Recent Entries

  • New York Times Critical of Nursing Home Arrangements with Related Companies
    By Susan V. Kayser The New York Times reported on January 6, 2018, that according to financial disclosures to Medicare, nursing home contracts with related companies accounted for $11 billion of nursing home spending in 2015. According to the report, this amounts to a tenth of nursing home costs. The ... read more
    Posted to Duane Morris Health LawPublished on Wednesday, February 7th, 2018By DuaneMorris3
  • New SAMHSA Rule Allows Disclosure of Patient Substance Use for Payment, Healthcare Operations
    By Lisa W. Clark and Erin M. Duffy On January 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) finalized revisions to the Confidentiality of Substance Use Disorder Patient Records regulations, found in 42 CFR Part 2. The new final rule implements the changes proposed a year ago ... read more
    Posted to Duane Morris Health LawPublished on Wednesday, February 7th, 2018By DuaneMorris3
  • SCOTUS Could Take Up 280E
    There may be no greater thorn in the side of a cannabis producer, processor or retailer than section 280E of the Internal Revenue Code.  Section 280E prohibits businesses engaged in trafficking substances prohibited under the Controlled Substances Act (CSA) from claiming certain deductions and credits on their federal income-tax returns. In October ... read more
    Posted to Cannabis IndustryPublished on Wednesday, February 7th, 2018By Patricia H. Heer
  • EV Charging Company to Rival: Your Patents Aren’t Valid
    In a battle over EV charging station technology, a patent defendant has argued that the plaintiff’s technology is ineligible for patent protection and that the entire case should be dismissed from federal court. Electric vehicle (EV) charging station provider SemaConnect, Inc., has requested that a patent lawsuit be dismissed because ... read more
    Posted to Green IPPublished on Tuesday, February 6th, 2018By Justus Getty
  • How Long Does a California Civil Appeal Take?
    Based on the 2017 California Court Statistics Report, the statewide median time from the notice of appeal in a civil case to the filing of the Court of Appeal’s opinion is 506 days (about 17 months), with 90% of appeals processed within 842 days (28 months). But the median times ... read more
    Posted to Duane Morris Appellate ReviewPublished on Friday, February 2nd, 2018By Paul J. Killion
  • Contingency Fees and Commercial Litigation Hit the Cannabis Space
    As the values of transactions in the cannabis industry grow, commercial litigation is certain to follow.  One reason for this is that lawyers may be more inclined to represent clients on a contingency fee basis.  Where the value of a cannabis transaction is small, the expense of litigation may not be worthwhile ... read more
    Posted to Cannabis IndustryPublished on Friday, February 2nd, 2018By Seth A. Goldberg
  • Christopher Soriano discusses sports gambling on Chuck and Julie
    Duane Morris partner Christopher Soriano was a guest on the Chuck and Julie radio show on 710 KNUS, discussing the Supreme Court case that would allow expanded sports gambling all over the United States. ... read more
    Posted to Duane Morris Gaming LawPublished on Friday, February 2nd, 2018By DuaneMorris3
  • VIETNAM – Legal Alert – COMPETITION LAW VIOLATIONS CAN BE A CRIME – TWO-YEAR OPERATION-SUSPENSION FOR COMPANY’S COMPETITION CRIME
    Under Vietnamese jurisdiction, competition sector is generally governed by Law on Competition No. 27/2004/QH11 issued by National Assembly dated 3 December 2004 (“Competition Law”). Nevertheless, Penal Code No. 100/2015/QH13 dated 27 November 2015, as amended and supplemented in 2017 (“Penal Code”) which has just come into effect on 1 July ... read more
    Posted to Duane Morris VietnamPublished on Friday, February 2nd, 2018By Oliver Massmann
  • PHI Goes Beyond Medical Records
    In the 1990s, I wrote about a health care entity’s responsibility for medical waste. At that time, a hospital client had contracted with a low cost medical waste disposal company thinking that they would be saving money. The medical waste disposal company dutifully picked up the hospital’s medical waste and ... read more
    Posted to Duane Morris Health LawPublished on Thursday, February 1st, 2018By Patricia S. Hofstra
  • eNLC and Telehealth
    Licensure compacts allow nurses to have one multistate license, with the ability to practice in their home state and other compact states. The Enhanced Nursing Licensure Compact ( eNLC) was recently implemented and allows nurses to practice in person, or via telehealth, across states that are a part of the ... read more
    Posted to Duane Morris Health LawPublished on Thursday, February 1st, 2018By Patricia S. Hofstra