• 04.23.12

    Incentive-Based Compensation: FDIC Proposal Will Lock Up Payouts

    With considerable fanfare, the FDIC passed and then quickly announced its proposed rules implementing Section 936 of the Dodd-Frank legislation – even before the other regulatory agencies could put their own imprimatur on the jointly developed proposal.The proposal takes some interesting ...

  • 04.23.12

    AB 32's Carbon Market Rounding Into Shape

    Seems like only yesterday that those following AB 32 were anticipating the release of the California Air Resources Board’s (CARB’s) initial view of the AB 32 Cap and Trade program. That initial version, known as the Preliminary Draft Regulation (PDR), was made public in the fall of ...

  • 04.20.12

    What's Next for the Renewable Power Industry

    The current success of renewable (solar, wind, biomass, etc.) and clean electric power generation projects and technologies has been in large part due to public approval and governmental support. This support has come in a variety of forms that mandate use and subsidize cost: renewable fuels ...

  • 04.20.12

    CMBS 2.0: Still in Need of Work

    Since their arrival in the 1980s, commercial mortgage-backed securities (CMBS) have held great promise for commercial real estate borrowers. They greatly increased capital flows into commercial real estate and offered lower-cost loans in exchange for cumbersome loan documentation and less ...

  • 04.20.12

    Surviving False Claims Act Allegations: What Every Government Contractor Needs to Know to Maximize ...

    In recent years, an increasing number of governmental and private party “whistleblower” claims alleging fraudulent claims for payment from the U.S. federal government have been brought against government contractors under the federal False Claims Act (FCA.)Civil violations of the FCA ...

  • 04.20.12

    ACO Fraud & Abuse Waivers

    In an extraordinary effort to provide accountable care organizations (ACOs) with flexibility to establish innovative arrangements among hospitals, physicians and patients, the Centers for Medicare and Medicaid Services (CMS) and the Department of Health and Human Services Office of Inspector ...

  • 04.20.12

    Courts, Sports And Videogames: What's In A Game?

    Although one of the clearest legal thinkers, Louis Brandeis, conceived the modern right of publicity, "unclear" would be an adjective all lawyers would apply to the current state of right of publicity law, regardless of which side of the issue they usually argue. Indeed, although the ...

  • 04.20.12

    Designing Medicaid Benchmark Benefits for New Adult Beneficiaries

    On Dec. 16, 2011, the Center for Consumer Information and Insurance Oversight (CCIIO) within the U.S. Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS) released a bulletin providing guidance with respect to: (i) new state flexibility to design the ...

  • 04.20.12

    Unintended Environmental Consequences of the Demise of Redevelopment in California

    California has a rich history of seizing opportunities that, at first glance, seem perilous. Following a significant industrial and manufacturing era in California, many communities in the state were saddled with properties contaminated with hazardous substances. These brownfields properties were ...

  • 04.20.12

    Were Those Jeans Really 'Born In The USA'?

    The Federal Trade Commission has closed its investigation into the legality of advertising claims made by Lucky Brand Dungarees Inc. The FTC initiated the inquiry in an effort to determine if Lucky Brand’s claims that its clothing is “hand crafted in America,” “born in ...

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