Monthly Archives: February 2018

ILN Today Post

Happy 9th Blogiversary to Zen & the Art of Legal Networking!

I am absolutely gobsmacked that we’ve made it to nine years of blogging here at Zen. It’s been an adventure! I never imagined when I first began writing in this little corner of the internet how much joy blogging would bring me, but it’s allowed me to connect with people all over the world, and have some brilliant and interesting conversations with some wonderfully smart and thoughtful people.

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Medicare Secondary Payer Compliance: Non-Group Health Plans (NGHPs) (Part IV)

Our next blog installment turns to Non-Group Health Plans (NGHPs). While the reporting requirements for Group Health Plans are largely uniform, the same cannot be said for NGHPs. If professionals are not aware of the requirements and the potential consequences, these distinctions can lead to confusion, or worse, to double damages and a minimum fine of $1000 per day per unreported beneficiary. The most recent NGHP policy guidance covers several forms of liability insurance (including self-insurance), no-fault insurance, and workers compensation in several states of existence and decay, such as NGHPs that are in bankruptcy, those that are acquired by larger entities, those that are in the liquidation process, and those that are general self-insurance pools.[1]  Although we cannot cover every conceivable variation here, we set forth below what NGHPs are and what generally they will be required to report, so that counsel and compliance professionals can identify whether their organization is affected.

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ILN Today Post

Reasonable Care v. Fitness for Purpose

At first glance, one may assume that a case concerning offshore windfarms would be of little interest to developers outside the energy sector.  However, the outcome of the recent MT Højgaard E.ON case has a wider impact when considering design obligations under a building contract.

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Sexual Harassment Allegations Lead to Shareholder Lawsuits – Employment Law This Week

Featured as our top story on Employment Law This Week: Me too At Work – Sexual misconduct in the C-Suite leads to shareholder lawsuits.

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ILN Today Post

Lease guaranty’s demand requirement trips up landlord

All too often commercial parties sign contracts without paying much attention to the “boilerplate” provisions.  And all too often that causes a problem for one of the parties.  Such was the case for an Orlando landlord that didn’t pay enough attention to the demand requirement in a lease guaranty.  The result in Nabbie v. Orlando Outlet Owner, LLC, a new decision from Florida’s Fifth District Court of Appeal, should serve as a “heads up” for Florida commercial landlords.

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HOMS Solicitors Fittest Company Challenge

For the fifth year in a row, Holmes O’Malley Sexton Solicitors are proud to sponsor the HOMS Solicitors Fittest Company Challenge. This is a fun and friendly competition among businesses and organisations as part of the Bon Secours Hospital Great Limerick Run 2018 event on Sunday 6th May 2018. Not only does this competition encourage a healthy lifestyle for employees, it is also a great team building exercise.

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Recent Settlements May Indicate Increased Government Focus On The Stark Law’s “Group Practice” Requirements and Exception For “In-Office Ancillary Services”

Recent settlement agreements between the United States Department of Justice (the “DOJ”) and two urologist business partners suggests that the government may be focusing increased enforcement efforts on the Stark Law’s “group practice” requirements and the Stark exception for “in-office ancillary services.”  The urologists agreed to pay over $1 million to resolve the allegations.

 

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ILN Today Post

Massachusetts’ NIMBY approach to energy is jeopardizing the environment globally

Earlier this month, I wrote a blog regarding Massachusetts’ refusal to fulfill their energy needs from domestic sources, instead of threatening the environment by importing U.S.-sanctioned Russian liquefied natural gas (LNG).

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ILN Today Post

Rail projects: 3 mistakes your team must avoid

The sector holds many demons but disputes over complex contracts and tricky engineering can be dodged with a few sensible steps.

With record levels of investment in the rail sector, parties carrying out track works should learn from previous disputes to avoid the same mistakes being repeated.

Here are three points to consider.

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The Challenges of Cases Involving Lay Litigants and McKenzie Friends

High Court litigation can often tend to be costly, complex and time-consuming; against this backdrop, together with the economic crisis and its ripple effects, there has been a significant increase in the number of lay litigants – that is, parties representing themselves in court – handling their own affairs in court . Last year, there were 641 cases listed on the High Court plenary list involving lay litigants on at least one side. This represented one in 20 of cases on the list. In 2014, there were 420 such cases. One-third of cases before the Court of Appeal involve lay litigants.

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