Search Results

Knowledge

Protecting an Interest in a Ground Lease – A Lender’s Perspective

…as the “mortgagee” and “lender’s loss payable” on any insurance covering the improvements and the loan documents should require that such proceeds be paid directly to the lender. Similarly, condemnation…

Knowledge

Coming Soon to Your Inbox! Phase 2 of OCR’s Audit Program for HIPAA Compliance

…the industry. The Phase 2 audits will initially comprise desk audits, which are projected to be complete by the end of 2016, and will be followed by on-site audits. How…

Knowledge

Be Careful What You Ask For: Costs of Issuing Broad Subpoena May Significantly Outweigh Benefits

…seeking compensation for its time, expense, and attorneys fees incurred in complying with the subpoena. In the face of such communications, and the holding in Kelley, the groundwork will be…

Knowledge

Immigration Update

…trained representative of the company must complete the I-9 process. Dereliction by that representative will not insulate the company or its executives from liability. If you decide to audit only…

Knowledge

Tax Reform Curbs Fringe Benefits

…an “employee achievement award” provided in Code section 274(j). The Act retains this general rule, and clarifies the definition of an “employee achievement award.” This term has always been understood…

Knowledge

Fourth Circuit Holds Consequential Damages Exclusion Bars $19 Million Fire Loss Claim

…adversity should be respected.” Effect of Severn Peanut on Commercial Litigation Severn Peanut should result in North Carolina courts reliably enforcing limitation clauses contained in commercial agreements, thereby holding commercial…

Knowledge

What to Do and What to Know Upon Separation: A Lot More Than You May Have Thought

…Child Support Guidelines. Similarly, a spouse considered a “supporting spouse” must begin making “post-separation support” (temporary alimony) payments to the “dependent spouse.” These terms are discussed in the section addressing…

Knowledge

FTC Applies Antitrust Non-Profit Exemption to Physician Organization Affiliate of Non-Profit Hospital

…practice” definition in the Stark physician self-referral law. Late last year, the Federal Trade Commission (FTC) issued a staff advisory opinion indicating that a for-profit company providing physician services affiliated…

Knowledge

Corridors Fall 2018

…medications to hospital patients, and their exposure to the internet comes with risks of malicious manipulation, risks of patient harm, data breaches, and risks to an entire organization’s computer system….

Knowledge

Beware: Lenders At Risk for Being Too Involved in Developer’s Marketing Efforts

…that “where a financial institution acts beyond its ordinary course of dealing as a lending institution and participates in the actual development, marketing or sale of property . . ….