Legal Updates

Corporate Governance in Thailand

From the chapter in the book, European Lawyer Reference – Corporate Governance, written by Dej-Udom & Associates.

1. GENERAL PRINCIPLES

1.1 What are the general principles of corporate governance in your jurisdiction? What are the main objectives of corporate governance principles in your jurisdiction? State also whether your legal system is based on common law or civil law. More…

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Ohio Statehouse Update — February 14, 2014

Top issues from this week — February 14, 2014

Department of Health Director to resign

Department of Health Director Ted Wymyslo recently announced his decision to resign as agency head in order to return to private medical practice. Wymyslo was a family physician and educator in Montgomery County before joining the Kasich Administration in 2011. 

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Government Strategies Advisory:This Week in Washington — February 14, 2014

Debt ceiling debate ends

On Tuesday night, the House of Representatives passed a “clean” bill to increase the nation’s borrowing authority. The House voted 221 to 201 to raise the debt ceiling, with just 28 Republicans joining 193 Democrats in moving the legislation.

Leadership had wanted to extract something out of raising the debt ceiling and Speaker John Boehner (R-OH) had floated several different proposals—tying the legislation to Keystone, Obamacare changes and tax reform among other ideas—but eventually settled on rolling back the $6 billion on cost-of-living cuts to military pensions. In the end, however, these efforts did not garner the 218 votes needed. Democrats had long insisted they won’t give anything in return for raising the debt ceiling, and any GOP plan would have relied on support from a good number of Democrats, since many conservatives will vote against raising the debt ceiling regardless of what’s attached.

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Privacy Rights and Unionized Employees

By Heather Hettiarachchi

Less than a week ago, on February 7, 2014, in Bernard v. Canada (Attorney General), the Supreme Court of Canada ruled that it is not a violation of privacy for unions to collect personal contact information of all employees who pay union dues, even if such employees are not members of the union.

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Major Themes at 340B Coalition Winter Conference Include Contract Pharmacy Oversight, Medicaid Managed Care, and Anticipated 340B “Mega-Reg”

By Alan J. Arville

Last week, the 2014 340B Coalition Winter Conference was held in San Diego, California (the “Winter Conference”), where representatives from the Health Resources and Services Administration (“HRSA”) of the United States Department of Health and Human Services (“HHS”), the Office of Inspector General (“OIG”) of HHS, and industry stakeholders (including Epstein Becker Green) presented on current developments with the 340B drug discount program (the “340B Program”). A brief summary of the 340B Program, including contract pharmacy arrangements, can be found at our previous blog post here. The following are a few noteworthy takeaways from the Winter Conference:

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Shall I compare thee to….a trust?

Novelty is usually a quality to be applauded but not necessarily in the law.  When drafting documents, the temptation is to follow the tried and tested route.  I was reminded of this recently when I was asked to clarify what type of trust had been created by a will containing the phrase ‘To my trustees on trust for my spouse absolutely’.  That magic word ‘trust’ had been used and there was reference to trustees.  Surely a trust had been created? 
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Multistate Tax Update — February 13, 2014

Michigan: Law reforms corporate officer and business purchaser’s liability for unpaid taxes

On Feb. 6, 2014, Michigan Governor Rick Snyder signed legislation (Senate Bill 337), which reforms corporate officer and business purchaser’s liability for unpaid taxes and improves the efficiency of the tax auditing and refund processes.

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Governor Cuomo Revisits Pilot Program for Private Business Corporations to Own and Operate Hospitals in New York

New York is set to revisit the debate regarding the private ownership of hospitals. On January 21, 2014, Governor Andrew Cuomo released his Executive Budget, which again calls for the implementation of a pilot program (“Pilot Program”) to allow certain investor-owned corporations to own and operate hospitals and other designated health care facilities. The Pilot Program is found in the 2014-2015 New York State Executive Budget, Health and Mental Hygiene Bill, Part A, Section 12. Similar to last year’s proposal,[1] the purpose of the Pilot Program is to “assist in restructuring health care delivery systems by allowing for increased capital investment in health care facilities.”[2] This year’s proposal, however, does provide for some significant changes. The governor’s 2014-2015 Executive Budget, which the governor is statutorily required to submit to the legislature under Article VII of the New York State Constitution, is not open for public comment.[3] The Executive Budget serves as a blueprint for what the governor would like the New York State Legislature to consider in its yearly budget legislation. The 2014-2015 Executive Budget may be viewed here.

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Medicare EHR Incentive Program Deadline Extended

CMS announced last week that it has extended the registration and attestation deadline for the Medicare EHR Incentive Programs to March 31, 2014 for eligible professionals.  This month long extension will aid eligible professionals in compiling their meaningful use data from 2013 and filling out the registration process (which can be time consuming). In addition, […]
The post Medicare EHR Incentive Program Deadline Extended appeared first on OMW Health Law.

For more information please visit www.omwhealthlaw.com or click on the headline above.

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Preserving The Attorney-Client Privilege For In-House Counsel

Courts impose on corporate entities the burden of demonstrating that communications and documents shared with in-house counsel are protected by the attorney-client privilege. When companies cannot satisfy this burden, courts have ordered production of emails involving legal counsel, compliance logs and internal audits. As a result of these court orders, companies have been forced to produce, often to their detriment in litigation, confidential attorney-client communications.

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