• 10.02.17

    California Takes On Drug Pricing: Real Progress or Illusion?

    Californians and others around the country following the California legislature’s multiyear debate on prescription drug pricing may have stood up and taken notice on Sept. 13 when the state Senate followed the Assembly in passing SB-17 to facilitate greater transparency in brand-name and ...

  • 10.01.17

    Digital Engagement Demands a Nimble HIPAA Strategy

    Mobile apps, e-mail and text messaging present new opportunities for health plans and healthcare providers to engage their members and patients. However, organizations must keep in mind that sending electronic protected health information (ePHI) through these channels poses HIPAA risks. ...

  • 09.30.17

    Failure to Approve Oklahoma Waiver Undermines Trust Between HHS and States

    By failing to follow through on repeated assurances to Oklahoma that its 1332 reinsurance waiver would be approved on an expedited timeline, the federal government dealt a devastating blow to Oklahoma consumers and magnified suspicions that the Department of Health and Human Services (HHS) is more ...

  • 09.28.17

    Proposed Legislation Aims to Make Patent Owners "STRONGER"

    By Yasser M. El-Gamal, Partner, Intellectual Property | Ehab Samuel, Counsel, Intellectual Property Why it matters: In late June 2017, proposed legislation titled the “STRONGER Patents Act of 2017” was introduced in the Senate with the goal of ...

  • 09.27.17

    When Is It Not a Constitutional Taking Case?

    The normal focus of this column is to examine what it takes to properly allege a constitutional property violation, a taking of property within the meaning of the Fifth Amendment to the United States Constitution or Article I, section 19 of the California Constitution. This month’s column ...

  • 09.26.17

    Who Is Responsible for Hazardous Material Cleanup?

    The U.S. Environmental Protection Agency has determined that 13 Superfund sites were flooded and possibly damaged as a result of Hurricane Harvey. Refineries and chemical plants were reported to have been impacted by flooding, and it is not yet known how many smaller facilities that managed ...

  • 09.24.17

    Are the Politics of Climate Change Finally Reaching a Turning Point?

    When Hurricane Harvey swept through South Texas last month, it inundated Houston and the surrounding coastline, displaced thousands, flattened homes and killed scores of residents. President Donald Trump tweeted about the “HISTORIC rainfall in Houston” and the ...

  • 09.21.17

    Court Finds Wellness Regs Too Sick to Stand

    Why it matters Siding with the American Association of Retired Persons (AARP), a D.C. federal court judge found the Equal Employment Opportunity Commission’s (EEOC) wellness rules with regard to the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act ...

  • 09.18.17

    Documentary Transfer Tax Triggered by CA Entity Sales

    The entity sale has long been a popular vehicle to indirectly transfer real property in California. However, the California Supreme Court recently changed the economics of such a transfer, deciding that such transfers can be subject to a county-imposed tax known as a “documentary transfer ...

  • 08.31.17

    Ninth Circuit Affirms Fine Based on I-9 Failures

    Why it matters In a cautionary tale for employers, the U.S. Court of Appeals, Ninth Circuit affirmed a fine based on failures related to the proper completion of I-9 paperwork. Sheet metal fabrication company DLS Precision Fab experienced a growth spurt and hired a new human resources ...