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V&E; E-Communications
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| 2006 |
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"Labor Board Addresses When Charge Nurses Are Supervisors"
10/06/2006 |
On October 3, 2006, the National Labor Relations Board (NLRB or Board) released a series of cases that address when certain employees may be considered supervisors under the National Labor Relations Act (NLRA or Act), thereby removing them from the protections of the Act. |
"Labor Board Addresses When Charge Nurses Are Supervisors"
10/06/2006 |
On October 3, 2006, the National Labor Relations Board (NLRB or Board) released a series of cases holding that certain charge nurses may be considered supervisors under the National Labor Relations Act (NLRA or Act), thereby removing them from the protections of the Act. |
"Federal Court Begins To Define Extent Of Corporate Liability Under the Alien Tort Claims Act"
09/29/2006 |
Over the past decade, multinational corporations subject to jurisdiction in the United States have faced allegations under the Alien Tort Claims Act (“ATCA”) that their affiliates operating in developing countries have engaged in environmental, labor and human rights abuses. |
"Design Schematic for US 290 Corridor Project Delayed Until 2007"
09/28/2006 |
The Texas Department of Transportation’s estimate for completion of the design schematic for the US 290 Corridor Project, which was expected by the end of this month, has now been delayed to 2007. |
"CMS Special Open Door Forum on Transplant Centers"
09/07/2006 |
| CMS will host a Special Open Door Forum on Compliance and Conditions of Participation for Transplant Centers on September 12, 2006.
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"BIS Publishes New Export Rules for Libya and Iraq"
09/06/2006 |
| On August 31, 2006, the Bureau of Industry and Security (BIS) of the Department of Commerce published an interim final rule amending sections of the Export Administration Regulations (EAR) governing exports to Libya and Iraq. |
"Governor Perry Announces Appointment of Martin A. Hubert as TCEQ Commissioner"
09/01/2006 |
| Earlier today, Governor Rick Perry announced the appointment of Martin A. Hubert of Austin to the Texas Commission on Environmental Quality for a term to expire August 31, 2011. |
"U.A.E. Accedes to the New York Convention"
08/30/2006 |
| The United Arab Emirates (“U.A.E.”) has recently become the latest country to ratify the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention” or “Convention”). |
"Attorney General Opinion Interprets Chapter 176"
08/04/2006 |
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"Options Backdating Update"
07/26/2006 |
| On July 26, 2006, the SEC announced new rules on executive compensation that will include new disclosure requirements about the timing and pricing of options. |
"Supreme Court Ruling in Burlington Northern Expands Grounds for Retaliation Claims"
07/03/2006 |
| In a ruling with significant ramifications for employment law, the U.S. Supreme Court has expanded the scope of potential retaliation claims that employees may bring. |
"Federal Court Declares Part of DOJ's Thompson Memo Unconstitutional"
06/27/2006 |
| In a landmark decision issued Tuesday, U.S. District Judge Lewis Kaplan of the Southern District of New York held portions of the "Thompson Memorandum" unconstitutional because it violates the Fifth and Sixth Amendments.
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"Supreme Court Issues Divided Wetlands Opinion"
06/20/2006 |
| On June 19, 2006, in a divided opinion, the United States Supreme Court issued its long-awaited decision in the consolidated Rapanos and Carabell wetlands cases. |
"An Arbitration Alternative: The PCA Natural Resource Rules"
06/12/2006 |
| The next time you are negotiating an international energy related contract it may be worth looking beyond the typical choices when it comes to selecting the arbitral rules to insert into your arbitration clause. |
"TCEQ Releases Revised ESL Methodology For Public Comment"
05/31/2006 |
| May 31, 2006: Today, the Toxicology Section of TCEQ's Chief Engineer's Office released its revised methodology for the derivation of effects screening levels (ESLs).
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"Update on Texas Legislature"
05/16/2006 |
| Governor Rick Perry called the Texas Legislature back to Austin for a special session to address a June 1 deadline from the Texas Supreme Court to change the way Texas pays for schools to give school districts more discretion in the tax rates they set. |
"Update on Texas Legislature"
05/10/2006 |
| House Bill 1: After days of wrangling, negotiations, and a near meltdown, the Senate passed out their amended version of this bill.
