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5 Aug 2024, 12:22 pm by Cynthia Marcotte Stamer
  When OCR finds violations of the Access Rule or other HIPAA violations, HIPAA as amended by the HITECH Act,1 generally authorizes OCR to impose and collect a CMP determined based on the following penalty schedule, with adjustments for inflation: A minimum of $100 for each violation where the Covered Entity or business associate did not know and, by exercising reasonable diligence, would not have known that it violated the HIPAA provision, provided the total amount of… [read post]
5 Aug 2024, 11:33 am by Kevin LaCroix
  ERISA prohibits a plan from engaging in certain transactions with persons providing services, i.e., a “party in interest,”[vi] and transactions between a plan and a fiduciary, i.e., self-dealing. [read post]
5 Aug 2024, 10:46 am by Robin E. Kobayashi
However, WCAB panel decisions are not binding precedent, as are en banc decisions on all other Appeals Board panels and workers’ compensation judges. [read post]
5 Aug 2024, 8:15 am by Will Newman
We then instruct the barrister with the brief document and the barrister drafts the summons and solicitor may amend it. [read post]
3 Aug 2024, 6:30 am by Guest Blogger
The sectional divide over the war was a direct outgrowth of conflicting interests in commerce, the subject with which LaCroix is primarily concerned. [read post]
2 Aug 2024, 1:51 pm by Guest Author
  The Court’s permissive reading of the statute of limitations could invite trade associations or other interested parties to recruit new market entrants, or perhaps existing ones claiming long-delayed harmful impacts, to challenge existing regulatory regimes, irrespective of the outcome of previous legal challenges (or the absence of any such challenges). [read post]
2 Aug 2024, 3:00 am by Jim Sedor
The acquisition will put Trump’s company in a business relationship with someone with numerous interests before the federal government. [read post]
1 Aug 2024, 9:05 pm by Mihir Rai
The decision diverges from rulings by six other judges who have previously found the rules invalid in 21 other states. [read post]
1 Aug 2024, 3:57 pm by Gould Cooksey Fennell
These conferences can also identify schedules for discovery, proposed dates and times for upcoming hearings, amended pleadings, and other issues. [read post]
Current law already allocates revenues generated from oil and gas activity on the Outer Continental Shelf to coastal restoration; this amendment would add funds generated by all other energy activities. [read post]
1 Aug 2024, 1:49 pm by David T. Fischer and Celene Gayle*
It reasoned that in cases where the government is not a formal party, it remains a ”real party of interest” because it retains the right to intervene, maintains “sufficient control” over the action, and monetary awards are “imposed by the government and payable to it” the Clause applies. [read post]
Although shell corporations serve many legitimate purposes, it’s also possible to disguise the identity of interested individuals and the flow of money by layering shell companies on top of each other, hiding the identity of the true owners. [read post]
1 Aug 2024, 9:01 am by Eric Goldman
If email services are protected by the First Amendment, then the RNC’s case should be over on First Amendment grounds). [read post]
1 Aug 2024, 9:00 am by Neil H. Buchanan
  What could an emboldened Democratic Party with an energetic leader do? [read post]
31 Jul 2024, 9:02 pm by Joseph Margulies
That’s what the First Amendment is for, and none of us wants to live in a world where this liberty does not exist. [read post]