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New York Public Personnel Law

Provides summary and commentary on selected court and administrative decisions and related matters affecting public employers and employees in New York State. By Harvey Randall, Esq.

http://publicpersonnellaw.blogspot.com/

May 18
NYPPL's Decision of the Week for the Week ending May 18, 2013 - Allegations of unlawful racial discrimination

NYPPL's Decision of the Week for the Week ending May 18, 2013 - Allegations of unlawful racial discrimination

NYPPL's Decision of the Week For the Week Ending May 18, 2013 Allegations of unlawful racial discrimination This action was brought by the United States Department of Justice pursuant to Title VII of the Civil Rights Act of 1964, 42…
May 17
The provisions in a collective bargaining agreement that are otherwise controlling may be waived if the waiver is “knowing and voluntarily” made

The provisions in a collective bargaining agreement that are otherwise controlling may be waived if the waiver is “knowing and voluntarily” made

The provisions in a collective bargaining agreement that are otherwise controlling may be waived if the waiver is “knowing and voluntarily” made 2013 NY Slip Op 03251, Appellate Division, Fourth Department In September 2006 an…
May 16
An employee’s satisfying the employer’s residency requirement is critical to his or her continuation in employment

An employee’s satisfying the employer’s residency requirement is critical to his or her continuation in employment

An employee’s satisfying the employer’s residency requirement is critical to his or her continuation in employment2013 NY Slip Op 03230, Appellate Division, Fourth Department The City of Niagara Falls’ Local Law No. 7…

Rank this Week: 95

California Attorneys Representing…

California Attorneys Representing Licensed, Regulated And Other Professionals

Addresses issues faced by license professionals and regulated businesses in civil, business, administrative and criminal matters with an emphasis on health care. By Green & Associates.

http://greenandassociates.blogspot.com/

May 17
Tracy Green Nominated For 2013 "Women Making A Difference Award"

Tracy Green Nominated For 2013 "Women Making A Difference Award"

The Los Angeles Business Journal held its twenty-first annual Women Making a Difference Awards Reception and Luncheon event at the JW Marriott Hotel at L.A. Live in Los Angeles on Wednesday, May 14, 2013. It was an uplifting and…
May 15
Los Angeles Clinic Owner Received Lengthy Sentence In Distribution of Prescription Drugs Case

Los Angeles Clinic Owner Received Lengthy Sentence In Distribution of Prescription Drugs Case

The government's war on prescription drugs -- especially those obtained through prescriptions and pharmacies -- continues. On May 2, 2013, in the Central District of California, U.S. District Judge David O. Carter sentenced Anush…
May 5
Adventist Health and White Memorial Medical Center In Los Angeles Pay $14.1 Million to Resolve False Claims Act Allegations Involving Physician Referral Payment

Adventist Health and White Memorial Medical Center In Los Angeles Pay $14.1 Million to Resolve False Claims Act Allegations Involving Physician Referral Payment

On May 3, 2013, a qui tam federal lawsuit filed by Los Angeles physicians Hector Luque and Alejandro Gonzalez was settled with Adventist Health System/West, dba Adventist Health, and its affiliated hospital White Memorial Medical…

Rank this Week: 347

CFTC Law

Covers futures, commodities and forex regulation. By Shipkevich Law Firm.

http://www.cftclaw.com/

May 17
CFTC Approves SEF Rules and Swaps Block Rule

CFTC Approves SEF Rules and Swaps Block Rule

CFTC Approves SEF Rules and Swaps Block RuleOn Thursday the CFTC approved the Swaps Block Rule, the Made Available to Trade Rule, the SEF rules, and the Interpretive Guidance and Policy Statement on Disruptive Practices. CFTC LAW | Forex,…
May 17
CFTC Approves SEF Rules and Swaps Block Rule

CFTC Approves SEF Rules and Swaps Block Rule

CFTC Approves SEF Rules and Swaps Block RuleOn Thursday the CFTC approved the Swaps Block Rule, the Made Available to Trade Rule, the SEF rules, and the Interpretive Guidance and Policy Statement on Disruptive Practices. CFTC LAW | Forex,…
May 16
CFTC Approves Trade Execution Rule

CFTC Approves Trade Execution Rule

CFTC Approves Trade Execution RulesThe CFTC voted 3-2 to pass the Swaps Blocks Rule. The CFTC also voted 3-2 to approve the Made Available to trade rule. The agency voted 4-1 to pass the SEF rules. Lastly, the Commissioners voted unanimously…

Rank this Week: 158

OFAC SDN Sanctions Removal Lawyers

Covers the Department of Treasury's Office of Foreign Assets Control and its Specially Designated Nationals list. By McNabb Associates, P.C.

http://ofac-sdn-list-removal.com/

May 17
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC): “Treasury Removes Sanctions on Iraqi Bank”

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC): “Treasury Removes Sanctions on Iraqi Bank”

The U.S. Department of the Treasury on May 17, 2013 released the following: “Action Follows a Verified Change of Behavior from the Elaf Islamic Bank WASHINGTON – The Department of the Treasury today lifted sanctions against the…
May 17
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC): “The List of Foreign Financial Institutions Subject to Part 561 (the “Part 561 List”) Name Removal”

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC): “The List of Foreign Financial Institutions Subject to Part 561 (the “Part 561 List”) Name Removal”

The U.S. Department of the Treasury on May 17, 2013 released the following: “5/17/2013 OFFICE OF FOREIGN ASSETS CONTROL Part 561 List Update: The following deletions have been made to OFAC’s Part 561 List: ELAF ISLAMIC…
May 16
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC): “Treasury Increases Sanctions Against Syria”

The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC): “Treasury Increases Sanctions Against Syria”

The U.S. Department of the Treasury on May 16, 2013 released the following: “Action Targets Senior Syrian Officials as well as Companies Supporting the Government of Syria and Linked to Iran’s IRGC-QF and Hizballah WASHINGTON…