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"Design Schematic for US 290 Corridor Project Over 80 Percent Complete"
05/08/2006 |
| The design schematic for the US 290 Corridor Project is over 80 percent complete and should be sent to Austin for final approval within the next month. |
“Gun Jumping”: Department of Justice Obtains $1.8 Million Civil Penalty For Violating the Hart-Scott-Rodino Antitrust Improvements Act of 1976
05/04/2006 |
| Qualcomm Incorporated and Flarion Technologies, Inc., agreed to pay $1.8 million to settle charges that they “jumped the gun” in violation of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”).
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"Update on Texas Legislature"
04/28/2006 |
| The Senate Finance Committee met today to take up and consider the package of tax reform bills that the House of Representatives passed earlier in the week.
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"Update on Texas Legislature"
04/25/2006 |
| Yesterday, the Texas House of Representatives convened to take up and consider the package of tax reform bills proposed to deal with the Texas Supreme Court mandate to change the way Texas pays for schools to give school districts more discretion in the tax rates they set.
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"China to Levy Windfall Charge on Oil Production Enterprises"
04/19/2006 |
| On March 26, 2006, China’s National Development and Reform Commission (the “NDRC”) issued the Circular on Adjustment of Oil Products Prices (“Oil Price Circular”), which raised the prices for the sale of various oil products in the People’s Republic of China (the “PRC”), including gasoline and diesel. |
"Hospital Clients Should Be Aware of Two Significant Recent Developments Regarding Medicare Payment For Disproportionate Share Hospitals and A Recent Development In A Federal Anti-kickback Case"
04/05/2006 |
| Qualification for the Medicare disproportionate share hospital ("DSH") payment, and the amount of the payment adjustment, are based on a hospital's disproportionate patient percentage. |
"The Supreme Court Narrows Application of Antitrust Law’s Per Se Rule in Two Cases"
03/06/2006 |
| On consecutive days, the United States Supreme Court substantially narrowed the application of the per se rule of liability in antitrust cases. |
"Compliance With Laws Affecting Local Governmental Entities and Officers"
03/03/2006 |
| As of January 1, 2006, local government officers and persons who contract or seek to contract with local governmental entities are subject to new disclosure requirements under new Chapter 176 of the Texas Local Government Code. |
"Federal Trade Commission Announces Reforms to the Merger Review Process – Agency Expects to Enhance Communications, Reduce Productions, and Speed Reviews"
02/27/2006 |
| The Federal Trade Commission (FTC) recently adopted reforms designed to streamline the process for responding to requests for additional information (second requests) under the Hart-Scott-Rodino Antitrust Improvements Act of 1976. |
"Fifth Circuit Rejects Use of Accounting Expert Opinion in PSLRA Pleading"
02/22/2006 |
| The Fifth Circuit’s recent decision in Financial Acquisition Partners LP v. Blackwell, Civ. No. 04-11300, 2006 WL 330120 (Feb. 14, 2006), affirmed dismissal of a putative class action alleging Rule 10b-5 violations against a bankrupt company’s officers and auditor. |
"Amendments to Russian Corporate and Securities Legislation"
02/08/2006 |
| We thought you or your colleagues would be interested in recent developments in Russian joint stock companies and securities law as evidenced by federal laws adopted in late 2005 and early 2006. |
"OFCCP's Internet Applicant Rule Imposes New Burdens on Employers"
02/06/2006 |
| The Office of Federal Contract Compliance Programs (OFCCP) Final Rule modifying OFCCP record keeping requirements to address the usage of the Internet and electronic data technologies in contractors' recruiting and hiring procedures becomes effective today. |
"MLP Options and IRC § 409A Deferred Compensation Issues"
02/02/2006 |
| The proposed regulations issued under IRC section 409A, concerning deferred compensation, provide, in general, that stock options are not subject to section 409A if the exercise price is not less than the stock’s fair market value on the date of grant and the option does not provide for the deferral of the option income on its exercise. |
"Lawsuit Against IBM Highlights Increased Focus on Properly Classifying Technical Employees"
01/31/2006 |
| Computer giant IBM Corp. was sued on Tuesday, January 24 by a team of eight plaintiffs firms on behalf of a purported class of tens of thousands of IBM hardware and software maintenance workers and installers across the U.S, alleging that IBM misclassified and failed to pay overtime to those employees. |
Legislative Update
"Eminent Domain — Public Information Act Expanded to Affect Certain Private Entities"
01/27/2006 |
| Any non-governmental entity authorized by law to take private property through the use of eminent domain should be aware of a new law that subjects such businesses to the Texas Public Information Act (the "PIA" or "Act"). |
| 2005 |
