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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/

Sep 23
New York State Comptroller Thomas P. DiNapoli announced the following audits and reports were issued during the week ending September 23, 2017

New York State Comptroller Thomas P. DiNapoli announced the following audits and reports were issued during the week ending September 23, 2017

New York State Comptroller Thomas P. DiNapoli announced the following audits and reports were issued during the week ending September 23, 2017 Source: Office of the State ComptrollerClick on text highlighted in color to access…
Sep 22
Determining a claimant's exclusion with respect to his or her eligibility for unemployment insurance benefits pursuant to Labor Law §565(2)(d)

Determining a claimant's exclusion with respect to his or her eligibility for unemployment insurance benefits pursuant to Labor Law §565(2)(d)

Determining a claimant's exclusion with respect to his or her eligibility for unemployment insurance benefits pursuant to Labor Law §565(2)(d) Matter of Clemons (Village of Freeport--Commissioner of Labor), 2017 NY Slip Op 04333,…
Sep 21
Disciplinary action follows employee's disrespectful and intimidating behavior towards superior

Disciplinary action follows employee's disrespectful and intimidating behavior towards superior

Disciplinary action follows employee's disrespectful and intimidating behavior towards superiorsOATH Index No. 2307/17A New York City job opportunity specialist [Specialist] was served with disciplinary charges pursuant to Civil Service Law…

Rank this Week: 39

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/

Sep 22
Contracting for the Public Good

Contracting for the Public Good

Patience A. Crowder, Impact Transaction: Lawyering for the Public Good through Collective Impact Agreements, 49 Ind. L. Rev. 621 (2016).Eboni NelsonAlthough contracts may not immediately come to mind when one considers measures by which to…
Sep 21
An Empirical Window into Retrospective Review

An Empirical Window into Retrospective Review

Wendy Wagner, William West, Thomas McGarity & Lisa Peters, Dynamic Rulemaking, 92 N.Y.U. L. Rev. 183 (2017), available at SSRN.Christopher WalkerRetrospective review remains a hot topic in administrative law. The Administrative Conference…
Sep 20
Limitations on the Business Case for Diversity

Limitations on the Business Case for Diversity

Jamillah Bowman Williams, Breaking Down Bias: Legal Mandates vs. Corporate Interests, Wash. L. Rev. (forthcoming 2017), available on SSRN.Marcia L. McCormickThose working in antidiscrimination law are well-versed in the central role that the…

Rank this Week: 88

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/

Jul 16
Southern California Physician Indicted For Illegally Prescribing Controlled Drugs Including to Out-of-State Residents Without an In-Person Physical Examination

Southern California Physician Indicted For Illegally Prescribing Controlled Drugs Including to Out-of-State Residents Without an In-Person Physical Examination

The investigations of physicians for prescribing scheduled drugs to patients including Oxycodone, Xanax, Soma and other medications continues. Last week on July 6, 2017, a physician Jeffrey Olsen D.O. was Indicted in the Central District of…
Jul 15
Indictment Filed Against Northern California Physician For 36 Counts of Unlawfully Distributing Oxycodone by Prescribing It "Outside the Course of Usual Professional Practice"

Indictment Filed Against Northern California Physician For 36 Counts of Unlawfully Distributing Oxycodone by Prescribing It "Outside the Course of Usual Professional Practice"

When it comes to prosecuting physicians for unlawful prescribing of opioids or scheduled drugs, federal authorities have more stringent laws and sentencing guidelines. Recently a physician was arrested last year by the San Francisco District…
Jul 12
CVS Pharmacy Inc. Pays $5 Million to Settle Alleged Violations of the Controlled Substance Act in Sacramento Federal Case

CVS Pharmacy Inc. Pays $5 Million to Settle Alleged Violations of the Controlled Substance Act in Sacramento Federal Case

As is the norm, national chain pharmacies get fines and compliance plans while small businesses get criminally prosecuted. A recent settlement between the Department of Justice and Drug Enforcement Administration (DEA) with a…

Rank this Week: 241

Virginia Disability Law Blog

Covers Social Security disability law and special needs trusts. By Sheri R. Abrams.

http://sheriabrams.com/blog

Sep 21
Not all Medical Professionals Meet Requirements for Social Security Disability or SSI Eligibility

Not all Medical Professionals Meet Requirements for Social Security Disability or SSI Eligibility

When you apply for Social Security Disability benefits (SSDI) or Supplemental Security Income (SSI), it is important that you have proper medical records to prove that you are disabled. Most likely, you have been to numerous medical and…
Sep 14
What You Post Online Matters When Applying for Social Security Disability says Virginia Social Security Disability Lawyer

What You Post Online Matters When Applying for Social Security Disability says Virginia Social Security Disability Lawyer

The Administrative Law Judges (ALJ) have started to actively Google people to find out information about them when considering Social Security case. As a Virginia Social Security Disability Lawyer, I can tell you it really is in your…
Sep 11
Social Security Adds To Compassionate Allowances List

