Monthly Archives: March 2014


On March 28, Davis Malm will sponsor the Boston Modern Orchestra Project’s Boston ConNECtion at Jordan Hall. This orchestral series showcases resident Bostonians and traveling friends in a concert that highlights inventive and fresh orchestral works. The March program will feature Binna Kim, winner of the annual BMOP/NEC Composition Competition and her Accumulated Traces; Donald Crockett’s Blue Earth; Steven Stucky’s Concerto for Orchestra; and Lei Liang’s U.S. premiere of his Xiaoxiang, Concerto for Saxophone and Orchestra.

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Healthcare Alert: Under fire: Physicians’ compensation arrangements

The federal government continues to ramp up its prosecutions of healthcare providers for False Claims Act (FCA), Stark Law and anti-kickback violations. Two recent cases announced by the Department of Justice (DOJ) include settlements with Florida’s Halifax Hospital Medical Center and Ohio’s Memorial Hospital. The two cases yielded a combined $93.5 million to the government stemming from charges of improper payments made to 11 physicians.

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Healthcare Alert: What can Ohio healthcare providers charge for medical record copies?

Ohio law establishes the maximum fees that may be charged by a healthcare provider or medical records company for copies of a patient’s medical record. It also provides for certain limited situations in which copies of records must be provided without charge, for example, where the records are necessary to support a claim by the patient for Social Security disability benefits.

The charge depends on whether the request comes from the patient or from the patient’s personal representative, or from someone other than the patient or the patient’s personal representative. A patient’s “personal representative” means a minor patient’s parent or other person acting in loco-parentis, a court appointed guardian, a person holding a durable healthcare power of attorney, the executor of the patient’s estate, or the person otherwise responsible for the patient’s estate if it is not to be probated. The spouse of the patient, an adult child of the patient or the attorney for the patient is not, by that fact alone, deemed to be the patient’s personal representative for purposes of the charges listed below.

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Recent FDA Social Media Marketing Enforcement Actions and the Likely Impact of Social Media Promotion Guidance

In recent years, guidance by the U.S. Food and Drug Administration (“FDA” or “Agency”) for industry on the use of social media has continued to evolve in incremental steps, but the pharmaceutical and medical device industries continue to await more comprehensive guidance regarding the use of social media for drug, biologic, and medical device product communications. Beginning with the “sponsored link” warning letters to 14 pharmaceutical manufacturers in April 2009 and through the most recent untitled letter involving social media promotion sent to Swiss drug manufacturer Institut Biochimique SA (“IBSA”) in February 2014, much of FDA’s guidance on the use of social media for product communications has come in the form of untitled and warning letters to manufacturers. These letters demonstrate, in particular, that FDA has been independently scrutinizing social media outlets, including Facebook,[1] Twitter,[2] and YouTube,[3] and offer a window into FDA’s nascent social media policies.

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Save the Date: April 2 at the Japan Society

There is an important and interesting lecture and reception at the Japan Society in New York, New York, with former Japanese Minister for Foreign Affairs Yoriko Kawaguchi and Ruth Porat, Executive Vice President and Chief Financial Officer at Morgan Stanley, from 6 pm to 8:30 pm on Wednesday, April 2, 2014, titled “Tapping Potential: Encouraging Women’s Empowerment in the U.S. and Japan.” For more information on the program and registration, refer to the Japan Society website. Hope to see you there!

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ILN Today Post

Lefèvre Pelletier & associés (LPA) advises CBRE Global Investors in connection with a mortgage refinancing

The retail fund CBRE Global Investors has completed mortgage refinancing of an asset portfolio composed of 12 shopping centers in France.

The real estate refinancing was structured and arranged by Allianz Real Estate, AXA, ING Bank and Natixis for a total amount of EUR 406.5 million. More…

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Drafting Customer Nonsolicitation Provisions in New York

Our colleague Lauri Rasnick, a Member of the Firm at Epstein Becker Green, wrote a Law360 article titled “Drafting Customer Nonsolicitation Provisions in NY.” (Read the full version – subscription required.)

Following is an excerpt:

A recent New York Appellate Division First Department decision, TBA Global LLC v. Proscenium Events LLC, et al., Index Nos. 10948, 651171/12, (1st Dept Feb. 5, 2014), may not answer all questions about drafting enforceable nonsolicitation provisions, but it does shed some light on the current state of New York law.

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Two for Tuesdays: Be Kind to One Another

Something you may not know about me is that I’m a big fan of the Ellen DeGeneres Show. Every day, Ellen reminds us to laugh, to dance, to do something for others, and most importantly, to “be kind to one another.”

In the course of business, we can sometimes forget that it’s possible to be successful AND nice.  I’m not suggesting being a pushover or not being a fierce advocate for your clients (as the famous line goes, “Don’t mistake my kindness for weakness”), but I am suggesting that it’s possible to be excellent at your job without tearing someone else down. That extends to marketing as well. 

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Protect Your Start-Up from the Start

By Dustin E. Stark

Do start-up tech companies need an HR professional or employment counsel from the start?  A recent highly publicized incident involving a former GitHub Inc. employee suggests the answer is yes.

Earlier this month, a GitHub employee quit her job and immediately took to Twitter, tweeting multiple complaints accusing the company of illegal gender-based discrimination.  News outlets picked up on these tweets, and the story spread quickly.  The former employee also gave an interview with TechCrunch, the information technology website, further outlining her complaints of gender discrimination.  In response to the rapidly developing public scrutiny, GitHub was forced to place one of its co-founders on leave while it investigates the allegations.

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Supreme Court Rejects Prime Minister’s Appointment

In a rebuke to Canada’s Prime Minister, the Supreme Court of Canada ruled that his attempt to appoint a judge from the Federal Court of Appeal to the country’s highest court was unconstitutional.  
On September 30, 2013, Stephen Harper, the Prime Minister of Canada, announced the nomination of Justice Marc Nadon, a supernumerary judge of the Federal Court of Appeal to the Supreme Court of Canada.  On October 3, 2013, Justice Nadon was named as a judge of the Supreme Court of Canada by Order in Council.  He replaced Justice Morris Fish as one of the three judges appointed from Quebec pursuant to section 6 of the Supreme Court Act (“Act“).   He was sworn in as a member of the court on the morning of October 7, 2013. 
On the same day, Justice Nadon’s appointment to the SCC was challenged by Rocco Galati, a Toronto lawyer.  Mr. Galati brought an application before the Federal Court of Canada arguing that the Act does not permit Federal Court judges to be appointed to the SCC.  As a result of Mr. Galati’s legal challenge, Justice Nadon decided not to participate in any cases that were before the SCC. 
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