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"JCAHO Proposes Radical Changes To Credentialing And Privileging Standards"
11/30/2005 |
| The Joint Commission on Accreditation of Healthcare Organizations ("JCAHO") has recently published Proposed Revisions to the Medical Staff Credentialing and Privileging Standards. |
"Court of Appeals Upholds Government’s Position That Acquiring Even a Passive Ownership Interest in a Competitor May Violate U.S. Merger Laws"
11/03/2005 |
| In a case of significance to businesses and people that own partial interests in competing entities (less than 100%), the Sixth Circuit Court of Appeals held that the acquisitions of voting or passive financial interests in competitors could violate Section 7 of the Clayton. |
"Justice Department and Federal Trade Commission Announce Expedited Antitrust Procedure and Guidance for Post-Hurricane Relief Efforts"
09/30/2005 |
| This week the Department of Justice and the Federal Trade Commission announced an expedited procedure for providing antitrust guidance on proposed business collaborations relating to the aftermath of Hurricanes Katrina and Rita. |
"Fifth Circuit Extends and Clarifies Requirement to Show “Market Efficiency” To Certify Securities Fraud Class Action"
08/29/2005 |
| The recent decision in Bell v. Ascendant Solutions, Inc., No. 04-11078 (5th Cir. Aug. 23, 2005), removes any doubt that to obtain certification of a securities fraud class action in the Fifth Circuit, the lead plaintiff must do more than simply allege that a security trades in an efficient market to obtain a classwide presumption of reliance and satisfy the predominance requirement of Rule 23(b)(3). |
"D.C. Circuit Clarifies Sherman Act Analysis"
07/29/2005 |
| On July 22, 2005, the United States Court of Appeals for the D.C. Circuit affirmed a decision by the Federal Trade Commission ("FTC" or the "Commission") finding that an agreement between joint venture parents to suspend price competition and advertising on products outside the joint venture violated both Section 1 of the Sherman Act and Section 5 of the Federal Trade Commission Act.
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"Texas Environmental Legislative Update"
06/27/2005 |
| On June 18 Governor Perry called the 79th Legislature into its first Special Session to address education and school finance.
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"Notice of Proposed Extranet Healthcare Information Technology"
06/03/2005 |
| In response to growing Healthcare Information Technology ("HIT") regulation, we are considering undertaking a significant addition to the information and services already offered to our V&E; HIPAA Consortium members. |
"Texas Environmental Legislative Update"
05/26/2005 |
| The 79th Texas Legislature wraps up its work on Monday, May 30 (and will we be glad!).
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"Texas Environmental Legislative Update"
05/20/2005 |
| We have just a few more days until the 79th Texas Legislative Regular Session ends (May 30). |
"Collect Data Now on Emergency Services Provided to Undocumented Aliens to Qualify for Special Reimbursement"
05/13/2005 |
| Hospitals, physicians, and ambulance services providers should move quickly to benefit from a $1 billion CMS fund for uncompensated emergency care provided to "undocumented aliens" under the Emergency Medical Treatment and Labor Act ("EMTALA"). |
"Texas Environmental Legislative Update"
05/12/2005 |
The 79th Texas Legislative Session is fast approaching its 140th and last day, May 30.
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"Texas Environmental Legislative Update"
05/05/2005 |
| The Senate passed SB 1741 (Sen. Todd Staples, R–Palestine), related to interbasin surface water transfers.
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"Environmental Legislative Update"
05/02/2005 |
| On April 29, the Senate passed Sen. Ken Armbrister's (D–Victoria) SB 3, the comprehensive water legislation, with several floor amendments.
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"Environmental Legislative Update"
04/28/2005 |
| We anticipate that Sen. Ken Armbrister's (D–Victoria) SB 3, related to the development and management of the state's water resources, will be voted on by the Senate on April 29th and sent to the House.
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"Fifth Circuit Confirms that Holder Claims Are Derivative in Nature"
04/28/2005 |
| The Fifth Circuit’s recent decision in Smith v. Waste Management, Inc., Civ. No. 04-20380, 2005 WL 873329 (Apr. 15, 2005), establishes that holders of stock in a Delaware corporation may not file direct actions against that corporation based on alleged misrepresentations or mismanagement that result in a decline to its stock price. |
"GAO Amends Bid Protest Regulations to Cover Certain A-76 Competitions Within Its Bid Protest Jurisdiction"
04/26/2005 |
| The General Accountability Office ("GAO") issued a final rule, effective April 14, 2005, to amend its bid protest regulations in order to expand its bid protest jurisdiction to cover certain public-private competitions conducted under the Office of Management and Budget ("OMB") Circular A-76.
