If you create sweepstakes or contests, you understand that having a comprehensive set of official rules is essential. But what about a contest that is part of an incentive program for a company’s employees, dealers, or distributors? The entrants...
In a recent advisory opinion, the Department of Health and Human Services inspector general warned health care providers about entering into contracts that may generate illegal kickbacks and result in administrative penalties. An unnamed...
Last week, what appears to be a draft (so long that it is in two separate parts) of EPA’s proposed rule defining “waters of the United States” was widely circulated. Part of what I love about this story is that it is uncertain whether this is in...
A father who is facing criminal charges because his 4-year-old son fatally shot a 6-year-old neighbor earlier this year has rejected a plea bargain and pleaded not guilty to six counts of child-endangerment.
A strike out application on the grounds that the claim was immune from suit recently failed, even though the judge agreed that immunity applied. The solicitors’ negligence case of Attwells v Jackson Lalic [2013] NSWSC 1510 is a perhaps frustrating...
Businesses subject to the Affordable Care Act’s “shared responsibility” provision must consider proper worker classification and its implications. Although the Patient Protection and Affordable Care Act, as amended (ACA) was enacted to expand...
As Apple and Samsung prepare for a new trial on damages, Apple filed a motion to exclude part of the damage calculation set forth in Samsung's updated expert report on damages. In particular, Apple moved to exclude the damage calculation pertaining...
On 9 September 2013, the International Swaps and Derivatives Association, Inc. (ISDA) published its 2013 ISDA Arbitration Guide. The decision to introduce optional arbitration clauses for the 1992 and 2002 ISDA Master Agreements follows a...
California appellate courts impose specific requirements on how arguments are to be presented on appeal. A party cannot simply incorporate by reference trial arguments. Nor can a party simply cut and paste arguments made in trial briefs without the...
When you think about whistleblowers, you might think of Edward Snowden, who recently exposed the NSA’s surveillance program. While high profile cases often garner the most attention, whistleblowing statutes afford protections to all employees who...