Rank this Week: 56

Federal Regulations Advisor

Provides insights and commentary on U.S. government regulatory affairs. By Leland E. Beck.

http://www.fedregsadvisor.com/

May 17
ACUS 58th Plenary Session: Authoritative Recommendations & Studies Worth Reading

ACUS 58th Plenary Session: Authoritative Recommendations & Studies Worth Reading

The Administrative Conference of the United States (ACUS) has released the agenda, recommendations, and supporting studies for its 58th Plenary Session to be held June 13 – 14, 2013. ACUS will consider adopting recommendations on:…
May 12
Monday Morning Regulatory Review – 5/13/13

Monday Morning Regulatory Review – 5/13/13

This week a sprinkling of interesting events flavors administrative law. Recess appointments litigation may get closer to sweetening the United States Supreme Court (SCOTUS) calendar. A court decision on timing of electronic…
May 7
D.C. Circuit Vacates NLRB Posting Rule – Enforcement Provisions Violated NLRA and Posting Requirement Could Not Be Severed

D.C. Circuit Vacates NLRB Posting Rule – Enforcement Provisions Violated NLRA and Posting Requirement Could Not Be Severed

The United States Court of Appeals for the District of Columbia today vacated – in National Association of Manufacturers v. NLRB – the National Labor Relations Board (NLRB) Notification of Employee Rights under the National Labor…

Rank this Week: 629

JOTWELL - The Journal of Things We…

JOTWELL - The Journal of Things We Like (Lots)

Edited by University of Miami School of Law Professor Michael Froomkin, The Journal of Things We Like (Lots)–JOTWELL–invites law professors to join us in filling a telling gap in legal scholarship by creating a space where legal academics will go to identify, celebrate, and discuss the best new legal scholarship.

http://jotwell.com/

May 17
The Brave New World of Identification

The Brave New World of Identification

Margaret Hu, Biometric ID Cybersurveillance, 88 Indiana L.J.__ (forthcoming 2013), available at SSRN.Mary FanThe memory seems almost quaint. While waiting with prosecutors in the hallway between indictments, an excellent customs…
May 15
Celebrating Federal Civil Rulemaking

Celebrating Federal Civil Rulemaking

Lonny Hoffman, Rulemaking in the Age of Twombly and Iqbal, U.C. Davis L. Rev. (forthcoming, 2013) available at SSRN.Brooke D. ColemanThe Federal Rules of Civil Procedure are 75 years old this year. Imagine a fete thrown in their honor-mini…
May 13
Balkan Ghost

Balkan Ghost

Reva B. Siegel, From Colorblindness to Antibalkanization: An Emerging Ground of Decision in Race Equality Cases, 120 Yale L.J. 1278 (2011).Pat GudridgeWhatever Reva Siegel writes is worth close study. This recent Yale Law Journal…

Rank this Week: 69

SC Bid Protests

Covers bidding, construction law and contracts. By Bryan Barnes.

http://scbidprotests.com

May 16
Guide To Shop Electronics Appliance Rentals Online On Line

Guide To Shop Electronics Appliance Rentals Online On Line

Several of the corporations are not informed as what is in their network targeted visitors. In a lot of organization organizations, leisure and other unneeded site visitors consumes a major total of the total bandwidth on the WAN.…
May 13
The Properties Of A Great Locksmith

The Properties Of A Great Locksmith

If you have no a single else all-around with a spare important, your finest bet is to get in touch with a locksmith. You would undoubtedly have to connect with if it the situation phone calls on certain techniques only crisis locksmiths…
May 10
What Is The Background Of Blue Pod Espresso Machiness And Espresso

What Is The Background Of Blue Pod Espresso Machiness And Espresso

Now we get dressed. Sneakers with laces looming so gargantuan in the foreground they may as properly be thick ropes to strangle or tie an individual up with. And alongside with strangling, of program we have suffocation by way of t shirt, as…

Rank this Week: 232

RegBlog

A regulation blog, in affiliation with the Penn Program on Regulation. From the University of Pennsylvania Law School.

http://www.law.upenn.edu/blogs/regblog/

May 16
The Regulatory Week in Review: May 17, 2013

The Regulatory Week in Review: May 17, 2013

DOJ opens investigation of IRS for unfair scrutiny, the Senate confirms Moniz as Secretary of Energy, and more.
May 15
Could Kosher Certification Improve Food Safety and Nutritional Labeling?

Could Kosher Certification Improve Food Safety and Nutritional Labeling?

PPR seminar speaker says kosher certification offers regulatory model.
May 14
EPA Nominee Questioned about Transparency

EPA Nominee Questioned about Transparency

Republican Senators focus on the EPA's openne

Rank this Week: 749

Employee Benefits Legal Blog

Covers employee benefits related to labor and employment matters. Published by Keith R. McMurdy of Fox Rothschild, LLP.

http://employeebenefits.foxrothschild.com/

May 16
Remember GINA?: EEOC Settles its First GINA Law Suit

Remember GINA?: EEOC Settles its First GINA Law Suit

The Genetic Information Nondiscrimination Act (GINA) passed in 2008. Since then, most of the discussion benefit plan professionals have had regarding GINA has focused on HIPAA notice requirements and compliance with GINA restrictions in…
May 10
DOL Issues Model Notice for Coverge and COBRA: More PPACA Form

DOL Issues Model Notice for Coverge and COBRA: More PPACA Form

As a component of PPACA, employees will be able to opt out of employer coverage and go to exchanges (or go there directly if the employer does not offer coverage). The government refers to this program as the "Health Insurance…
May 7
Defining Eligibility: Start With Plan Term

Defining Eligibility: Start With Plan Term

One of the quirks about PPACA is that the measure of "affordability" of coverage is based on the value of single (or "employee only") coverage. A qualifying plan has to make coverage available to dependents, but it can exclude spouses…