Social Security Adds To Compassionate Allowances List

On September 5, 2017, Nancy A. Berryhill, Acting Commissioner of Social Security, announced three new Compassionate Allowances conditions: CACH–Vanishing White Matter Disease-Infantile and Childhood Onset Forms, Congenital Myotonic…

Rank this Week: 299

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

Sep 12
CBD Update

CBD Update

TTB approved this label July 18, 2017. There are very few other TTB labels that mention CANNABIS and SATIVA. Perhaps this product has hemp seeds, along the lines of this 2014 label approval. Then again, perhaps the Lithuanian product…
Sep 8
Nutritious, Vitamin Wine

Nutritious, Vitamin Wine

This deftly navigates the differences between FDA and TTB rules. If it had a little more alcohol, or a different type of alcohol, at least these 5 noted things probably would not fly. So far as we know, TTB does not allow electrolyte…
Sep 8
Who Wore R&R Better?

Who Wore R&R Better?

LabelVision shows about 71 Rock & Rye products approved over the last 17 years. These three really stand out, as bold designs. The first is Mister Katz’s, from NY Distilling, of Brooklyn. The second…

Rank this Week: 545

Whitcomb Law Blog

Covers government procurement.

http://blog.whitcomblawpc.com

Jun 23
Colorado’s End of Life Law

Colorado’s End of Life Law

Colorado’s End of Life Law ~ Death With Dignity How the state of Colorado treats terminal illness with the new end of life law is about to change significantly which results in a substantial change to estate planning. The End of…
Jun 23
Abusing Power of Attorney

Abusing Power of Attorney

Cases of Abusing Power of Attorney In a recent case of severe abuse of power of attorney against a vulnerable adult, a man was sentenced to four years in prison. The individual pleaded guilty to stealing more than $600,000 from his mother who…
Jun 22
New Rules for Federal Acquisition Regulation

New Rules for Federal Acquisition Regulation

New Rules for Federal Acquisition Regulation Federal Government contractors must comply with new privacy training procedures related to federal acquisition regulation due to a final rule passed by the United States Department of Defense,…

Rank this Week: 460

Texas Medical Licensing Law Blog

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

http://www.txmedicallicensinglaw.com/

Aug 7
The New Face of Telemedicine in Texa

The New Face of Telemedicine in Texa

One of the most important healthcare bills to come out of the 85th regular Texas legislative session is Senate Bill 1107. This bill, which has been signed by Governor Abbott, resets the playing field for telemedicine and brings Texas law more…
May 15
Governor Abbott Appoints Six New Members to the Texas Medical Board

Governor Abbott Appoints Six New Members to the Texas Medical Board

Since the start of the new year, Governor Abbott has appointed six new members to the Texas Medical Board. The new members, whose terms are set to expire in April 2021, include five physicians and one public member. One of the new appointees,…
Mar 9
Texas Board of Law Examiners: The Importance of Disclosure When Applying

Texas Board of Law Examiners: The Importance of Disclosure When Applying

Prior to being admitted to the Texas Bar, applicants must first demonstrate present good moral character. The agency in charge of making this determination, as well as ensuring applicants meet all other eligibility criteria, is the Texas…

Rank this Week: 667

Federal Regulations Advisor

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

http://www.fedregsadvisor.com/

May 21
Monday Morning Regulatory Review – 5/22/17: De-Regulating Model Aircraft

Monday Morning Regulatory Review – 5/22/17: De-Regulating Model Aircraft

The United States Court of Appeals for the District of Columbia Circuit, last Friday in Taylor v. Huerta, partially vacated the Department of Transportation (DOT) Federal Aviation Administration (FAA) Registration and Marking Requirements for…
May 7
Monday Morning Regulatory Review – 5/8/17: Appropriations Impact on Regulations; Pending Disapproval; Legislation Repealing Regulation; WOTUS Reconsideration; Contraceptive Mandate Reconsideration; & Compliance Extension Good Cause

Monday Morning Regulatory Review – 5/8/17: Appropriations Impact on Regulations; Pending Disapproval; Legislation Repealing Regulation; WOTUS Reconsideration; Contraceptive Mandate Reconsideration; & Compliance Extension Good Cause

Regulatory practice last week presented a number of different Congressional interventions – from the complexity of a Consolidated Appropriation for the remainder of the fiscal year, to disapproval of a regulation under the Congressional…
Apr 30
Monday Morning Regulatory Review – 5/1/17: Clean Power Plan & Mercury Holds; Litigation Choice & Appropriation Limitation; and Complicated Executive and Interagency Review

Monday Morning Regulatory Review – 5/1/17: Clean Power Plan & Mercury Holds; Litigation Choice & Appropriation Limitation; and Complicated Executive and Interagency Review

Litigation over two more major rules was put on hold last week, leaving little actual litigation over past Administration rules proceeding – with small exceptions that may be short lived. At the same time, one court of appeals…

Rank this Week: 660

Rulemaking

Covers administrative rulemaking processes and administrative law issues. For members of the Administrative Codes and Registers (ACR).

https://rulemaking.wordpress.com

Dec 1
Oral Arguments for Perez v. Mortgage Bankers Assn. Scheduled for December 1, 2014

