Alert
Published 03/29/2021
By Jennifer L. Beidel, Joseph Sweeny, Lauren Farruggia, Kelsey Marron
Industries Health Care
Services White Collar and Government Enforcement
On November 24, 2020, the 11th Circuit issued a notable decision in United States v. Shah , 981 F.3d 920 (11th. Cir. 2020), which clarifies whether, in order to obtain a conviction under the federal Anti-Kickback Statute (“AKS”), the government must prove a defendant’s motivation for accepting kickback payments. The Court held that the statute does not require proof of the defendant’s motivation, after this point was conceded by both parties at oral argument. Dr. Alap Shah (“Shah”), a podiatrist from Columbus, Georgia, was convicted in the District Court of the Southern District of Florida...
Alert
Published 03/29/2021
By Kyle Gray, Patrick F. Nugent
Industries Energy
On March 18, 2021, FERC issued a final rule , effective 90 days after publication in the Federal Register, establishing a categorical one-year deadline for certifying authorities (usually state agencies) to act on a request for a water quality certification under Section 401 of the Clean Water Act for proposed natural gas and LNG projects. FERC’s final rule rejects the use of a case-by-case waiver analysis because FERC determined that a bright-line one-year waiver deadline provides needed certainty for a process that has often been confounding and the subject of much litigation. Section 401...
Article
Published 03/29/2021
Services Force Majeure Litigation
Article
Published 03/18/2021
Services Public Finance
Article
Published 03/18/2021
Industries Real Estate
Blog Post
Published 03/18/2021
By Alexander Reich, Jason Tremblay
Article
Published 03/17/2021
Services Labor and Employment
Blog Post
Published 03/17/2021
By Robert L. Duston, Angella N. Middleton
Article
Published 03/16/2021
Industries Real Estate
Blog Post
Published 03/16/2021
By Daniel Altchek, Carolyn A. Pellegrini
Blog Post
Published 03/15/2021
By Michael P. Cianfichi, Kevin M. Levy
Alert
Published 03/10/2021
By Darius C. Gambino, Zachary B. Kizitaff
Industries Sports and Entertainment
If you haven’t heard about NBA Top Shot yet, you soon will. It is one of the fastest growing online marketplaces for buying and selling Non-Fungible Tokens, or NFTs. NFTs are a type of cryptocurrency built on blockchain principles. While NFTs are not necessarily new, the way NBA Top Shot sells them is quite revolutionary. The NFTs are bundled with short highlight videos from actual NBA games called “Moments,” which are sold in virtual ‘packs’ to start. The real allure of NBA Top Shot, however, is the online marketplace where anyone can buy and sell “Moments.” Think of it like eBay for virtual...
Alert
Published 03/08/2021
By Joshua W. B. Richards, Zachary B. Kizitaff
Industries Higher Education
Whether and how Title IX applies to academic medical centers has historically been a difficult issue to get solid guidance on. While the preamble to the recent Title IX Sexual Harassment regulations touched lightly on the question, it provided next to no concrete detail. The United States District Court for the District of Connecticut recently weighed in with some additional authority standing for the proposition that academic medical centers are subject to Title IX. In Castro v. Yale University , [1] six physicians brought claims of alleged sex discrimination and retaliation under, among...
Blog Post
Published 03/08/2021
By Joshua W. B. Richards, Zachary B. Kizitaff
Alert
Published 03/05/2021
By Michael A. Finio
Industries Health Care
The U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”), in the span of about 48 hours in the first days of March, wrapped up two challenges to hospital deals – one dropped, the other settled (pending court approval). Both outcomes should be viewed as important indicators of both the issues the enforcement agencies are likely to focus on in health care industry deals and why market definition is particularly critical in health care market transactions. The Philadelphia Case On Monday, March 1, the FTC announced that it was walking away from its year-old challenge to...
Alert
Published 03/05/2021
This month’s Friday Five discusses cases that address the meaning of “active, full-time employee,” whether remand is required where an improper standard of review was applied, the standard for capacity in reference to a dispute between beneficiaries to a life insurance policy, a successful claim that a “change in condition” warranted termination of benefits and when extra-record discovery may be appropriate to interpret a claimant’s “own occupation.” The Saul Ewing Arnstein & Lehr Employee Benefits/ERISA Litigation Team March 5, 2021 | By Amy Kline , Caitlin Strauss and Christina Riggs 1...
