et seq. (the “Act”),1 prohibits contract language that indemnifies a party for that party’s …
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Public Health and Health Planning Council Approves Recommendations To Create Retail Clinics, Reform Urgent Care
January 9, 2014 | Health Services | Corporate
The Public Health and Health Planning Council (the “Council”) voted on January 7th to approve its report on ambulatory services (the “Report,” viewable here), completing an initial step in the process of expanding and reforming ambulatory service clinics in New York.1 The Report seeks to regulate various classes of ambulatory service centers in the State. …
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You Should Trademark That!
December 31, 2013 | Intellectual Property | Corporate | Insurance Coverage
Not so fast.  With the emergence of online companies advertising discounted trademark registration services, one could easily be misled into believing that securing a trademark registration has been relegated to nothing more than a ministerial act; that with the insouciant wave of the hand, a trademark registration will instantaneously appear at your door step.   Nothing …
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New York State Department of Health Discusses Future of Urgent Care and Freestanding Emergency Room Regulations
September 30, 2013 | Corporate | Health Services
On September 13th, the New York State Department of Health’s (“DOH”) Public Health and Health Planning Council’s Health Planning Committee (the “Committee”) convened a meeting in New York City to discuss the oversight of various ambulatory service settings. Specifically, the Committee discussed freestanding emergency departments (“FEDs”), urgent care clinics, upgraded diagnostic and treatment centers, and …
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A Seller’s Remedy, But With Limitations
September 30, 2013 | Corporate
Nearly a decade ago, Congress amended the U.S. Bankruptcy Code to add a new section that was intended to benefit sellers of goods to failing or financially distressed companies. Under this new provision, Bankruptcy Code Section 503(b)(9), a seller of goods is entitled to an “administrative expense claim,” for the goods sold and received by …
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Courts Divide Over Intellectual Property Licensee’s Rights When Bankrupt Licensor Rejects License
April 30, 2013 | Corporate | Insurance Coverage | Intellectual Property
Celeste M. Butera, a partner in the firm’s Insurance Coverage & Litigation and Intellectual Property Practice Groups and Stuart I. Gordon and Matthew V. Spero, members of the firm’s Corporate & Commercial Practice Group, co-authored, “Court’s Divide Over Intellectual Property Licensee’s Rights When Bankrupt Licensor Rejects License,” which appeared in the April/May 2013 issue of Pratts …
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Courts Divide Over Intellectual Property Licensee’s Rights When Bankrupt Licensor Rejects License
April 1, 2013 | Corporate | Insurance Coverage | Intellectual Property
Suppose that a company licenses a trademark ? or some other form of intellectual property ? from a company that owns a trademark (the “licensor”), the licensor files for bankruptcy protection, and the bankruptcy trustee exercises its rights under the Bankruptcy Code to “reject” (i.e., breach) the trademark license. What are the licensee’s rights and …
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U.S. Department of Health and Human Services Issues Final Rule Implementing Changes to HIPAA Arising from the Hitech Act
March 8, 2013 | Health Services | Corporate
Since its enactment in 1996, the Health Insurance Portability and Accountability Act (“HIPAA”) has prohibited covered entities from using or disclosing a patient’s individually identifiable health information except either as HIPAA permits or requires or as the patient authorizes in writing.  Last month, the U.S. Department of Health and Human Services (“HHS”) published a final …
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CMS Releases Proposed Payment Rule for Hospital Outpatient Payment Systems and Ambulatory Surgery Centers
August 14, 2012 | Corporate | Health Services
On July 6, CMS released its proposed rule (the “Rule”) for Hospital Outpatient Prospective Payment Systems (“HOPS”) and Ambulatory Surgery Center Payment Systems (“ASC Payments”) which was published in the Federal Register on July 30, 2012.  The final rule is expected to be published on November 30, 2012.  The Rule would increase reimbursement for HOPS …
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New York State Bill Promoting the Formation of Accountable Care Organizations Awaits Governor’s Signature
July 31, 2012 | Corporate | Health Services
On June 22, 2012, the New York State legislature passed A8869-B Gottfried / S6228-B Hannon, an Act to Amend the Public Health Law, in Relation to Accountable Care Organizations.  The bill now only needs the signature of Governor Andrew Cuomo before becoming law. The bill seeks to promote the formation of accountable care organizations (ACOs) …
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OIG Warns Against Certain Arrangements Between Anesthesiologists and ASCs
June 15, 2012 | Health Services | Corporate
The Office of the Inspector General (the “OIG”) recently issued Advisory Opinion No 12-06 (the “Opinion”) on two proposed arrangements between the exclusive providers of anesthesia services to a group of ASCs (the “Provider”) and physician-owned ASCs (the “ASC”).  Briefly stated, the Provider wished to enter into one of two possible arrangements to provide anesthesia services …
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How Bankruptcy and the Doctrine of Judicial Estoppel Affect the Investigation and Litigation of Insurance Claims
September 30, 2011 | Insurance Coverage | Appeals | Corporate
Recently, our clients have seen an increase in insurance claims where an insured, who has previously filed for bankruptcy, subsequently sustains a first-party property loss and seeks indemnification for the loss. There are several important issues to consider when investigating claims of this nature, including whether the insured has fraudulently valued the insurance claim or …
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HHS Issues Medicaid RAC Rule, Effective January 1, 2012
September 16, 2011 | Corporate | Health Services
Building on its successful program that targets and recovers improper Medicare payments, on September 14, 2011, the Centers for Medicare & Medicaid Services issued a final rule to establish a Medicaid Recovery Audit Contractor (RAC) program. The Medicaid RAC program, part of the Patient Protection and Affordable Care Act which expanded the RAC program to …
