Alert
Published 05/03/2021
By Joshua Richards, Samantha Gross
Industries Higher Education
Background On December 13, 2016, the 21st Century Cures Act (the “Cures Act”) was signed into law and made changes to the Public Health Service Act related to health information technology. The Office of the National Coordinator for Health Information Technology (“ONC”), at the U.S. Department of Health and Human Services (“HHS”), is the principal federal entity charged with coordination of efforts to implement advanced health information technology and the electronic exchange of health information. On May 1, 2020, ONC issued the Cures Act final rule, which implements provisions of the Cures...
Alert
Published 05/03/2021
By Frederic M. Garsson, Christie R. McGuinness
Industries Insurance
On April 29th, a New York Court struck down as unconstitutional the 2017 Amendment to Insurance Regulation 189. The Amendment, commonly referred to in New York as the “best interests” rule, expanded the scope of Regulation 187 from merely requiring the application of a “suitability” standard to the sale of annuity contacts, to requiring the application of a “suitability and best interests” standard to both annuity contracts and life insurance policy sales. Specifically, the Amendment required “insurers, including fraternal benefit societies, to implement standards and procedures to address,...
Article
Published 04/29/2021
Services Bankruptcy and Restructuring
Article
Published 04/28/2021
Industries Real Estate
Article
Published 04/28/2021
Alert
Published 04/28/2021
By James Morsch, Michael Finio and Kayleigh Keilty
Services Antitrust
On April 22, 2021, the Supreme Court resolved a circuit split as to the Federal Trade Commission’s authority to seek restitution in a federal court action under the Federal Trade Commission Act (“Act”) without first obtaining a final cease and desist order in an administrative proceeding under the Act. In a unanimous opinion authored by Justice Breyer, the Court held in AMG Capital Mgmnt., LLC v. FTC , No. 19-508, that § 13(b) does not authorize the FTC to seek equitable monetary awards in addition to injunctive relief in stand-alone federal court litigation. Such restitution is only...
Article
Published 04/28/2021
Industries Financial Services
Article
Published 04/28/2021
Services Retirement Planning
Blog Post
Published 04/28/2021
By Ronald P. Colicchio
Blog Post
Published 04/27/2021
By W. Matthew Bryant
Article
Published 04/26/2021
Industries Real Estate
Blog Post
Published 04/23/2021
By Jason Tremblay, Lauren F. Schoeberl
Services : Labor and Employment
Alert
Published 04/22/2021
By Robin C. Dusek
Industries Cannabis Law | Insurance
On April 19, 2021, the SAFE Banking Act passed the U.S. House of Representatives, this time with a bipartisan vote of 321-101. The bill will move to the Senate where the Senate-filed bill enjoys bipartisan support with 32 co-sponsors. While most reporting on the bill has focused on the safe harbor provisions for financial services organizations working with state-legal cannabis businesses, the bill also includes an often overlooked safe harbor for those engaged in the Business of Insurance (as defined in the Dodd-Frank Act [1] ) who wish to work with state-legal cannabis businesses. The safe...
Blog Post
Published 04/21/2021
By Rohit Kapuria
Article
Published 04/20/2021
Services Labor and Employment
Article
Published 04/19/2021
Industries Cannabis Law
