News

Congress Wades in to Medical App Oversight

By EsqSocial Corporation 26/11/13

In September 2013, the Food and Drug Administration (FDA) issued final guidance regarding its regulation of mobile device medical apps. As expected, it reserved its scrutiny for apps that are truly “medical devices” (because they diagnose or treat...

Health Update -- Nov 26, 2013

By EsqSocial Corporation 26/11/13

10 Megatrends Shaping Healthcare’s Next 10 Years - The American healthcare system is undergoing massive change. From transformational policies to disruptive technologies to groundbreaking medical advances, powerful forces are coming together to...

Financial Services Legislative and Regulatory Update -- November 26, 2013

By EsqSocial Corporation 26/11/13

In This Issue: Leading the Past Week; Legislative Branch; Executive Branch; Miscellaneous; and Upcoming Hearings. Excerpt from Leading the Past Week - It is a rare moment when we realize we are actually witnesses to history. So it was only...

Voiding of Illinois Sales Tax Regulation Leads to Prospective Uncertainty for Sourcing Sales

By EsqSocial Corporation 26/11/13

The Illinois Supreme Court recently struck down an Illinois Department of Revenue (Department) regulation sourcing sales to the location of order acceptance. While the Supreme Court found that the Taxpayers’ Bill of Rights protected the taxpayer...

ISS Accepting Peer Group Updates Until December 9

By EsqSocial Corporation 26/11/13

Institutional Shareholder Services, Inc. (“ISS”) recently announced it will accept updates to certain companies’ self-selected peer groups until 5 p.m. EST, December 9, 2013. All companies in the Russell 3000 index with annual meetings set to occur...

ERISA: Incorrect Statements During Claims Process Do Not Render ERISA Inapplicable

By EsqSocial Corporation 26/11/13

PROBLEM: During the claim process your claims administrator mistakenly tells the claimant that the ERISA-governed plan is NOT governed by ERISA. Uh oh. Do you lose ERISA as the governing law over the policy and claim? NO. This rule makes a lot...

Companies Increasingly Look To Captive Insurance

By EsqSocial Corporation 26/11/13

Companies seeking an alternative to traditional risk management approaches are increasingly turning to the captive insurance market, especially for recurring and foreseeable losses. As most commonly understood, the captive operates as a private...

Careful What You Say – No Preemption for Statements Made in Operating Room

By EsqSocial Corporation 26/11/13

Makers of medical devices marketed pursuant to the Food and Drug Administration’s (FDA) premarket approval process are generally relieved from defending state law failure to warn claims by operation of express preemption, a principle elucidated by...

OIG Defines its Priorities in 2014-2018 Strategic Plan

By EsqSocial Corporation 26/11/13

Outlining its high-level priorities and goals for the next five years, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) published its Strategic Plan for 2014-2018. In the Strategic Plan, OIG identified four...

Health FSA Carryover Amendments - Proceed with Caution

By EsqSocial Corporation 26/11/13

Recently the Internal Revenue Service published guidance that permits an employer to amend its health care flexible spending account program (HFSA) to allow a limited carryover of funds. In IRS Notice 2013-71, the IRS provides for a new exception to...

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