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"Environmental Legislative Update"
04/25/2005 |
| We expect a flurry of legislative activity during the next few weeks as we move toward the end of the legislative session (May 30), and we will update you as noteworthy environmental bills move forward.
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"Environmental Legislative Update"
04/21/2005 |
| The Senate Natural Resources Committee heard testimony on SB 594 (Sen. Jon Lindsay, R–Houston) and SB 1741 (Todd Staples, R–Palestine), related to interbasin surface water transfers.
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"Environmental Legislative Update"
04/14/2005 |
| The House Committee on Environmental Regulation heard testimony this week on Rep. Glenn Hegar's (R–Katy) HB 3002, related to the revocation of certain waste permits issued by TCEQ.
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"Environmental Legislative Update"
04/11/2005 |
| The Senate Natural Resources Committee voted SB 947 (Sen. Ken Armbrister, D–Victoria) favorably as a substitute last week.
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"Eleventh Circuit Finds That "Reverse Payment" Patent Settlements Do Not Violate the Antitrust Laws"
04/11/2005 |
| The Eleventh Circuit Court of Appeals has vacated a 2003 Federal Trade Commission decision and order that found “reverse payment” patent settlements in the pharmaceutical industry to have violated the antitrust laws. |
"Texas Legislative Alert"
04/01/2005 |
| Vinson & Elkins has prepared a brief analysis of selected proposed legislation affecting health care providers that is currently being addressed by the 79th Texas Legislature.
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"Supreme Court Recognizes Disparate Impact Under ADEA"
04/01/2005 |
| On Wednesday, March 30, 2005, the United States Supreme Court issued its decision in Smith v. City of Jackson, 03-1160, recognizing a disparate-impact theory of recovery for cases brought under the Age Discrimination in Employment Act ("ADEA").
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"Changing Dimensions of Director Liability Under the Federal Securities Law"
04/01/2005 |
| Serving as an outside director of a public company has never been more perilous from a financial perspective. |
"Environmental Legislative Update"
03/31/2005 |
| Sen. Armbrister (D–Victoria) still has not filed Senate Bill 3, but he did release an outline of what surface and groundwater issues the bill will cover:
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"Department of Justice Files Suit Against West Virginia Hospitals for Unlawful Market Allocation"
03/24/2005 |
| On March 21, 2005, the Department of Justice filed suit against Bluefield Regional Medical Center, Inc. (“BRMC”) and Princeton Community Hospital Association, Inc. (“PCH”), alleging that agreements between the two hospitals not to compete with each other for certain services violated Section 1 of the Sherman Act.
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"Environmental Legislative Update"
03/24/2005 |
| This week, the House Committee on Environmental Regulation voted favorably on a substitute for HB 1705 (Bonnen, R–Angleton), which would exempt port authorities and navigation districts from certain state cleanup liability for the disposition of dredged material. |
"Environmental Legislative Update"
03/17/2005 |
| The deadline for filing bills was March 11, so we saw hundreds of bills filed in the closing days. |
"Environmental Legislative Update"
03/10/2005 |
| The Senate Natural Resources Committee heard testimony this week on several bills, including SB 699 (Hinojosa, D–McAllen) on strengthening TCEQ's economic benefit recovery program, SB 484 (Barrientos, D–Austin) on raising the air emissions fee cap from 4,000 tons to 8,000 tons, and SB 519 (Armbrister, D–Victoria) on compliance history.
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"Department of Justice Forms Procurement Fraud Task Force"
03/09/2005 |
| The Department of Justice recently emphasized its intent to investigate and prosecute procurement fraud, particularly among defense contractors.
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"USERRA Posting Requirement Effective March 10, 2005"
03/09/2005 |
Effective Thursday, March 10, 2005, all employers covered by the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) will be required to post in the workplace notice of basic employee rights and responsibilities under USERRA. |
"Environmental Legislative Update"
03/07/2005 |
| The House Environmental Regulation Committee voted favorably on Rep. Wayne Smith's (R — Baytown) HB 86, which modifies how TCEQ addresses compliance (see our February 17th legislative update).
