Monthly Archives: May 2010

DAVIS MALM ATTORNEY ROBERT J. GALVIN QUOTED IN NOTED CONDOMINIUM RESOURCE HOALEADER.COM

May 10, 2010 – Boston, MA
For more information contact: Jeanie Griggs
(617) 589-3895; jgriggs@davismalm.com
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DAVIS MALM ATTORNEY ROBERT J. GALVIN COMPLETES UPDATES TO MASSACHUSETTS CONDOMINIUM LAW AND CROCKER’S NOTES ON COMMON FORMS

May 10, 2010 – Boston, MA
For more information contact: Jeanie Griggs
(617) 589-3895; jgriggs@davismalm.com

Davis Malm attorney Robert J. Galvin, editor and co-author of Massachusetts Condominium Law, recently completed the 2010 revision of his materials in this leading legal treatise published by Massachusetts Continuing Legal Education, Inc. (MCLE), the continuing legal education arm of the Boston Bar Association and the Massachusetts Bar Association.

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Lidings represents the interests of Turkish Airlines in a consumer dispute

Lidings represents the interests of Turkish Airlines in a consumer dispute

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HEALTH REFORM: CMS Issues Draft Medicare Part D Coverage Gap Discount Program Guidance: Comments Due May 14, 2010

On April 30, 2010, the Centers for Medicare & Medicaid Services (“CMS”) issued a memorandum to all Medicare Part D Plan Sponsors outlining its draft guidance to implement the Medicare Coverage Gap Discount Program, beginning in 2011 (“Draft CGDP Guidance”). CMS will be accepting comments on the Draft CGDP Guidance via e-mail through May 14, 2010.

The Draft CGDP Guidance seeks to implement Section 3301 of the Patient Protection and Affordable Care Act (H.R. 3590) enacted on March 23, 2010, as amended by Section 1101 of the Health Care and Education Reconciliation Act of 2010 (H.R. 4872) enacted on March 30, 2010 (collectively, “PPACA”), otherwise known as the “Health Reform” law. The Part D Coverage Gap Discount Program and the Draft CGDP Guidance affect Part D Plans, drug manufacturers of Part D products, pharmacies, PBMs and all other companies and vendors involved in the chain of arrangements required to support the Part D program. We encourage all companies with Part D business and that contract to provide services to, or for the benefit of, Part D Plans to review the Draft CGDP Guidance and consider submitting comments to CMS by the May 14 deadline.

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Clean Power Call Yields Two Additional Project EPA’s

BC Hydro announced today that it will award electricity purchase agreements to two additional projects under its Clean Power Call.  Here is the press release. Two hydro projects are still under consideration (Box Canyon and Castle Mountain).

These projects are:

Long Lake Joint Venture (a JV between Regional Power Inc. and Summit Power Group) – a 31 MW storage hydro project in Stewart, BC. Here is the Terrace Standard’s story on the project.

Pacific Greengen Power – a 45 MW run-of-river hydro project in Harrison Hot Springs, BC

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Untangling the Maze of Disability Laws

The U.S. Department of Labor recently released an online guide to help employers determine which federal disability laws apply to their businesses or organizations.  Called the elaws Disability Nondiscrimination Advisor, it is a series of online questions to direct the user to the appropriate laws and to provide guidance on how they are implemented.  It […]

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DAVIS MALM ATTORNEY MICHAEL D. WEISMAN APPOINTED VISITING LECTURER AT YALE LAW SCHOOL

May 05, 2010 – Boston, MA
For more information contact: Jeanie Griggs
(617) 589-3895; jgriggs@davismalm.com

Davis Malm attorney Michael D. Weisman has been reappointed a Clinical Visiting Lecturer in Law at Yale Law School. This is the second year Mr. Weisman, a trial lawyer at Davis Malm, will be on the faculty at Yale Law School. A champion of under-served public school children and best known for his seminal case McDuffy v. Secretary that held that the Commonwealth of Massachusetts had a constitutionally-enforceable duty to provide all public school students with a quality education, Mr. Weisman is eminently qualified to co-teach in Yale’s Education Adequacy Project, a unique clinical program in which Yale law students serve as counsel to the plaintiffs in a challenge to the constitutionality of Connecticut’s public school system.

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New Medical Code Impacts Interactions with Pharmaceutical, Medical Device and Other Health Care Entities

On April 21, 2010, the Council of Medical Specialty Societies (“CMSS“), a not-for-profit association of 32 member Societies[i] created to “provide an independent forum for the discussion by medical specialists of issues of national interest and mutual concern,” announced[ii] the release of the CMSS Code for Interactions with Companies(“Code“).[iii] This voluntary Code was developed by the CMSS Task Force on Professionalism and Conflicts of Interest and adopted by CMSS to “reinforce the core principles that help us maintain actual and perceived independence” and “to ensure that a Society’s transactions with Companies will be for the benefit of patients and members and for the improvement of care in our respective specialty fields.”[iv]

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Class-Action Arbitration Cannot Be Compelled Absent Evidence of Consent

On April 27, 2010, a divided U.S. Supreme Court (5-3, with Sotomayor, J., recused) held that the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (“FAA”), does not permit forcing unwilling parties to participate in a class arbitration to which they have not consented. This is a case of potentially great significance to entities whose contractual relationships include arbitration provisions and that generally oppose class-action treatment of cases against them—particularly employers of all kinds, but also health care providers and financial services companies, among others. Stolt-Nielsen S.A., et al. v. AnimalFeeds International Corp., No. 08-1198, 559 U.S. ____ (2010).

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