Oral Arguments for Perez v. Mortgage Bankers Assn. Scheduled for December 1, 2014

Back in June, we notified readers of an upcoming federal case regarding rulemaking. The Legal Information Institute reports that the Supreme Court will hold oral arguments on December 1, 2014, in Perez v. Mortgage Bankers Assn.…
Jun 17
SCOTUS to decide whether rulemaking required when agencies change established guidance on statutes & regulation

SCOTUS to decide whether rulemaking required when agencies change established guidance on statutes & regulation

The following article was posted today by Leland Beck, who will be speaking on a panel at the ACR meeting in Baltimore.…
Apr 21
Accepting Nominations for the 2014 Robert J. Colborn Innovation Award

Accepting Nominations for the 2014 Robert J. Colborn Innovation Award

The Administrative Codes and Registers’ Awards Committee is taking nominations for the 2014 Colborn Award. This year, the committee consists of Ken Hansen (UT; chair), Kerry Radcliff (WA) and Liz Cloud (FL). The Colborn…

Rank this Week: 648

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.

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

Nov 27
ISIS’ oil wealth: U.S., allies work to stem its growth – Al Arabiya New

ISIS’ oil wealth: U.S., allies work to stem its growth – Al Arabiya New

ISIS’ oil wealth: U.S., allies work to stem its growth – Al Arabiya News.Filed under: OFAC SDN, OFAC SDN List Removal Attorneys - McNabb Associates, SDN Designation, SDN List, Specially Designated National
Nov 27
ISIS’ oil wealth: U.S., allies work to stem its growth – Al Arabiya New

ISIS’ oil wealth: U.S., allies work to stem its growth – Al Arabiya New

ISIS’ oil wealth: U.S., allies work to stem its growth – Al Arabiya News.Filed under: OFAC SDN, OFAC SDN List Removal Attorneys - McNabb Associates, SDN Designation, SDN List, Specially Designated National
Nov 26
The Risk of Premature Sanctions – Carnegie Endowment for International Peace

The Risk of Premature Sanctions – Carnegie Endowment for International Peace

The Risk of Premature Sanctions – Carnegie Endowment for International Peace.Filed under: OFAC SDN, OFAC SDN List Removal Attorneys - McNabb Associates, SDN Designation, SDN List, Specially Designated National

Rank this Week: 665

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: 561

Law Blog Switzerland

Swiss blawg covering a broad range of Swiss and international laws.

http://www.lawblogswitzerland.ch

Sep 24
E-Privacy Verordnung: EU-Rat veröffentlicht Ergänzungs- und Änderungsvorschläge

E-Privacy Verordnung: EU-Rat veröffentlicht Ergänzungs- und Änderungsvorschläge

Der Rat der Europäischen Union (EU-Rat) veröffentlichte vor kurzem Ergänzungs- und Änderungsvorschläge zum Entwurf der E-Privacy Verordnung der EU-Kommission. Der EU-Rat äusserte sich darin u.a. zu Art. 8, Art. 9…
Sep 24
Erste Reaktionen auf den Entwurf zum Datenschutzgesetz (E-DSG)

Erste Reaktionen auf den Entwurf zum Datenschutzgesetz (E-DSG)

Am 15. September 2017 wurde der Entwurf zum schweizerischen Datenschutzgesetz (E-DSG) veröffentlicht. Zwischenzeitlich liegen erste Reaktionen verschiedener Verbände bzw. Medienberichte vor; einige davon können mittels…
Sep 16
Entwurf zum Datenschutzgesetz (E-DSG) veröffentlicht

Entwurf zum Datenschutzgesetz (E-DSG) veröffentlicht

Gemäss Medienmitteilung vom 15. September 2017 hat das Eidgenössische Justiz- und Polizeidepartement (EJPD) den Entwurf zum Datenschutzgesetz (E-DSG) veröffentlicht.Auf den ersten Blick sind u.a. folgende Punkte im E-DSG…

Rank this Week: 920

RegBlog

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

http://www.regblog.org/

Sep 21
The Regulatory Week in Review: September 22, 2017

The Regulatory Week in Review: September 22, 2017

The U.S. Court of Appeals for the Ninth Circuit upheld the Seattle PD's “Use of Force” rule, the Sierra Club sued EPA for violating FOIA, and more...
Sep 20
The Case for Regulating Tax Return Preparer

The Case for Regulating Tax Return Preparer

Researchers insist that tax return preparers should be required to demonstrate competency.
Sep 19
Navigating Sales Taxes in Online Market

Navigating Sales Taxes in Online Market

States reconsider traditional sales tax requirements for e-commerce retailers.

