Recent Publications

Small Business-Big Options: A Cross-Border Perspective On Establishing A High-Growth Business
March 22, 2018 | Stella Lellos | Corporate
Stella Lellos co-wrote an article for USLAW Magazine entitled, “Small Business – Big Options – A Cross-Border Perspective On Establishing A High-Growth Business.” Click here to read the article. …
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Parental Advisory®? The Future of the Trademark Registrations Post TAM
March 22, 2018 | Michael C. Cannata | Frank M. Misiti | Intellectual Property
Michael C. Cannata and Frank M. Misiti have published an article in USLaw Magazine entitled,” Parental Advisory®? The Future of the Trademark Registrations Post TAM.” Click here to read the article. All rights reserved. Reprinted with permission from …
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Warning from DoH: HIPAA Compliance Doesn’t End When a Business Closes
March 19, 2018 | Benjamin P. Malerba | Ada Kozicz | Health Services
A recent settlement between the U.S. Department of Health and Human Services, Office of Civil Rights (the Department) and Filefax, Inc. serves as a stark reminder for covered entities and business associates that their obligation to comply with the Health Insurance Portability and Accountability Act (HIPAA) does not end simply because they close their business …
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Kaiser Published in Westlaw Journal
March 16, 2018 | Geoffrey R. Kaiser | Compliance Investigations & White Collar
Geoffrey R. Kaiser’s article, “Government Dismissal under the False Claims Act: Policy Change or Much Ado About Nothing?” was published in Westlaw Journal White Collar Crime in the March 2018 issue. Click here to read the article. …
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Linker Authors Article in Mealey’s Litigation Report
March 15, 2018 | Ian S. Linker | Insurance Coverage
Ian Linker was published in Mealey’s Litigation Reports: ERISA and DISABILITY, in a commentary piece entitled, “Preemption Is Preemption. Or Is It? A Recent Fifth Circuit Decision Shes Light On The Differences Between Conflict And Complete ERISA Preemption.” Click here to read article. …
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Linker Publishes Article in FC&S Legal
March 13, 2018 | Ian S. Linker | Insurance Coverage
Ian Linker has published an article in FC&S Legal entitled, “To Thine Own Plan Be True: Burdens of Proof and Standards of Review Under Attack in ERISA – Benefits Litigation.” Click here to read article. …
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Insurance Update
March 9, 2018 | Robert Tugander | Insurance Coverage
Luck, both good and bad, is a theme persistent throughout the month of March.  There’s St. Patrick’s Day and the luck of the Irish.  There’s the cautionary warning “Beware the Ides of March.”  And for college basketball fans, it’s the key ingredient to winning the March Madness office pool. And it just so happens that …
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Gordon and Spero Published in Pratt’s Journal of Bankruptcy Law
March 9, 2018 | Stuart I. Gordon | Matthew V. Spero | Bankruptcy
Stuart Gordon and Matthew Spero’s article, “A Potentially Momentous Decision: Second Circuit Explains How to Calculate Chapter 11 Cramdown Interest Rate,” was published in the March 2018 issue of Pratt’s Journal of Bankruptcy Law. The article discusses the long-awaited decision by the U.S. Court of Appeals for the Second Circuit that may make it more …
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Exploring Limits Of Anti-Kickback Law Employee Safe Harbor
March 5, 2018 | Geoffrey R. Kaiser | Health Services | Compliance Investigations & White Collar
The federal Anti-Kickback Statute contains a statutory exception or “safe harbor” providing that the AKS will not apply to “any amount paid by an employer to an employee (who has a bona fide employment relationship with such employer) for employment in the provision of covered items or services.” 42 U.S.C. 1320a-7b(b)(3)(B) (emphasis added). Similarly, the parallel regulatory exception states …
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Employee Benefit Plan Review – From the Courts
March 2, 2018 | Ian S. Linker | Insurance Fraud | Employment & Labor
Fifth Circuit Holds ERISA Preempts Plaintiff’s Claims under State Law, and Plaintiff’s Claim for Equitable Relief Fails as a Matter of Law The plaintiff in this case sought to recover life insurance benefits under  an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA). Her deceased husband had been …
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Employee Relations Law Journal – From the Courts
March 2, 2018 | Norman L. Tolle | Employment & Labor | Insurance Coverage
Disability Policy Had to Provide Same Benefits for Mental Illness as for Physical Injury, Montana Federal Court Decides The plaintiff in this case worked as a claims adjuster for Farmers Group, Inc. After she became disabled due to her bipolar disorder, she applied for long-term disability benefits under the company’s group disability income plan, issued …
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Failure to Cooperate in Suspected Fraud Case Can Doom Insured’s Claim
March 1, 2018 | Evan H. Krinick | Appeals
After a policyholder submits a claim to an insurance company, the insurer investigates to determine whether to pay the claim, as the insurer is permitted to do under its insurance policy. On occasion, after an insurer has begun to investigate a claim, it may come to believe that the claim is fraudulent, or at least …
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N.J. Employers Seeking IP Rights From Employees Face New Obstacles
February 23, 2018 | Nancy A. Del Pizzo | Intellectual Property
Effective April 1, 2018, employers in New Jersey will no longer be able to use an employment contract to obtain rights to an employee’s inventions. Exceptions included in the legislation are whether the inventions (a) relate “to the employer’s business or actual or demonstrably anticipated research or development,” or (b) result “from any work performed …
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The One Thing Employers Need to Know for This H-1B Season
February 22, 2018 | Henry M. Mascia | Corporate | Employment & Labor
The H-1B visa program has come under intense public scrutiny over the last year. In response to perceived abuses in the H-1B program, President Trump issued the “Buy American, Hire American” executive order, which directed the Department of Homeland Security (DHS) to advance policies to help ensure H-1B visas are awarded to only the most-skilled …
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2018 Bipartisan Budget Act and Stark Law Amendments
February 21, 2018 | Geoffrey R. Kaiser | Jonathan D. Salm | Health Services | Compliance Investigations & White Collar
On February 9, 2018, Congress passed the Bipartisan Budget Act of 2018, providing a two-year budget agreement that increases federal spending, funds disaster relief efforts, and amends a number of healthcare programs, among a host of other changes. While the Act has broad implications for many aspects of U.S. law, one amendment in particular should …
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