Rank this Week: 2686

Texas Medical Licensing Law Blog

Covers professional licensing matters and related regulatory issues for health care professionals. Published by the Leichter Law Firm.

http://www.txmedicallicensinglaw.com/

May 15
Important Update for Texas Nurses on a Board Order: Texas Board of Nursing Starts Screening for EtG and EtS

Important Update for Texas Nurses on a Board Order: Texas Board of Nursing Starts Screening for EtG and EtS

During the last month my firm has experienced an influx of calls from nurses who have tested positive for alcohol while on an Order with the Texas Board of Nursing. The consequences of testing positive for a prohibited substance,…
Mar 11
The Texas Intractable Pain Treatment Act And Chronic Pain

The Texas Intractable Pain Treatment Act And Chronic Pain

Given the current aggressive regulatory climate surrounding the treatment of chronic pain, it is worthwhile to look back and understand how the applicable law developed prior to the Legislature's empowerment of the Texas Medical Board…
Nov 28
Texas Medical Board Schedules Wave of Temporary Suspension Hearings Targeting Pain Management Physicians and Physician Assistant

Texas Medical Board Schedules Wave of Temporary Suspension Hearings Targeting Pain Management Physicians and Physician Assistant

Rank this Week: 907

Life Sciences Legal Update

Analysis and commentary on trends and developments in life sciences and health care law. By Reed Smith.

http://www.lifescienceslegalupdate.com/

May 15
China Life Sciences and Health Industry Client Briefing - April 2013 (May 15, 2013)

China Life Sciences and Health Industry Client Briefing - April 2013 (May 15, 2013)

This post was written by Katherine Yang, Amy Yin, Vicki Lung, Gordon B. Schatz, Jay J. Yan, John J. Tan, Mao Rong and May Wong. Reed Smith’s China Life Sciences and Health Industry Client Briefing provides a summary of the monthly news…
May 6
HHS Considers Amending the HIPAA Privacy Rule to Encourage Reporting of Mental Health Information to the National Instant Criminal Background Check System

HHS Considers Amending the HIPAA Privacy Rule to Encourage Reporting of Mental Health Information to the National Instant Criminal Background Check System

This post was written by Jennifer L. Pike and Nancy E. Bonifant. The Department of Health and Human Services (“HHS”) is seeking comments on a proposal to amend the HIPAA Privacy Rule to expressly permit covered entities to…
May 3
CMS Releases List of Teaching Hospitals; Educational Efforts and Requests for Additional Clarification Regarding the Physician Payment Sunshine Final Rule Continue

CMS Releases List of Teaching Hospitals; Educational Efforts and Requests for Additional Clarification Regarding the Physician Payment Sunshine Final Rule Continue

This post was written by Elizabeth Carder-Thompson, Katie C. Pawlitz and Nancy E. Bonifant. In preparation for data collection to begin under the Physician Payment Sunshine Act Final Rule on August 1, 2013, the Centers for Medicare &…

Rank this Week: 442

Wiemelt Knechtel Weblog

Covers cases, legislation, and developments regarding patents, trademarks, copyrights, trade secrets, FDA regulatory, life science, Paragraph IV, ANDA, Hatch-Waxman, pharma, branded & generic drugs, Lanham Act, unfair competition, false advertising, Internet, domain name, and e-commerce law.

http://www.wiemeltlaw.com/id46.html

May 15
Wiemelt Knechtel ranked again among the "TOP TRADEMARK FIRMS" in the U.S. in the May, 2013 issue of Intellectual Property Today,

Wiemelt Knechtel ranked again among the "TOP TRADEMARK FIRMS" in the U.S. in the May, 2013 issue of Intellectual Property Today,
May 15
Why You Should Hire a Trademark Lawyer

Why You Should Hire a Trademark Lawyer
Mar 11
Wiemelt Knechtel ranked among the "TOP PATENT FIRMS" in the U.S.

Wiemelt Knechtel ranked among the "TOP PATENT FIRMS" in the U.S.

Rank this Week: 1248

Nursing Law Blog

Covers health law and nursing law. By George F. Indest III, P.A.

http://nursinglawblog.wordpress.com/

May 15
Florida Senate Delays Broadening Baker Act Powers for Nurse Practitioners and Physician Assistants-Calls for a Study

Florida Senate Delays Broadening Baker Act Powers for Nurse Practitioners and Physician Assistants-Calls for a Study

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Florida’s nurse practitioners and physician assistants were hopeful the Senate would vote to allow them to have the authority to order the…
May 1
Nurses Service Organization (NSO) Attorneys, Lawyers and Defense Council in Florida

Nurses Service Organization (NSO) Attorneys, Lawyers and Defense Council in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Often we learn after the fact that a health professional such as nurses, advance registered nurse practitioners (ARNPs), certified registered nurse…
Feb 21
Nursing Liability and Nursing Malpractice – Part 2

Nursing Liability and Nursing Malpractice – Part 2

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law In this blog I discuss the concept of nursing malpractice. It is the second blog of my two-part series. To read part one, … Continue reading…

Rank this Week: 510

Sheri R. Abrams Disability Blog

Covers Social Security disability law and special needs trusts.

http://sheriabrams.com/blog

May 14
Social Security Announces New Mobile Site for Smartphone User

Social Security Announces New Mobile Site for Smartphone User

Carolyn W. Colvin, Acting Commissioner of Social Security, has announced that the Social Security Administration is offering a new mobile optimized website, specifically aimed at smartphone users across the country. People visiting the…
May 8
May 10th is World Lupus Day—-Sign the Pledge!

May 10th is World Lupus Day—-Sign the Pledge!

