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    California Court Upholds Expansive Definition of Recoupment
    2017-07-11

    The Bottom Line

    Filed under:
    USA, California, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Medicaid, Ninth Circuit, US District Court for Central District of California
    Authors:
    Priya K. Baranpuria
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Hospital Sales: No State Approval Required for Non-Operating Debtor
    2017-05-25

    The Bottom Line

    Filed under:
    USA, California, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP
    Authors:
    Priya K. Baranpuria
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Funds Talk: December 2016
    2016-12-01

    The Office of Compliance Inspections and Examinations (OCIE) announced it is examining registrants’ compliance with key whistleblower provisions arising out of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act).

    Filed under:
    European Union, France, United Kingdom, USA, Capital Markets, Company & Commercial, Corporate Finance/M&A, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Public, White Collar Crime, Kramer Levin Naftalis & Frankel LLP
    Location:
    European Union, France, United Kingdom, USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    When a hospital becomes a no standing zone
    2011-11-10

    Bottom Line:

    The United States Bankruptcy Court for the District of South Carolina in In re Barnwell County Hospital, No. 11-06207 (Bankr. D.S.C. Oct. 27, 2011) held that anad hoc community group of citizens formed for the purpose of attempting to keep the Barnwell County hospital open and operating in its current location (the “Community Group”) was not a party-in-interest in the hospital’s bankruptcy case and so lacked standing to challenge the debtor’s eligibility for relief under chapter 9 of the Bankruptcy Code.

    Filed under:
    USA, South Carolina, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Interest, Standing (law), Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Federal appellate court ruling sounds the liability alarm for officers and directors of struggling health care providers – both non-profit and for-profit
    2015-03-05

    Last month, the United States Court of Appeals for the Third Circuit issued an important, 28-page opinion that confirmed a jury verdict, holding former officers and directors of a not-for-profit health care provider in bankruptcy, jointly and severally liable to the facility’s creditors – in the amount of $2.25 million – for breach of fiduciary duty in failing to properly oversee and manage the non-profit entity.  Official Comm. of Unsecured Creditors ex rel. Lemington Home for Aged v. Baldwin (In re Lemington Home for Aged), No.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Non-profit Organizations, Cadwalader Wickersham & Taft LLP, Third Circuit
    Authors:
    Ingrid Bagby
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    The Case for Early-Stage Compliance
    2021-09-01

    The year is 2012, and the biotech you founded has just received FDA approval for a wildly promising product with significant differentiation from other products in its class. You only have 35 employees, but begin to build a lean, incentive-based salesforce to launch your novel commercialization strategy built on a specialty distribution model, high-touch reimbursement support, aggressive marketing tactics, and premium pricing. Hiring a compliance officer is not a priority at this time.

    Filed under:
    USA, Capital Markets, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Troutman Pepper, Due diligence, US Securities and Exchange Commission
    Location:
    USA
    Firm:
    Troutman Pepper
    Democrat Senators Seek Amendment of FCRA, FDCPA for Medical Debts
    2018-08-21

    On August 16, seven Democrat senators proposed a bill (S.3351, named the “Medical Debt Relief Act of 2018”) to amend the Fair Credit Reporting Act and Fair Debt Collection Practices Act to cover certain provisions related to the collection of medical-related debt. The proposed act would institute a 180-day waiting period under the FCRA before medical debt could be reported on a person’s credit report. Further, medical debt that has been settled or paid off would be required to be removed from a person’s credit report within 45 days of payment or settlement.

    Filed under:
    USA, Banking, Healthcare & Life Sciences, Insolvency & Restructuring, Troutman Pepper, Debt collection, Fair Debt Collection Practices Act 1977 (USA)
    Authors:
    David N. Anthony
    Location:
    USA
    Firm:
    Troutman Pepper
    Cannabis Industry FAQ
    2017-07-18

    Can marijuana businesses receive federal copyright protection?

    Yes. The requirements for registration with the U.S. Copyright Office are that the work is original, creative and fixed in some form of expression. These requirements do not prevent a marijuana business from registering its works, such as pamphlets, instructional videos or even artwork.

    Can marijuana businesses receive any patent protection?

    Filed under:
    USA, Banking, Company & Commercial, Copyrights, Healthcare & Life Sciences, Insolvency & Restructuring, Patents, Real Estate, Tax, Trademarks, White Collar Crime, Troutman Pepper, Financial Crimes Enforcement Network (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    Applications for leave to appeal dismissed - 25 August 2016
    2016-08-25

    36979  Darin Andrew Randle v. Her Majesty the Queen

    (B.C.)

    Criminal law – Evidence – “Mr. Big” confessions

    Filed under:
    Canada, Crime, Employment & Labor, Healthcare & Life Sciences, Immigration, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Consent, Money laundering, Administrative law, Judicial review, Involuntary dismissal, Canadian Charter of Rights and Freedoms, Federal Court of Appeal (Canada)
    Authors:
    Matthew Estabrooks , D. Lynne Watt , Jeff Beedell , Guy Régimbald , Graham S. Ragan , Brian A. Crane, Q.C.
    Location:
    Canada
    Firm:
    Gowling WLG
    Holding the black bag: Personal health information and bankruptcy proceedings
    2016-02-10

    Introduction

    A recent decision of the Ontario Information and Privacy Commissioner (OPC) highlights the potentially broad application of the Personal Health Information Protection Act (PHIPA).1

    Filed under:
    Canada, Ontario, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, Gowling WLG
    Location:
    Canada
    Firm:
    Gowling WLG

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