Rank this Week: 780

CommLawCenter

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

http://www.commlawcenter.com/

Sep 21
FCC Announces Modification Window for Repacked and Band-Changing Station

FCC Announces Modification Window for Repacked and Band-Changing Station

The FCC announced yesterday that repacked and band-changing television and Class A television stations will have the opportunity to file applications to specify a new channel or expand their proposed facilities between October…
Sep 15
FCC Announces Annual Regulatory Fee Deadline, Gives Break to Small Market Radio Stations and Stations in Hurricane-Affected Area

FCC Announces Annual Regulatory Fee Deadline, Gives Break to Small Market Radio Stations and Stations in Hurricane-Affected Area

[Breaking News: Moments before the release of this post, the FCC issued a Public Notice announcing an extension of time to the end of the government’s fiscal year for regulatory fee payors in areas affected by Hurricanes Harvey and Irma…
Sep 5
FCC Pushes Back New Unified Ownership Report Filing Deadline for Commercial and NCE Broadcast Station

FCC Pushes Back New Unified Ownership Report Filing Deadline for Commercial and NCE Broadcast Station

The FCC announced on Friday afternoon that it would push back the December 1, 2017 deadline for commercial and noncommercial broadcast stations to file their biennial ownership reports. Rather than opening the filing window on September…

Rank this Week: 793

CFTC Law

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

http://www.cftclaw.com/

Sep 15
Equivalence Agreement Might Be Imminent

Equivalence Agreement Might Be Imminent

Currently, CFTC Chairman J. Christopher Giancarlo is on a 10-day trip in Europe. Derivatives industry attorneys speculate that an European equivalence pact on swap execution rules might come into fruition very soon. If this happens, it would…
Aug 18
CFTC Approves LedgerX to Deal Bitcoin Option

CFTC Approves LedgerX to Deal Bitcoin Option

LedgerX Approved to Trade Bitcoin Futures LedgerX, a trading and clearing platform for Bitcoin, became the first company to be approved by the Commodity Futures Trading Commission (CFTC) to trade Bitcoin futures. This is one of a few of…
Aug 4
Senate Confirmed Christopher Giancarlo as Chairman of CFTC

Senate Confirmed Christopher Giancarlo as Chairman of CFTC

Christopher Giancarlo was nominated by the US Commodity Futures Trading Commission (CFTC) as the Chairman of the regulatory agency. Moreover, Brian Quintenz and Rostin Behnam, both of who are Republican nominees, were confirmed as CFTC…

Rank this Week: 879

Fink Rosner Ershow-Levenberg Blog

Covers disability and social security, elder law, and VA benefits.

https://blog.finkrosnerershow-levenberg.com

Sep 6
NJ law streamlines process for fiduciary resignation

NJ law streamlines process for fiduciary resignation

A person who has been appointed as administrator of an estate or Executor under a Last Will and Testament is appointed to their role by either the Surrogate’s Court or Surrogate’s office. I’ve previously blogged about the…
Sep 3
NJ 2017-18 Budget Adds Funding for Medicaid Long-Term Care

NJ 2017-18 Budget Adds Funding for Medicaid Long-Term Care

After the Governor and the Assembly leader resolved their Fourth of July Weekend Budget Kerfuffle, some positivity came out of it for Medicaid long-term care providers and beneficiaries. Nursing home reimbursements would be increased by $10.5…
Aug 31
Navigating the Coordination of Medicaid benefits with other benefit

Navigating the Coordination of Medicaid benefits with other benefit

Generally speaking, the Medicaid program is the payor of last resort. If an individual is eligible for Medicare as his or her primary health insurance, Medicare would be the primary payor for medical needs, and Medicaid would become the…

Rank this Week: 893

Nursing Law Blog

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

https://nursinglawblog.wordpress.com

Sep 18
Health Care Fraud Puts Miami Man in Jail

Health Care Fraud Puts Miami Man in Jail

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law 4.5 Year Sentence for Role in Fraud. A Miami Man voluntarily returned to Miami from Cuba and was immediately met with a 4.5-year … Continue…
Aug 29
Inmates Family Sues Jail After Improper Care

Inmates Family Sues Jail After Improper Care

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Orange Country Jail Sued. A wrongful death suit has been filed against Orange County Jail due to what some are saying was a … Continue…
Aug 23
Florida Department of Health and Law Enforcement Investigate School Providing Nurse Practitioner Course

Florida Department of Health and Law Enforcement Investigate School Providing Nurse Practitioner Course

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law A subpoena purportedly issued by the Clerk of Court for Seminole County, Florida, recently requested academic records on advanced registered nurse…

Rank this Week: 1259

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.

https://mentalhealthlawblog.wordpress.com

Sep 18
CMS Approves Five Year Extension of Florida Medicaid Managed Care Demonstration

CMS Approves Five Year Extension of Florida Medicaid Managed Care Demonstration

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On August 3, 2017, the Centers for Medicare & Medicaid Services (CMS) approved a five-year extension of Florida’s Managed Medical…
Sep 13
Avoid Being Labeled as a “Disruptive Physician” at All Cost

Avoid Being Labeled as a “Disruptive Physician” at All Cost

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law Although “old news” at this point, on July 9, 2008, the Joint Commission (TJC) published the following alert to health care…
Sep 4
Jury Awards $4.4 Million To Chicago Anesthesiologist Defrauded By Business Associate

Jury Awards $4.4 Million To Chicago Anesthesiologist Defrauded By Business Associate

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 9, 2017, a jury in Illinois awarded a Chicago-area anesthesiologist nearly $4.4 million. The jury unanimously agreed that his business…

Rank this Week: 1274

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/

Apr 14
The Implementation of Electronic Filing in the Court

The Implementation of Electronic Filing in the Court

In this day of technology, it is no surprise that the court systems are moving to using an Electronic Document Management System (EDMS for short) for parties to file documents with the Court, without even setting foot in the Courthouse. The…
Apr 14
Service by Facebook?