Lupus is a chronic autoimmune disease that can affect any part of the body. An estimated 5 million people around the world have lupus. Most people know very little about lupus. But by working together we can change that. Imagine the impact we…
May 7
For Large Print Documents–What Kind of Font Should Be Used & What Size?

For Large Print Documents–What Kind of Font Should Be Used & What Size?

Many people with vision impairments rely on Large Print Documents. Large print documents should be at least 16 point in a sans serif font such as Verdana, Arial and Helvetica, but 18 to 20 point is preferred.

Rank this Week: 211

The Health Law Firm Blog

Covers health care legislation, enforcement and regulation. By George F. Indest III, P.A.

http://thehealthlawfirmblog.wordpress.com/

May 14
Two Separate Lawsuits Against Novartis Pharmaceuticals Corporation Allege Illegal Kickbacks and False Claim

Two Separate Lawsuits Against Novartis Pharmaceuticals Corporation Allege Illegal Kickbacks and False Claim

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Novartis Pharmaceuticals Corporation (NPC) is currently fielding two different lawsuits, filed just days apart from each other, by the U.S.…
May 10
The Doctors Company (TDC) Attorneys, Lawyers and Defense Council in Florida

The Doctors Company (TDC) Attorneys, Lawyers and Defense Council in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Often we learn after the fact that a health professional such as physicians, dentist and other health professionals has received The Doctors…
May 6
American Medical Association Joins Minnesota Medical Staff in Its Fight for Autonomy

American Medical Association Joins Minnesota Medical Staff in Its Fight for Autonomy

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The American Medical Association (AMA) and several other physician organizations announced support of a court appeal by physicians at Avera…

Rank this Week: 1891

CommLawCenter

Provides breaking news and analysis of communications law and business. By Pillsbury Winthrop Shaw Pittman LLP.

http://www.commlawcenter.com/

May 10
FCC Grants Extension of Indecency Comment Deadline

FCC Grants Extension of Indecency Comment Deadline

By Paul A. Cicelski A few minutes ago, the FCC issued a Public Notice granting a thirty-day extension of the deadlines for submitting comments and reply comments in response to the FCC's April 1, 2013 Public Notice seeking input on whether…
Apr 30
FCC Enforcement Monitor

FCC Enforcement Monitor

By Scott R. Flick and Paul A. Cicelski April 2013 Pillsbury's communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others.…
Apr 29
FCC Modernizes Its Experimental Licensing Rule

FCC Modernizes Its Experimental Licensing Rule

By Tony Lin The FCC's revised rules for its Experimental Radio Services ("ERS") were published in today's Federal Register, and become effective on May 29, 2013 (except for several rules that contain new or modified information collection…

Rank this Week: 988

Health Law Sidebar

Covers regulatory and statutory updates from the healthcare industry. By O'Connell & Aronowitz.

http://healthlawsidebar.com/

May 9
Exclusion From Federal Health Care Programs: New Guidance From The United States HHS OIG

Exclusion From Federal Health Care Programs: New Guidance From The United States HHS OIG

The United States Department of Health and Human Services Office of the Inspector General (OIG) has issued a Special Advisory Bulletin on the Effect of Exclusion from Participation in Federal Health Care Programs (“the Bulletin”).…
Apr 10
Proposed Rule to Extend and Amend the Exception to Donate Electronic Health Records Items and Service

Proposed Rule to Extend and Amend the Exception to Donate Electronic Health Records Items and Service

The Office of Inspector General for the Department of Health and Human Services (OIG) and the Centers for Medicare and Medicaid Services (CMS) published on April 10, 2013 proposed rules to extend and amend the Electronic Health Records (EHR)…
Mar 29
OIG: PODs “Inherently Suspect”

OIG: PODs “Inherently Suspect”

On Tuesday, the federal Office of the Inspector General (“OIG”) issued a Special Fraud Alert (“Fraud Alert”) detailing the OIG’s concerns with Physician-Owned Entities. Specifically, the alert dealt with…

Rank this Week: 3374

The Health Law Firm Blog

Covers health law.

http://www.healthlawfirm.blogspot.com/

May 6
Lloyd’s of London (Lloyd’s) Attorneys, Lawyers and Defense Council in Florida

Lloyd’s of London (Lloyd’s) Attorneys, Lawyers and Defense Council in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health LawOften we learn after the fact that a health professional such as physicians, nurses, podiatrists, psychologists and other health professionals has…
Apr 19
Locating a Healthcare Providers Service Organization (HPSO) Insurance Defense Attorney in Florida

Locating a Healthcare Providers Service Organization (HPSO) Insurance Defense Attorney in Florida

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health LawWe are sometimes told by the health professionals we represent especially pharmacists, licensed mental health counselors (LMHCs), advanced…
Mar 26
A Majority of all Medicare Claims for Breast-Cancer Drug Were Billed Incorrectly

A Majority of all Medicare Claims for Breast-Cancer Drug Were Billed Incorrectly

By Lance O. Leider, J.D., The Health Law Firm, and George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health LawIt’s no surprise that the government is aggressively pursuing Medicare fraud. Recently, the…

Rank this Week: 3007

PA Brownfields Environmental Law

Information and developments in Brownfields and Pennsylvania Environmental Law. Published by Joel Bolstein of Fox Rothschild.

http://pabrownfieldsenvironmentallaw.foxrothschild.com/

Apr 30
PADEP's Permit Review Process Public Participation Policy ... It's Back?

PADEP's Permit Review Process Public Participation Policy ... It's Back?

