Monthly Archives: April 2015

Multistate Tax Update — April 23, 2015

In 2010, Joseph Romm, a Senior Fellow at the Center for American Progress, testified before the House Ways and Means Committee and shared his findings about how certain provisions of the U.S. tax code inhibit cost-effective commercialization and deployment of clean, homegrown energy. Dr. Romm is well-respected and experienced in this area; during 1997, he was the acting assistant secretary at the U.S. Department of Energy’s Office of Energy Efficiency and Renewable Energy, and from 1995 to 1998, he was principal deputy assistant secretary.

At the time of his testimony, Dr. Romm noted that the country’s tax policy needed a comprehensive energy strategy. While barriers to clean energy still exist through all levels of government, certain cities and states are deploying their own tax policy in a way that encourages environmentally conscious conduct.

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Members of House Subcommittee Express Support for the 340B Program, but Need for Clarity, Oversight and Transparency

On March 24, 2015, the House of Representatives Energy and Commerce Health Subcommittee[1] (the “Subcommittee”) held a 340B Program hearing with testimony from the Deputy Administrator of Health Resources and Services Administration (“HRSA”), the Director of the Office of Pharmacy Affairs (“OPA”) of HRSA,[2] the Director of Health Care of the Government Accountability Office (“GAO”), and Assistant Inspector General of the Office of Evaluation and Inspection of the U.S. Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”).

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3 Key Points in OSHA’s Final Rule Governing Whistleblower Retaliation Complaints Under Section 806 of the Sarbanes-Oxley Act

On March 5, 2015, the Occupational Health and Safety Administration (“OSHA”) issued its “ Final Rule” establishing the procedures for handling retaliation complaints brought under Section 806 of the Sarbanes-Oxley Act (“SOX”). Section 806, as amended by Dodd-Frank, protects employees of publicly traded companies, as well as employees of contractors, subcontractors, and agents of publicly traded companies, from being retaliated against for reporting fraudulent activity or other violations of SEC rules and regulations. The Final Rule addresses the comments that OSHA received in response to its interim rule, issued in 2011, and sets forth the final procedures for retaliation claims under SOX, including the procedures and timeframes applicable to employee complaints and OSHA investigations. While the Final Rule does not differ substantively from the interim rule, it crystalizes the SOX whistleblower complaint procedures and reflects an increasingly whistleblower-friendly landscape.

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Client Expectations in Today’s Marketplace – A Recap

On the second day of the LMA conference, I kept the client-related momentum going by heading straight into “Client Expectations in Today’s Marketplace” after the GC Panel. Presenting in the session were Laura Meherg and Nat Slavin of Wicker Park Group, and thanks to LMA, I can tell you:

Wicker Park Group consultants interview hundreds of clients each year on behalf of law firms located around the world. The interviewees include business owners, company executives and in-house counsel representing a wide range of industries. Taken together, the interviews offer unique insights into the essential expectations that build strong client relationships regardless of location, industry or client history.”

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ILN Today Post

Bank Enforcement Order Violates the Constitutional Principle of Equality

On 14 April 2015, the Polish Constitutional Tribunal (“Tribunal”) rendered a ruling stating non-compliance of Article 96(1), Article 97 and Article 98 of the Polish Banking Act of 29 August 1997 (Journal of Laws of 2015, item 128, as amended) (“Banking Act”), i.e. the provisions on the Bank Enforcement Order (“BEO”), with the Constitution of the Republic of Poland (“Constitution”), Case File No. P 45/12 (/s/p-4512). According to the Tribunal, the abovementioned provisions violate the principle of equality under Article 32(1) of the Constitution. However, the Tribunal did not immediately repeal the challenged provisions so as not to interfere with banking transactions, and set a deadline (1 August 2016) for the legislator to enact new legislation in this respect. More…

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Management of IP in Commercial Contracts in Australia

iStock_000000461549MediumAll businesses have valuable intellectual property, not just “tech” focused businesses such as software developers or pharmaceutical companies.  However advisers may need to translate for their clients what they mean in practical terms when they use the words “intellectual property”, in order for clients to appreciate its value and take steps to protect it.  For example, instead of talking in terms of trade marks and copyright, a business owner might more readily recognise the value in their trading or product names, logos, manuals, systems, standard operating procedures and process instructions.  Ideally this type of a conversation would be followed with a recommendation that the business conduct an “IP audit”.  This will help a business to identify and prioritise assets for protection.

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Business Succession Planning Series: Preparing Your Business for Sale

Join us for the final session in a three-part series on Business Succession Planning where we will focus on the most significant issues when preparing to sell or transfer your business.

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Two for Tuesdays: Challenges to Content Marketing

It feels good to be getting back into the routine after being away at LMA15! You’ll still be seeing a couple more recap posts from me (two, perhaps three), but today, we’re back to our regularly scheduled Two for Tuesdays, and yes, we’re still looking at content marketing.

As expected, content marketing was the buzz of the LMA too, and it’s not going away any time soon. Lest you start to panic, law firms have been producing content long before it was “cool” to do so – we’ve just now got a name for it. 

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Ready for an OIG Security Audit?

At HIMSS15 in Chicago I had the pleasure of speaking with my colleague, Dave Schoolcraft, regarding the OIG Security Audits. These in depth security audits conducted not by the OCR or CMS, but rather the Office of Inspector General, delve into the security systems of Eligible Hospitals (and potentially Eligible Professionals) participating in the EHR […]

The post Ready for an OIG Security Audit? appeared first on OMW Health Law.

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

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ILN Today Post

IRS Issues Final Regulations for Charitable Hospitals

Congressional scrutiny of tax-exempt hospital organizations arose as the distinction between tax-exempt and for-profit hospitals has been diminished by the federal government’s provision of Medicare and Medicaid to cover services that tax-exempt hospitals previously provided for free. The overhaul of the healthcare system has brought even more Congressional scrutiny, requiring hospital organizations to be very proactive in ensuring they continue to meet the original requirements for tax exemption, as well as new more rigorous requirements.

The Affordable Care Act (“ACA”), enacted March 23, 2010, added new requirements for Section 501(c)(3) organizations that operate one or more hospital facilities (hospital organizations). On a facility by facility basis, each hospital facility is required to meet the following four general requirements: More…

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