Service by Facebook?

A New York judge recently entered an Order allowing a woman to serve her husband divorce papers via Facebook. In Iowa, generally, a competent adult must accept service or be served in-person in order accomplish proper…
Mar 19
Interactive Process in Action

Interactive Process in Action

If you’re not sure what the interactive process is supposed to look like under the ADA, peruse the facts of the 8th Circuit’s decision in Minnihan v. Mediacom. I’m also going to summarize the facts below, but if you…

Rank this Week: 969

Great Lakes Customs Law Blog

Covers the intersection of customs law and asset seizures, with a particular focus on reporting on news of U.S. Customs & Border Protection currency seizures from international travelers for failure to report, bulk cash smuggling, or structuring.

http://greatlakescustomslaw.com/blog/

Sep 14
CBP discovers and seizes about $700,000 leaving for Mexico

CBP discovers and seizes about $700,000 leaving for Mexico

Here is a tale of a cash seizure made by CBP in El Paso, Texas, from back in June. I’ve ... The post CBP discovers and seizes about $700,000 leaving for Mexico appeared first on Great Lakes Customs Law.
Aug 23
Customs at Dulles Seizes $29k Hidden in Pant

Customs at Dulles Seizes $29k Hidden in Pant

U.S. Customs is reporting on more cash seizures by its officers at Dulles Airport in Sterling, Virginia. Just last week, ... The post Customs at Dulles Seizes $29k Hidden in Pants appeared first on Great Lakes Customs Law.
Aug 18
Dulles Airport CBP seizes over $77k in cash

Dulles Airport CBP seizes over $77k in cash

CBP at Dulles Airport in Virginia is taking more and more cash from travelers, and is spreading the news far ... The post Dulles Airport CBP seizes over $77k in cash appeared first on Great Lakes Customs Law.

Rank this Week: 1771

Subject to Inquiry

Looks at white collar, congressional, SEC, energy enforcement and other government inquiries. By McGuireWoods.

http://www.subjecttoinquiry.com/

Sep 8
Will Supreme Court Narrow The Broadest Tax Crime?

Will Supreme Court Narrow The Broadest Tax Crime?

In the October 2017 term, the Supreme Court will take up its first criminal tax case in almost a decade, Marinello v. United States. At issue is a longstanding circuit split about a mainstay of the federal government’s arsenal in…
Aug 7
Recent Privilege Decision Raises Questions for Internal Investigation

Recent Privilege Decision Raises Questions for Internal Investigation

A recent federal district court case raises significant issues regarding privilege that should be on the radar of any in-house or outside counsel conducting an internal investigation with the goal of producing a public report. As discussed in…
Jul 28
Ninth Circuit Ruling Weakens Materiality Standard under the FCA

Ninth Circuit Ruling Weakens Materiality Standard under the FCA

Last year in Universal Health Services, Inc. v. United States ex rel. Escobar et al. (discussed on this blog), the Supreme Court reminded litigants that the False Claims Act “is not an all-purpose antifraud statute.” In that case,…

Rank this Week: 1447

The Health Law Firm Blog

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

https://thehealthlawfirmblog.wordpress.com

Jun 16
New Draft Guidance on Use of Electronic Health Record Data in Clinical Investigations Announced By FDA

New Draft Guidance on Use of Electronic Health Record Data in Clinical Investigations Announced By FDA

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 17, 2016, the United States Food and Drug Administration (FDA) published a draft guidance titled “Use of Electronic Health Record Data…
Feb 19
AHA Medicare Backlog Lawsuit Back on Track as D.C. Circuit Reverses Dismissal

AHA Medicare Backlog Lawsuit Back on Track as D.C. Circuit Reverses Dismissal

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On February 9, 2016, the D.C. Circuit ordered the U.S. District Court for the District of Columbia to reconsider a lawsuit seeking to ……
Feb 2
California Attorney Ordered By Court To Pay Donation to Women Lawyers’ Professional Group As Sanction For Sexist Comment

California Attorney Ordered By Court To Pay Donation to Women Lawyers’ Professional Group As Sanction For Sexist Comment

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health A medical group defense attorney in California, Peter Bertling, was ordered on Tuesday, January 12, 2016, by U.S. Magistrate Judge Paul S. Grewal,…

Rank this Week: 2150

On Reserve: A Wine Law Blog

Covers the history of both international and domestic wine laws and developing legal issues in the wine industry. By Lindsey A. Zahn.

http://www.winelawonreserve.com

Sep 19
2017 Wine & Law Program in Champagne, France this October

2017 Wine & Law Program in Champagne, France this October

This year, the University of Reims’ Wine & Law Program is in its seventh session and will discuss topics related to trademarks and intellectual property rights in the wine and spirits sector. The Program is a 6-day intensive course…
Aug 21
USPTO Finds a Likelihood of Confusion for HOODWINKED for Beer and HOODWINKED for Wine