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UPDATE: CMS Innovation Center Extends Certain Deadlines for its Bundle Payment Program
August 31, 2011 | Corporate | Health Services
The Center for Medicare and Medicaid Innovation (“Innovation Center”) has extended certain deadlines for its new bundled payment program known as the “Bundled Payments for Care Improvement” initiative (the “Bundled Payments Program”), which was first announced on August 23, 2011. A bundled payment approach combines payment for hospital, physician, and other provider services into a …
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Closet Cleaning Tips: The DMEPOS Standard Against Sharing Practice Location
August 31, 2011 | Corporate | Health Services
Before considering arrangements involving the provision of durable medical equipment, prosthetics, orthotics, and supplies (“DMEPOS”) as part of their practice, healthcare providers must be mindful of not only the Stark Law and Anti-kickback Statute, but also of the CMS standards applicable to DMEPOS suppliers.[1] These standards are contained in 42 CFR § 424.57(c), and all …
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New York State DOH Extends Health Home Application Deadline to October 3, 2011
August 17, 2011 | Corporate | Health Services
The New York State Department of Health (“DOH”) recently announced that it has extended from September 1 to October 3, 2011 the filing deadline for submission of applications by interested organizations seeking to participate in the new Health Home program being established by Medicaid.  Under the health home program, DOH will provide reimbursement to eligible …
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CMS Today Announces Three New Initiatives Intended to Enable Prospective Accountable Care Organizations to Hit the Ground Running
May 17, 2011 | Corporate | Health Services
The Centers for Medicare and Medicaid Services (CMS) today announced three new initiatives in connection with its efforts to advance accountable care organizations (ACOs) – a new type of healthcare organization being promoted under the Patient Protection and Affordable Care Act (“Affordable Care Act”) enacted last year.  As discussed in our prior alerts, the Affordable …
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Federal Physician Payment “Sunshine” Provisions for Financial Relationships
September 30, 2010 | Corporate | Health Services
As of January 1, 2012, information must be collected identifying the amount and nature of any compensation, reimbursements or other payments that physicians and teaching hospitals receive from manufacturers of pharmaceutical drugs, medical devices, biologicals and medical supplies, for consulting services or other arrangements.  This information will be made publicly available beginning on September 30, …
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CMS Proposes New Disclosure Requirement for Certain Radiology Services
September 30, 2010 | Corporate | Health Services
The Centers for Medicare and Medicaid Services (“CMS”) has proposed revisions to the existing federal physician self-referral law (“Stark Law”) regulations to implement provisions enacted as part of the Patient Protection and Affordable Care Act of 2010 (“Affordable Care Act”).  The proposals appear in two separate rulemakings:  (1) the CY 2011 Medicare Physician Fee Schedule …
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State Hospital Review & Planning Council & Public Health Council Merge
August 31, 2010 | Health Services | Corporate
Please click the link below to view The State Hospital Review and Planning Council and the Public Health Council Merged into the Public Health and Health Planning Council. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. The State Hospital Review …
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Bankruptcy Law v. Employment Discrimination
July 31, 2010 | Corporate
Please click the link below to view the Bankruptcy Law v. Employment Discrimination. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. Bankruptcy Law v. Employment Discrimination …
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FTC Extends Enforcement Deadline for Identity Theft Red Flags Rule
June 4, 2010 | Corporate | Health Services
The Federal Trade Commission (FTC) is further delaying enforcement of the “Red Flags” Rule through December 31, 2010, while Congress considers legislation that would affect the scope of entities covered by the Rule. The Rule currently requires medical practices to develop and implement policies that would help prevent identity theft, arguably a burdensome requirement for …
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Family Health Care Decisions Act Becomes Law
June 4, 2010 | Corporate | Health Services
On March 16, 2010, Gov. Paterson signed into law the Family Health Care Decisions Act, which allows family members, domestic partners or close friends to make medical care decisions for loved ones who are incapacitated. This replaces a law that forced many physicians to provide aggressive life-sustaining treatment to patients who had not signed a …
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A New Era of Hospital-Physician Integration
June 4, 2010 | Health Services | Corporate
With budget cuts and the increasing administrative and regulatory complexities, hospitals are facing unprecedented challenges. This is especially true now with the passage of Health Reform legislation which promotes new payment models that are designed to reduce health care spending by rewarding providers who collaborate across of broad spectrum of disciplines and who achieve “value” …
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The Impact of the Patient Protection and Affordable Care Act
April 30, 2010 | Corporate | Health Services
Please click the link below to view the Health Law Bulletin – April/May 2010. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install. Health Law Bulletin – April/May 2010 Reprinted with permission.  All rights reserved. …
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Park West Radiology Settles Lawsuit With CareCore National
January 12, 2010 | Health Services | Corporate
On December 16th, Park West Radiology, a practice of Lenox Hill-affiliated radiologists, agreed to a settlement with CareCore National, a radiology benefit management company used by major insurers in the New York City and Long Island areas. Park West agreed to withdraw the antitrust lawsuit that it had filed against CareCore and entered into a …
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