Following up on my posts of February 7, 2013 and November 28, 2012, the agenda for next week's meeting of the Pennsylvania DEP's Environmental Justice Advisory Board includes a scheduled discussion of the status of the Department's draft…
Apr 30
What Developers Should Know About DVRPC's Updated Comprehensive Plan

What Developers Should Know About DVRPC's Updated Comprehensive Plan

Last week, I attended the April meeting of the Delaware Valley Regional Planning Commission's Environmental Justice Work Group. DVRPC staff presented an overview of its updated comprehensive plan, Connections 2040, which contained…
Apr 16
USEPA Issues Vapor Guidance for Public Comment

USEPA Issues Vapor Guidance for Public Comment

This afternoon, April 16, 2013, USEPA's Office of Solid Waste and Emergency Response released for public input two draft vapor intrusion guidance documents: a general guidance for all compounds; and one focused on petroleum hydrocarbons…

Rank this Week: 2666

Social Security Disability Blog

Covers the Social Security disability process and strategies for winning cases. By Jonathan Ginsberg.

http://www.ssdanswers.com

Apr 29
Disabling Traumatic Brain Injuries Can Arise from a Single Concussion

Disabling Traumatic Brain Injuries Can Arise from a Single Concussion

Concussions have been in the news lately because stories about retired football players who are fighting cognitive loss, memory issues and severe depression that arises from brain injury. Athletes like football players and boxers often…
Apr 17
New Information Available About Social Security’s Work Incentive Program

New Information Available About Social Security’s Work Incentive Program

Social Security disability programs are running out of money. As such Social Security executives are looking for ways to reduce the outflow of dollars. One effort has been to tighten up eligibility standards. …
Mar 3
Your Lump Sum Payment for Past Due Benefits may be at Risk from Child Support Collection Companie

Your Lump Sum Payment for Past Due Benefits may be at Risk from Child Support Collection Companie

Recently the Social Security disability lawyer discussion group on LinkedIn contained an interesting thread about child support issues. Child Support and Social Security disability matters tend to draw a lot of attention from both…

Rank this Week: 2852

Psychology and Mental Health Law…

Psychology and Mental Health Law Blog

Covers health law, psychology and mental health law. By George F. Indest III, P.A.

http://mentalhealthlawblog.wordpress.com/

Apr 26
Mental Health Counselors, Psychologists, Social Workers and Family Therapists Should Be Sure They Carry Insurance to Cover Complaints Against Their License

Mental Health Counselors, Psychologists, Social Workers and Family Therapists Should Be Sure They Carry Insurance to Cover Complaints Against Their License

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law From our experience mental health counselors, psychologists, social workers and family therapists are at a high risk of having a client or patient…
Mar 28
Central Florida Mental Health Counselor Accused of Heading Up $3 Million Medicaid Fraud Scheme

Central Florida Mental Health Counselor Accused of Heading Up $3 Million Medicaid Fraud Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law, and Michael L. Smith, J.D., R.R.T., Board Certified by The Florida Bar in Health Law A registered mental-health counselor is accused of running…
Jan 18
Finding a Healthcare Providers Service Organization (HPSO) Insurance Defense Lawyer

Finding a Healthcare Providers Service Organization (HPSO) Insurance Defense Lawyer

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are sometimes told by the health professionals we represent especially pharmacists, licensed mental health counselors (LMHCs), advanced…

Rank this Week: 4220

Aviation and Airport Development…

Aviation and Airport Development Law

Covers aviation law issues, including federal environmental and transportation regulations. By Chevalier, Allen and Lichman, LLP.

http://www.aviationairportdevelopmentlaw.com/

Apr 23
FAA Takes Two Important Steps During the Week of April 20

FAA Takes Two Important Steps During the Week of April 20

During the past week, the Federal Aviation Administration (“FAA”) has taken two actions likely to elicit “equal and opposite reactions” from the aviation community specifically, and the American public in…
Apr 8
Surrounding Communities Object to Approval of the Los Angeles International Airport Specific Plan Amendment Study Project

Surrounding Communities Object to Approval of the Los Angeles International Airport Specific Plan Amendment Study Project

On March 27, 2013, the Los Angeles County Airport Land Use Commission (“ALUC”) gave the latest in a series of approvals including those from Los Angeles Board of Airport of Commissioners (“BOAC”) and Los Angeles City…
Feb 20
Cities Challenge Federal Aviation Administration Environmental Assessment for Conversion of Paine/Boeing Field to Commercial Airport

Cities Challenge Federal Aviation Administration Environmental Assessment for Conversion of Paine/Boeing Field to Commercial Airport

On January 31, 2013, the Cities of Mukilteo and Edmonds, Washington, and concerned citizens and organizations in the vicinity of Paine/Boeing Field, Everett, Washington (“Petitioners”) filed a “Petition for Review of Agency…

Rank this Week: 1255

Dentistry Law Blog

By George F. Indest III.

http://dentistrylawblog.wordpress.com/

Apr 16
More Than 7,000 Patients of Oklahoma Dentist Are Being Asked to Get Tested for HIV and Hepatiti

More Than 7,000 Patients of Oklahoma Dentist Are Being Asked to Get Tested for HIV and Hepatiti

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The unsanitary practices of an Oklahoma dentist may have exposed more than 7,000 patients to HIV and hepatitis, according to a number of ……
Jan 23
Locating a Healthcare Providers Service Organization (HPSO) Insurance Defense Attorney in Florida Company Case

Locating a Healthcare Providers Service Organization (HPSO) Insurance Defense Attorney in Florida Company Case

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We are sometimes told by the health professionals we represent especially pharmacists, licensed mental health counselors (LMHCs), advanced…
Jan 17
Dentists Must Be Certain to Maintain Continuing Education Requirement

Dentists Must Be Certain to Maintain Continuing Education Requirement

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Those who are licensed by the Department of Health (DOH) must be sure they are maintaining their continuing education requirements by taking the…

Rank this Week: 4235

bevlog

Distilling a million label approvals down to the ones that affect you. Tracks legal trends in beer, wine and spirits product approvals. By Lehrman Beverage Law.