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"Fifth Circuit Rulings on Aftermarket Standing and Scienter"
03/07/2005 |
| The Fifth Circuit recently issued two opinions of some importance for future securities litigation. |
"United States v. Dentsply International
Third Circuit Finds Dentsply's Exclusive Dealing Policy Unlawful"
03/05/2005 |
| On Thursday, February 24, 2005, the Third Circuit ruled that the exclusive dealing policy Dentsply International (“Dentsply”) imposed upon its dental dealers violated Section 2 of the Sherman Act. |
"Key Points Concerning Recent HSR Changes"
02/25/2005 |
| The FTC has adopted new regulations which significantly affect HSR filing requirements.
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"Environmental Legislative Update"
02/24/2005 |
| On February 21, 2005 the House Natural Resources Committee heard invited testimony on various surface and groundwater issues and several bills but did not vote on any of them.
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"Fifth Circuit Clarifies Class Certification Standard in "Fraud on the Market" Cases"
02/22/2005 |
| The Fifth Circuit’s recent decision in Unger v. Amedisys, Inc., No. 03-30965, provides much needed guidance for district courts considering the certification of securities class actions relying on the “fraud on the market” theory.
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"Environmental Legislative Update"
02/17/2005 |
| On February 2, 2005, Rep. Ruben Hope (R – Conroe) introduced HB 786, relating to the authority of county governments to prohibit solid waste disposal.
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"Environmental Legislative Update"
02/10/2005 |
| The House Natural Resources Committee will meet for an organizational hearing on Monday, February 14, 2005 at 2:00 p.m. to consider testimony from state agencies, including TCEQ and the Water Development Board. |
"Texas Alert - Legislative Issue"
02/08/2005 |
1. TX BILL REQUIRES REPORTING OF INFECTION RATES TO DSHS — Under Texas House Bill 734 (Davis), certain health care facilities would be required to report to the Texas Department of State Health Services ("DSHS") health care associated infection rates experienced at their facilities at least quarterly. |
"Fifth Circuit Partially Overturns Dismissal Order Under the PSLRA"
02/01/2005 |
| The Fifth Circuit’s recent decision in Barrie v. Intervoice-Brite, Inc., Civ. No. 03-11064, marks the first time in five years that the Fifth Circuit has substantially overruled a district court’s grant of dismissal under the PSLRA.
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"Clean Air Enforcement Focus in Houston"
02/01/2005 |
| On Monday, January 31, 2005, the Texas Commission on Environmental Quality (TCEQ) announced enforcement initiatives addressed to sources of nitrogen oxides (NOx) and highly reactive VOCs (HRVOCs) in the Houston area.
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"Texas Senate Natural Resources Committee Named"
01/28/2005 |
| Yesterday, Lt. Governor David Dewhurst announced the Senate committee assignments, and the Senate Natural Resources Committee will hold its first hearing next Tuesday, February 1.
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"Texas House Environmental and Energy Committees Named"
01/27/2005 |
| This morning, Speaker of the House Tom Craddick announced committee assignments. |
"TCEQ Adopts Recommendations to Change Enforcement Rules"
01/18/2005 |
| On January 14, 2005, the Texas Commission on Environmental Quality (“TCEQ”) Commissioners adopted more than 60 recommendations that, when implemented, will modify its enforcement rules and policies. |
"Interim Reports To The 79th Texas Legislature: V&E; Preliminary Picks For Principal Health-Related Legislative Plays"
01/06/2005 |
The Texas Legislature is once again prepared to address a number of key health care issues as evidenced by the release of the following Interim Reports to the 79th Legislature: Texas Senate Health and Human Services (HHS) Committee, the Senate Committee on State Affairs, the House Select Committee on State Health Care Expenditures, the Senate Committee on Infrastructure Development and Security, the Senate Committee on Intergovernmental Relations, the Senate Subcommittee on Higher Education, the House Committee on Economic Development, the House Committee on Business & Industry, and the Long Term Care Legislative Oversight Committee. |
| 2004 |
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"Department of Justice Seeks Comments on Proposed Revised ADA Accessibility Guidelines"
10/22/2004 |
| The U.S. Department of Justice (DOJ) has issued an Advanced Notice of Proposed Rulemaking seeking preliminary public comments on the revised accessibility guidelines recently promulgated by the U.S. Access Board. |
"Research Under HIPAA and The Common Rule: SACHRP Recommendations"
10/14/2004 |
| In August 2004 the Secretary of the Department of Health and Human Services (“HHS”) received a letter from the Secretary's Advisory Committee on Human Research Protections (“SACHRP”), which is charged with advising the Secretary regarding research involving human subjects and the protection of human subjects, in which SACHRP analyzed the difficulties that HIPAA's Privacy Rule imposes on conducting research. |
"Texas Alert - TDI Provides Guidance on Discount Policies"
08/27/2004 |
| The Texas Department of Insurance ("TDI") has issued long-awaited guidance to the provider industry, which sought clarification from TDI in developing discount programs for the uninsured in Texas. |
"Major Changes Proposed for TCEQ Enforcement"
08/23/2004 |
| In December, 2003, TCEQ announced a comprehensive review of its enforcement functions to ensure "that the agency is enforcing environmental laws fairly, effectively, and swiftly." |
"Bolivian Referendum on Natural Gas Passes; New Laws Implementing Referendum May"
07/21/2004 |
| A recent public referendum in Bolivia may significantly impact foreign investment in the Bolivian oil and gas sector, particularly in upstream ventures. |
"Glenn Shankle Offered the Position of Executive Director of TCEQ"
07/14/2004 |
| At this morning's regular agenda of the Texas Commission on Environmental Quality, the Commissioners unanimously agreed to offer Glenn Shankle the position of Executive Director of TCEQ effective August 1, 2004.