USPTO Finds a Likelihood of Confusion for HOODWINKED for Beer and HOODWINKED for Wine

Fetzer Vineyards (“Applicant”) recently sought registration in standard character mark for HOODWINKED on the Principal Register for wine in International Class 33. In re Fetzer Vineyards, Serial No. 86789970 (June 22, 2017)…
Aug 21
New York Farm Distilleries Now Allowed to Serve Wine, Beer, and Cider for On-Premise Consumption

New York Farm Distilleries Now Allowed to Serve Wine, Beer, and Cider for On-Premise Consumption

On July 25, 2017, Governor Cuomo signed legislation to allow New York farm distilleries to sell wine, beer, and cider labelled as “New York State” for on-premises consumption. See Governor Cuomo Signs Legislation to Allow…

Rank this Week: 3135

Dentistry Law Blog

By George F. Indest III.

https://dentistrylawblog.wordpress.com

Sep 18
Responding to a Medicaid Audit: Important Tips You Should Know

Responding to a Medicaid Audit: Important Tips You Should Know

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law The Agency for Health Care Administration (AHCA), Office of Inspector General (OIG), Bureau of Medicaid Program Integrity, is the Florida agency…
Aug 7
Jury Awards $4.4 Million To Chicago Anesthesiologist Defrauded By Business Associate

Jury Awards $4.4 Million To Chicago Anesthesiologist Defrauded By Business Associate

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On June 9, 2017, a jury in Illinois awarded a Chicago-area anesthesiologist nearly $4.4 million. The jury unanimously agreed that his business…
Jul 14
Florida Gov. Rick Scott Makes Changes to Florida Impaired Practitioners Program

Florida Gov. Rick Scott Makes Changes to Florida Impaired Practitioners Program

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law On May 31, 2017, Florida Governor, Rick Scott, signed into law House Bill 229 (Ch. 2017-41, Laws of Florida), which made changes to the…

Rank this Week: 3660

Life Sciences Legal Update

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

https://www.lifescienceslegalupdate.com

Sep 14
FDA Clarifies Trading Partners Under the DSCSA

FDA Clarifies Trading Partners Under the DSCSA

The Federal Food and Drug Administration (“FDA”) recently published a draft guidance to assist industry and State and local governments in understanding how to categorize entities in the drug supply chain in accordance with the…
Aug 1
Germany – A Major Hub for Patent Litigation

Germany – A Major Hub for Patent Litigation

With the Unified Patent Court now stalled for at least the near future, U.S. life sciences companies will continue to face the question of where to bring patent infringement cases in Europe. The German courts offer a variety of potential…
Jul 6
Reed Smith Partners to Speak at Upcoming “Women Leaders in Life Sciences Law Conference” – July 20-21

Reed Smith Partners to Speak at Upcoming “Women Leaders in Life Sciences Law Conference” – July 20-21

Two members of Reed Smith’s Life Sciences Health Industry (LSHI) group will be speaking at the American Conference Institute’s 4th Annual Conference on Women Leaders in Life Sciences Law taking place in Boston on July 20-21, 2017.…

Rank this Week: 4004

Health Care Fraud Focus

Covers False Claims Act (FCA) and other civil and criminal health care fraud, regulatory compliance, and litigation and investigations. By Cadwalader, Wickersham & Taft LLP.

http://www.healthcarefraudfocus.com/

Sep 11
FCA Relators Relying on Statistical Sampling Receive More Bad News: DOJ Agrees to $275,000 Settlement in Agape, Just Years After Rejecting $2.5 Million Resolution

FCA Relators Relying on Statistical Sampling Receive More Bad News: DOJ Agrees to $275,000 Settlement in Agape, Just Years After Rejecting $2.5 Million Resolution

In February 2017, we wrote about how the Fourth Circuit sidestepped the question of whether a relator bringing suit under the False Claims Act (“FCA”) may use statistical sampling and extrapolation to establish FCA liability when…
Sep 5
OMIG Compliance Alert For New Value-Based Provider Reimbursement — Strong On Warning, Short On Guidance

OMIG Compliance Alert For New Value-Based Provider Reimbursement — Strong On Warning, Short On Guidance

The New York State Office of Medicaid Inspector General (“OMIG”) on August 31, 2017 issued its first Compliance Alert this year: “Mandatory Compliance Programs’ Risk Assessments: Changes in Medicaid Reimbursement…
Sep 1
Health Care Companies Take Note: DOJ Ramps Up FCPA Enforcement

Health Care Companies Take Note: DOJ Ramps Up FCPA Enforcement

In July, we reported on Attorney General Sessions dismantling DOJ’s Health Care Corporate Fraud Strike Force. On July 25, Sandra Moser, acting chief of the DOJ’s Fraud Section, announced a partnership between the Health Care…

Rank this Week: 2657

The Federal Government Contracts &…

The Federal Government Contracts & Procurement Blog

By Fox Rothschild LLP.