http://www.bevlaw.com/bevlog

Apr 7
White Whiskey

White Whiskey

A few weeks ago we wrote about moonshine and now we have occasion to write about its close relative, White Whiskey. Products like the above have become quite popular within the past few years, for reasons well explained by Slate: The term…
Mar 19
Moonshine

Moonshine

Moonshine. A word that typically conjures up thoughts of illicit high-octane liquor, clandestine stills, mason jars, potential blindness and bearded mountain men with colorful nicknames. Producing moonshine without a license is still illegal…
Feb 26
Oxygen Enriched Bourbon

Oxygen Enriched Bourbon

This Bourbon label caught our eye because it makes several big claims. It says: FINISHED WITH AN OXYGEN ENRICHED, ACCELERATED AGING PROCESS Patent Pending Pressure-Aged “we use rapid pressure changes and oxygen infusion to control the…

Rank this Week: 1827

California Professional License…

California Professional License Defense Blog

Covers news and updates on professional license defense cases. Published by Law Office of Pilchman & Kay, P.L.C.

http://www.californiaprofessionallicensedefenseblog.com/

Mar 25
Los Angeles Physician Charged with Sexual Battery

Los Angeles Physician Charged with Sexual Battery

Dr. Pez Abrahams, a physician in Los Angeles was arrested on charges of committing a sexual battery on a patient. The patient was being examined pursuant for federal immigration purposes when the alleged sexual assault by the physician…
Feb 21
Orange County Anesthesiologist Sentenced for Sexual Assault on Patient

Orange County Anesthesiologist Sentenced for Sexual Assault on Patient

Orange County anesthesiologist, Dr. Yashwant Giri, 60 was sentenced to six months in jail and ordered to register as a sex offender after pleading guilty to sexually assaulting multiple patients while they were unconscious in a Placentia…
Nov 24
Domestic Violence and California Physician

Domestic Violence and California Physician

Our criminal defense law firm, we will track your arrest with the district attorney's office AND negotiate with the district attorneys office for a rejection of your case or a reduction of charges FREE OF CHARGE. This way, you do not spend…

Rank this Week: 1463

Iowa Law Blog

Covers business, employment, trust & estates family, real estate, regulatory compliance and utility law. By Sullivan & Ward, PC.

http://www.iowa-lawblog.com/

Mar 19
Cyclist Obtains Settlement Despite Tort Immunity

Cyclist Obtains Settlement Despite Tort Immunity

The Cedar Rapids Gazette reported on a legal settlement reached between Bridgid Ruden, the City of Coralville, the State of Iowa, and Horsfield Construciton Company. Ms. Ruden had been riding her bicycle on a trail and lost control…
Feb 27
What is a Hostile Work Environment?

What is a Hostile Work Environment?

The term "hostile work environment" gets used frequently by employers and employees. It's used in a so many contexts that it seems to have lost true meaning. Hostile work environment allegations range from employees being…
Feb 25
Legislature Mulls Expansion of Small Claims Jurisdiction

Legislature Mulls Expansion of Small Claims Jurisdiction

Currently, if you wish to file a claim in Iowa Courts, the jurisdictional limit for small claims court is $5,000. That means if the total damages or value you seek is not greater than $5,000 your case is filed in small claims…

Rank this Week: 1244

Government Contractor Insights

Features comments on recently-published decisions about Federal Government Contracts law and public procurement topics. By Albo & Oblon, L.L.P.

http://www.procurement-lawyer.com/government-contractor-insights/

Feb 11
Court of Federal Claims Tucker Act Implied-in-Fact Contract Jurisdiction

Court of Federal Claims Tucker Act Implied-in-Fact Contract Jurisdiction

The Tucker Act, 28 U.S.C. § 1491, creates the Contract jurisdiction of the United States Court of Federal Claims. Included within section (a)(1) of this statute are money-mandating Contracts of the United States, and these…
Nov 5
What Is “Arbitrary and Capricious” Agency Action?

What Is “Arbitrary and Capricious” Agency Action?

There are two Grounds for challenges to Agency Action which may be asserted in a Procurement Protest: (a) Agency Action in violation of statute, regulation, or controlling Agency guidelines, 5 U.S.C. § 706(2)(A), (C) and 28 U.S.C. §…
Jul 20
“Hard Facts” Are Required To Establish a Significant Potential Organizational Conflict of Interest

“Hard Facts” Are Required To Establish a Significant Potential Organizational Conflict of Interest

In Turner Construction Co., Inc. v. United States, et al., Fed Cl. No. 10-195C, July 16, 2010, the United States Court of Federal Claims overturns the Army’s adoption of a “Recommendation,” of the United States Government Accountability…

Rank this Week: 2252

Massage Therapy Law Blog

By George F. Indest III, P.A.

http://massagelawblog.wordpress.com/

Feb 7
Florida Board of Massage Therapy Revokes More License

Florida Board of Massage Therapy Revokes More License

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Florida Department of Health (DOH) Board of Massage Therapy met in Sunrise, Florida, on January 24 and 25, 2013. During the meeting ……
Jan 16
Massage Therapists: Beware of Nationwide Telephone Prescription Drug Scheme

Massage Therapists: Beware of Nationwide Telephone Prescription Drug Scheme

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Drug Enforcement Administration (DEA) is warning massage therapists to be aware of a prescription drug scam. This telephone scheme is extorting…
Jan 8
Massage Therapists Need Good Professional Liability Insurance with Broad Coverage

Massage Therapists Need Good Professional Liability Insurance with Broad Coverage

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Whether you’re an independent contractor, an employee of a chiropractor, physician or spa, or you travel to clients’ homes, insurance…

Rank this Week: 2326

ALJ Hearings and Appeals to the…

ALJ Hearings and Appeals to the MAC

Examines the Medicare administrative appeals process and covers issues related to the appeal of ZPIC, PSC and RAC audits of Medical claims. By Lilies Parker.

http://www.aljappeal.com/

Jan 29
ZPIC Audits Involving Extrapolated Damages Can Bankrupt Your Practice.