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"Supreme Court Addresses For The First Time The Alien Tort Claims Act"
07/01/2004 |
| On Monday, June 29, 2004, the United States Supreme Court issued a compromise decision that leaves many corporations in the mining or oil and gas industries still susceptible to allegations that their operations abroad (often in conjunction with foreign governments) have inflicted labor or human rights abuses on foreign workers, but which may help limit the types of claims they face. |
"Recent Developments in Iraq—Revision of CPA Order No. 17"
06/30/2004 |
| In one of its final acts before the (early) handover of power to the new Iraqi government, the CPA revised its Order No. 17, which governs the status of foreign Contractors in Iraq. |
"National Labor Relations Board Overrules Itself and Holds That Non-Unionized Workers Are Not Entitled to the Presence of a Co-Worker During Investigatory Interviews"
06/18/2004 |
| Four years ago, in Epilepsy Foundation of Northeast Ohio, the National Labor Relations Board (the “Board”) ruled that employers must permit non-unionized workers to have a co-worker present during an investigatory interview that could result in discipline. |
"The United States Supreme Court Limits the International Application of the U.S. Antitrust Laws"
06/15/2004 |
| The Supreme Court voted 8-0 to limit the international reach of the United States antitrust laws (Justice O'Connor not participating, and Justices Scalia and Thomas concurring). |
"The New Medicare Part D: Transitional Drug Card Program and Prescription Drug Benefit"
04/30/2004 |
| The first portion of the new Medicare drug benefit under the Medicare Prescription Drug, Improvement and Modernization Act (the "MMA"), the prescription drug discount card plan, will begin enrolling beneficiaries in May and the drug card benefits will be available to enrollees June 1, 2004. |
"Fifth Circuit Limits Fraud-On-The-Market Presumption"
04/29/2004 |
| The United States Court of Appeals for the Fifth Circuit recently affirmed in part and vacated in part a summary judgment entered in favor of the defendants in a putative securities fraud class action, Greenberg v. Crossroads Systems Inc., No. 03-50311 (5th Cir. April 14, 2004). |
"Department of Labor Issues New Regulations"
04/26/2004 |
| On April 20, 2004, the Department of Labor ("DOL") finally issued its new regulations governing "white-collar" exemptions under the Fair Labor Standards Act ("FLSA"). |
"The Fifth Circuit Rejects the Group Pleading Doctrine"
04/12/2004 |
| The United States Court of Appeals for the Fifth Circuit recently affirmed in part and reversed in part the dismissal of a putative securities fraud class action in Southland Securities Corp. v. INSpire Insurance Solutions Inc., No. 02-10558 (5th Cir. March 31, 2004). |
"Stark II Phase II Final Regulations"
04/09/2004 |
| On March 26, 2004, CMS published the long-awaited Phase II of the Stark II Final Regulations. |
"Limited Time Texas Tax Amnesty Opportunity"
03/16/2004 |
| Do you have pending or potential liability for unpaid Texas state taxes? |
"Highest Court Invalidates “Reverse Age Discrimination” Claims"
02/27/2004 |
| In an important victory for corporate America, the U.S. Supreme Court ruled Tuesday that employees who are 40 and over can’t sue their employers for giving better benefits to older coworkers. |
"FTC Challenges Consummated Hospital Merger"
02/26/2004 |
| More than four years after the parties consummated their hospital merger, the Federal Trade Commission (“FTC”) initiated an administrative challenge to unwind the deal. |