https://governmentcontracts.foxrothschild.com/

Aug 31
SBA Size Update: Strategies for Contesting Affiliation based on Economic Dependence

SBA Size Update: Strategies for Contesting Affiliation based on Economic Dependence

Today, we take a look at the culmination of a long fight over the size status of a joint venture competing for a Federal contract. After losing battles at the Small Business Administration (SBA) Area Office and Office of…
Aug 25
Proposal Prep Tips: Better Does Not (Necessarily) Mean “Best Value”

Proposal Prep Tips: Better Does Not (Necessarily) Mean “Best Value”

In a recent post, I discussed new legislation that could signal an uptick in Best Value procurements for complex service-based contracts. In the view of many (including me), more Best Value RFPs is a win/win for both contractors and the…
Aug 21
Update: Fox Speaks on the SBA’s All Small Mentor-Protégé Program (8/24)

Update: Fox Speaks on the SBA’s All Small Mentor-Protégé Program (8/24)

A short reminder to join me on Thursday, August 24, 2017 for lunch (11:30 am to 1:30 pm) and learn about the Small Business Administration’s All Small Mentor Protégé Program. The event is sponsored by Design-Build…

Rank this Week: 2686

Social Security Disability Blog

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

https://www.ssdanswers.com

Aug 18
Why You Need an Elevator Speech for Your Social Security Disability Claim

Why You Need an Elevator Speech for Your Social Security Disability Claim

I want to explain why you need an “elevator speech” for your Social Security disability case. If you are not familiar with the term elevator speech, it comes from the world of job search. Imagine that you are in need of a job and…
Jul 25
Military Vet Approved for VA Disability, But Denied Social Security Disability

Military Vet Approved for VA Disability, But Denied Social Security Disability

WXIA TV in Atlanta recently ran a story about a 53 year old U.S. Navy veteran who was approved for VA benefits but denied for Social Security. Retired Navy vet Daniel Norfleat from Covington, Georgia was deemed 90% disabled and…
May 15
More Social Security Disability Money if Your Medical Condition Worsens?

More Social Security Disability Money if Your Medical Condition Worsens?

Can you get more money from Social Security disability if your physical or mental health condition takes a turn for the worse after you are approved for disability benefits. Unfortunately, the answer to this question is “no.” The…

Rank this Week: 4029

Health Law Sidebar

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

http://healthlawsidebar.com/

Jul 28
Question Before the New York’s Highest Court: Can the State of New York Put Your Physician In Jail for Acting Upon Your Decision to End Your Life?

Question Before the New York’s Highest Court: Can the State of New York Put Your Physician In Jail for Acting Upon Your Decision to End Your Life?

New York’s highest court recently heard arguments in a challenge to the state’s physician-assisted suicide ban. The Court of Appeals case is Myers v. Schneiderman. The challenge, which follows two lower-court findings against…
Jun 5
Attention Medicaid Managed Care/CHIP Program Providers: You Must Enroll in the Medicaid Program Effective 01/01/2018

Attention Medicaid Managed Care/CHIP Program Providers: You Must Enroll in the Medicaid Program Effective 01/01/2018

Effective January 1, 2018, federal law requires that all Medicaid Managed Care Network providers, as well as all Children’s Health Insurance Program providers, enroll with state Medicaid programs. For example, this applies to a…
May 5
Medical Answering Services, LLC Awarded Contract for Medicaid Transportation Services Management in the New York City Region

Medical Answering Services, LLC Awarded Contract for Medicaid Transportation Services Management in the New York City Region

As of April 23, 2017, Medical Answering Services, LLC (MAS) will serve as the Medicaid transportation manager for the New York City region. This region includes New York, Kings, Richmond, Queens, and Bronx counties. MAS…

Rank this Week: 3263

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

Jun 28
Constitutionality of Trademark Law's Scandalous Provision Remains Questionable after Supreme Court Decision Invalidating Disparagement Provision

Constitutionality of Trademark Law's Scandalous Provision Remains Questionable after Supreme Court Decision Invalidating Disparagement Provision
Jun 22
You can go disparage yourself (or others)!

You can go disparage yourself (or others)!
Mar 20
WIEMELT KNECHTEL again ranked among the "TOP PATENT FIRMS" in the U.S. by Intellectual Property Today

WIEMELT KNECHTEL again ranked among the "TOP PATENT FIRMS" in the U.S. by Intellectual Property Today

Rank this Week: 3577

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/

Jun 16
Update Your Airport's Hangar Leases to Protect Against Non-Aeronautical Uses and Preserve AIP Funding

Update Your Airport's Hangar Leases to Protect Against Non-Aeronautical Uses and Preserve AIP Funding

Under federal law, airport operators that have accepted federal grants or have obligations contained in property deeds for property transferred under laws such as the Surplus Property Act generally may use airport property only for…
May 19
Uber Flies High in FAA's Airspace

Uber Flies High in FAA's Airspace

The Los Angeles Times reports that Uber, the ridesharing company, plans to extend its reach into the stratosphere by developing an “on-demand air transportation service.” The plan appears to be that customers will use…
Mar 10
City of East Hampton May Be "A Day Late and a Dollar Short" in Challenging the Airport Noise and Capacity Act