ZPIC Audits Involving Extrapolated Damages Can Bankrupt Your Practice.

(January 30, 2013): The Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (also referred to as “BIPA”), amended Section 1869 of the Social Security Act, resulting in a number of significant changes to…
Jan 21
Medicare Appeals Have Become More Complex Than Ever.

Medicare Appeals Have Become More Complex Than Ever.

(January 21, 2013): Medicare appeals of denied claims for services are somewhat common. In years past, both health care providers and members of their staff have represented themselves or their practice in the…
Jan 21
Medicare Administrative Appeals Have Become More Complex Than Ever.

Medicare Administrative Appeals Have Become More Complex Than Ever.

(January 21, 2013): In years past, many health care providers would have been involved, at least to some extent, in the Medicare administrative claims appeals process. Notably, the hearings conducted in today’s administrative…

Rank this Week: 2749

Administrative Law Prof Blog

Edited by Edward M. McClure and Professors Kamina Pinder, Lisa Tripp, Kari Mercer Dalton and Malik Edwards.

http://lawprofessors.typepad.com/adminlaw/

Jan 9
The future of regulatory drafting?

The future of regulatory drafting?

See Robert McMillan, "How GitHub Helps You Hack the Government", Wired Magazine, 01.09.13, 6:30 AM at http://www.wired.com/wiredenterprise/2013/01/hack-the-government/. Is this the leading edge of change in how regulations are…
Oct 29
Good class discussion

Good class discussion

Cary Coglianese has posted an interesting discussion on RegBlog, "When is a Federal Agency not a Federal Agency?". Opening paragraphs: As the size and scope of government has expanded over the last century, so too has the web of…
Oct 22
Types of regulatory strategies, and does the third type work?

Types of regulatory strategies, and does the third type work?

RegBlog summarizes a new paper by Anil Doshi (Harvard Business School), Glen Dowell (Cornell Johnson Graduate School of Management), and Michael W. Toffel (Harvard Business School), "How Firms Respond to Mandatory Information Disclosure". The…

Rank this Week: 112

Climate Change Insights

A forum for critical analyses of climate law and policy. Published by the law firm of McKenna Long and Aldridge.

http://www.climatechangeinsights.com/

Nov 26
Proposed Amendment to the Fuel Quality Directive and to the Renewable Energy Directive: EU's Promotion of 'Advanced' Biofuels Over 'Conventional' Biofuel

Proposed Amendment to the Fuel Quality Directive and to the Renewable Energy Directive: EU's Promotion of 'Advanced' Biofuels Over 'Conventional' Biofuel

On 17 October 2012, the European Commission (‘Commission’) issued a Proposal for a Directive designed to amend the Fuel Quality Directive (‘FQD’),[1] and the Renewable Ener
Jun 15
Adoption by the European Commission of its June 2012 Communication 'Renewable Energy: a major player in the European energy market' - steps towards achieving a medium- and long- term renewable energy policy beyond 2020

Adoption by the European Commission of its June 2012 Communication 'Renewable Energy: a major player in the European energy market' - steps towards achieving a medium- and long- term renewable energy policy beyond 2020
Jun 6
Guest Blogger: New Study Indicates Gas from Cows is the Largest Contributor to Methane Emissions (Not Shale/Unconventional Natural Gas Production)

Guest Blogger: New Study Indicates Gas from Cows is the Largest Contributor to Methane Emissions (Not Shale/Unconventional Natural Gas Production)

By John S. Wyckoff, MS, CPG Senior Regulatory Scientist, Technology Sciences Group, Inc.

Rank this Week: 2175

Renewable Energy Law Blog

Covers legal issues surrounding renewable energy projects. By Luke Hagedorn.

http://therenewableenergylawblog.com/

Nov 7
Election 2012: What it Means for Renewable

Election 2012: What it Means for Renewable
Sep 25
Renewable Energy Law Insider will be at the Kansas Energy Conference. Will you?

Renewable Energy Law Insider will be at the Kansas Energy Conference. Will you?

As an avid follower of energy projects in the Midwest, I’m proud to be attending the 2012 Kansas Energy Conference in beautiful Manhattan, Kansas. Have no fear if you aren’t able to attend, however, because I’ll be uploading lots of…
Sep 23
Polsinelli Energy Law Group Partners with Kansas Energy Information Network

Polsinelli Energy Law Group Partners with Kansas Energy Information Network

For all of you who are interested in renewable energy projects in the State of Kansas, I’m pleased to bring you some good news this Monday morning.

Rank this Week: 2433

Rulemaking

For members of the Administrative Codes and Registers (ACR).

http://rulemaking.wordpress.com/

Oct 15
2012-2014 ACR Officer

2012-2014 ACR Officer

Members of Administrative Codes and Registers (ACR), a section of the National Association of Secretaries of State (NASS), elected officers in July at the NASS/ACR summer conference held in San Juan, PR. The new officers are: Scott…
Oct 1
Virginia’s regulatory backlog recognized by news media

Virginia’s regulatory backlog recognized by news media

http://www2.timesdispatch.com/news/2012/sep/30/tdmet01-va-wrestles-with-regulation-backlog-ar-2245310/
Aug 31
Passing of Former ACR Executive Secretary Carolan Underwood

Passing of Former ACR Executive Secretary Carolan Underwood

Carolan Underwood passed away on August 28, 2012. Carolan served the ACR Executive Secretary (the office now known as ‘president’) from 1987 through 1990. Carolan worked for the Missouri Secretary of State’s Office as the Director…

Rank this Week: 3192

HealthReformStat

"Translates" various provisions of the 2010 Health Reform law into English. By Jennifer Stiller.