City of East Hampton May Be "A Day Late and a Dollar Short" in Challenging the Airport Noise and Capacity Act

The Town of East Hampton, Long Island has brought a challenge at the United States Supreme Court, seeking to reverse the November 4, 2016 decision of the United States Court of Appeals for the Second Circuit which invalidated East…

Rank this Week: 3949

Aviation and Airport Development…

Aviation and Airport Development News

Covers aviation and airport development, with a focus on the industry\'s legal and regulatory issues. By Taber Law Group.

https://airportlaw.wordpress.com

Jun 14
Airport Noise Increases Risk of Heart Disease, New Study Show

Airport Noise Increases Risk of Heart Disease, New Study Show

A new study recently published in Occupational & Environmental Medicine found that people living under flight routes and close to airports are at an increased risk of hypertension. http://bit.ly/2soF8Ze Specifically, the study concluded…
May 31
Homeland Security Says No Ban on Carried-On Large Electronics from Europe – Yet

Homeland Security Says No Ban on Carried-On Large Electronics from Europe – Yet

Yesterday, May 30, 2017, the Department of Homeland Security issued a statement (http://bit.ly/2sexo9A) after a conference call with European Home Affairs Commissioner Dimitris Avramopoulos and Transport Commissioner Violeta Bulc to…
May 19
D.C. Circuit Court of Appeals Says FAA Drone Registration Rules Do Not Apply to “Model Aircraft”

D.C. Circuit Court of Appeals Says FAA Drone Registration Rules Do Not Apply to “Model Aircraft”

On May 19, 2017, the U.S. Court of Appeals for the District of Columbia Circuit issued its opinion in the case Taylor v. Huerta, Case No. 15-1495. The court concluded that the drone registration rules that the Federal Aviation…

Rank this Week: 2812

Massage Therapy Law Blog

By George F. Indest III, P.A.

https://massagelawblog.wordpress.com

May 11
Consequences of Having Your Massage Therapy License Suspended or Revoked

Consequences of Having Your Massage Therapy License Suspended or Revoked

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law If you are a massage therapist or other health care professional whose license has been recently revoked or suspended, there may still be ……
Apr 20
Finding an Attorney/Lawyer Who Takes CPH & Associates (CPH&A) Insurance To Represent Massage Therapists in Complaint Investigation

Finding an Attorney/Lawyer Who Takes CPH & Associates (CPH&A) Insurance To Represent Massage Therapists in Complaint Investigation

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We often hear from massage therapists who call and retain us to represent them in complaints against their masage therapy licenses in professional…
Mar 22
Finding an Attorney/Lawyer Who Takes Healthcare Providers Service Organization (HPSO) Insurance for Massage Therapist

Finding an Attorney/Lawyer Who Takes Healthcare Providers Service Organization (HPSO) Insurance for Massage Therapist

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law We often hear from callers and clients in professional licensing complaints, Department of Health investigations and Board of Massage Therapy, that…

Rank this Week: 3642

Sharing Economy Law Blog

Covers regulation, litigation and other developments impacting the sharing economy. By Michael Erdman.

http://www.SharingEconomyLawBlog.com

May 2
Flytenow.com’s Wings Clipped by FAA, DC Court of Appeal

Flytenow.com’s Wings Clipped by FAA, DC Court of Appeal

Last December the U.S. Court of Appeals for the District of Columbia Circuit ruled in a case involving the flight-sharing service Flytenow.com. The website offered to match private pilots having planned itineraries with persons desiring…
Feb 19
Uber’s Arbitration Clause Problem, Part 1

Uber’s Arbitration Clause Problem, Part 1

As I mentioned in a recent post, I think it would be worthwhile to examine some of the previous orders in the O’Connor v. Uber class action litigation in California relating to Uber’s various arbitration provisions. This…
Feb 4
Chicago Cabbies and Livery Drivers Walk Away from Uber Lawsuit

Chicago Cabbies and Livery Drivers Walk Away from Uber Lawsuit

I practice in Chicago and try to keep a close eye on Sharing Economy developments both locally and in Springfield. I previously examined a federal court decision involving legal challenges by some of Uber’s competitors here, and…

Rank this Week: 2461

The Health Law Firm Blog

Covers health law.

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

Jul 22
Mental Health Counselors, Psychologists, Social Workers or Family Therapists - Purchase Professional Liability Insurance Before It’s Too Late

Mental Health Counselors, Psychologists, Social Workers or Family Therapists - Purchase Professional Liability Insurance Before It’s Too Late

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…
Jun 5
Be Sure To Review ABIM's New List of Overused and Unnecessary Medical Tests and Procedure

Be Sure To Review ABIM's New List of Overused and Unnecessary Medical Tests and Procedure

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health LawThis year, seventeen (17) medical specialty societies added their names and recommendations to a list of medical procedures that are overused and…
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…

Rank this Week: 3720

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 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…

Rank this Week: 3539

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: 3998

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