http://healthreformstat.com/

Jan 16
Issues the Supreme Court will consider

Issues the Supreme Court will consider

What exactly are the issues that the Supreme Court will decide in its review of the Affordable Care Act? The best summary I’ve found is here.
Jun 8
INDEPENDENT PAYMENT ADVISORY BOARD

INDEPENDENT PAYMENT ADVISORY BOARD

One of the most far-reaching innovations in the PPACA is the creation of an Independent Payment Advisory Board (IPAB), which will allow changes in Medicare reimbursement rules to be fast-tracked starting in 2015. The purpose of the IPAB is…
Jun 5
Provider reimbursement – reduction in market basket update

Provider reimbursement – reduction in market basket update

Effective immediately, the annual market basket updates are being reduced for 15 different types of Medicare services. The statute expressly provides, as to each of the following services that, as a result of these adjustments, a…

Rank this Week: 1364

Within the Scope

Covers administrative law and the public sector. By E.L. Lipman.

http://withinthescope.blogspot.com/

Dec 19
Zivotofsky v. Clinton: The Little Case that Raises Big Constitutional Question

Zivotofsky v. Clinton: The Little Case that Raises Big Constitutional Question

Early in November, Solicitor General Donald B. Verrilli, Jr., the Justice Department’s top lawyer, made a very consequential speech about foreign policy and the separation of powers. It also is a speech that nearly no one has ever heard.
Feb 26
A Few Moments With Harvey Mackay, The Indispensable Man

A Few Moments With Harvey Mackay, The Indispensable Man

Yesterday, I took a few moments out of a busy day to attend a book-signing. The event centered on the release of Harvey Mackay’s latest title, Use Your Head to Get Your Foot in the Door.
Feb 21
Moving Toward the Right Procurement Agenda – For Congress and For U

Moving Toward the Right Procurement Agenda – For Congress and For U

Steven L. Schooner, Associate Professor of Law and Co-Director of the Government Procurement Law Program at George Washington University, recently posted to the Social Science Research Network a chapter from a forthcoming book: “Framing a…

Rank this Week: 2154

ERISA and Disability Benefits Law…

ERISA and Disability Benefits Law Blog

Covers ERISA and Disability benefits litigation. Published by the Wood Law Firm.

http://www.erisaontheweb.com/

Jun 5
Court Awards Substantial Attorney's Fees to Plaintiff in ERISA Disability Case

Court Awards Substantial Attorney's Fees to Plaintiff in ERISA Disability Case

In this ERISA disability case, the federal district court in Chicago awarded attorney’s fees of $109,312.75 to the successful plaintiff, Holmstrom. The case started after MetLife decided to terminate her claim for long-term disability…
Apr 8
Court Orders CIGNA to Pay Six-Figure Attorney's Fee

Court Orders CIGNA to Pay Six-Figure Attorney's Fee

Steven Alfano won his ERISA claim for long-term disability benefits against CIGNA. The district court had previously ruled that there was “no sound basis in the record to support CIGNA’s finding that plaintiff’s back condition … had…
Apr 6
Court of Appeals Finds Sun Life Acted Arbitrarily and Capriciously

Court of Appeals Finds Sun Life Acted Arbitrarily and Capriciously

Sherry DeLisle continued working after her car crashes in 1998 and 2000. She suffered spinal and closed head injuries. Her employer, Krandall & Sons, fired her on April 17, 2002, stating that “she was not doing her job.” Eight…

Rank this Week: 1172

Northern Virginia Personal Injury…

Northern Virginia Personal Injury Lawyer Blog

Covers general injury and accident law topics. Published by Brien Roche Law.

http://www.northernvirginiapersonalinjuryattorney.com/

Apr 27
Administrative Law-State Rule

Administrative Law-State Rule

These rules and regulations can be very important. Suppose you wanted to assert a claim against a motel owner because of carbon monoxide poisoning that occurred while you were in the motel. The type of claim that would be asserted would be a…
Apr 25
Administrative Law-Code of Federal Regulation

Administrative Law-Code of Federal Regulation

At the federal level, all regulations are published within the Federal Register. They are also contained within a document known as the Code of Federal Regulations (C.F.R.). The C.F.R. can be found in a law library and is generally organized…
Apr 12
Administrative Law-Rule Making Proce

Administrative Law-Rule Making Proce

The rule making process consists of the following four steps. 1. The agency publishes proposed rules. 2. Members of the public are given the opportunity to comment on those rules. 3. The rules may be revised based upon the public’s…

Rank this Week: 4031

License Advocates Law Group

Provides information for professional and occupational licensees and license applicants in California who have been denied a license, credential, or certificate or who are at risk for disciplinary action (revocation, suspension, probation) against the license by the State.

http://licenseadvocateslawgroup.blogspot.com/

Mar 30
Can the Result of An Administrative Hearing Ever be Reviewed or Changed?

Can the Result of An Administrative Hearing Ever be Reviewed or Changed?

The short answer to the question posed in the title of this post is “Yes!” But, as described below, that answer can cut both for and against the California licensee or license applicant who is not represented by skilled licensing…
Mar 7
License Denial or Discipline? No. 5 of the Top Ten Essential Tasks to Do Now: Prepare Your Rehabilitation Evidence

License Denial or Discipline? No. 5 of the Top Ten Essential Tasks to Do Now: Prepare Your Rehabilitation Evidence

This post discusses Task No. 5 of the “Top Ten Essential Tasks for Appealing a License Denial or Defending Against License Discipline: Prepare Your Rehabilitation Evidence.”After decades of practice in the field of California…
Jan 23
License Denial or Discipline? No. 4 of the Top Ten Essential Tasks to Do Now: Prepare Your Character Evidence

License Denial or Discipline? No. 4 of the Top Ten Essential Tasks to Do Now: Prepare Your Character Evidence

This post discusses Task No.

Rank this Week: 2656

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