Legal Updates

Challenging Transactions on Corporate Grounds

On the June, 26th 2018 the Plenum of the Supreme Court of the Russian Federation adopted the Resolution No. 27 “On challenging of the major and interested party transactions” (hereinafter – The Resolution). The Resolution provides the unified practice applying of the legislation of the business entities. The Resolution touches on the issues regarding dispute resolutions arising from the major and interested party transactions (Sections XI and XI of the Federal Law No. 208-FZ “On Joint stock companies” dated 26.12.1995 and Articles 45 and 46 of the Federal Law No. № 14-FZ “On Limited Liability Companies” dated 08.02.1998).

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Talking Tax – Issue 143

Double the value – employee share schemes

The Federal Government has announced plans to double the employee share schemes (ESS) value limit for eligible financial products, from $5,000 to $10,000 per employee within a 12 month period. By doubling this cap, the Government intends to help employers attract, retain and motivate employees and grow their businesses.

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New York’s High Court Strikes Down Governor Cuomo’s “Soft Cap” on Executive Compensation for Health Care Providers Receiving State Funds, Yet Upholds Limitations

Last month, the New York State Court of Appeals invalidated a state Department of Health (DOH) regulation that restricted certain health care providers contracting with the state from paying executives more than $199,000 annually, regardless of whether the funds came from the state or not. However, the Court upheld two other DOH regulations; one that limits providers from using public tax-payer money directly to pay executives in excess of $199,000 annually, and another that limits the amount of public funds used for administrative costs.

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Cryptocurrency and tax – the ATO’s expectations in relation to record keeping

For many who are investing or trading in cryptocurrencies, one of the biggest headaches is recording and accounting for all of your transactions.

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Sales and Marketing Compliance: New Federal Anti-Kickback Law May Alter How Clinical Laboratories Compensate Sales Personnel

Clinical laboratories need to review how they compensate sales personnel following the passage of the Eliminating Kickbacks in Recovery Act of 2018 (“EKRA”) (Section 8122 of the SUPPORT Act) which is effective as of October 24, 2018.  The SUPPORT Act is a combination of more than 70 bills aimed at fighting the opioid epidemic, with EKRA intended to address patient brokering in exchange for kickbacks of individuals with substance abuse disorders.  However, as written, EKRA is far more expansive.

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FDA Loosens the Reins on Informed Consent Requirements for Certain Clinical Studies

Following up on its July 2017 guidance on the same topic (discussed in a previous blog post), FDA issued a proposed rule on November 15, 2018 to amend Agency regulations to allow Institutional Review Boards (“IRBs”) to waive or alter certain informed consent elements (or in some cases, waive the informed consent requirement altogether) for FDA-regulated, minimal risk clinical investigations (“Proposed Rule”).

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Hospitals Need to Be Aware of CMS Changes to PAMA

The Centers for Medicare & Medicaid Services (CMS) issued a final rule on November 1, 2018 that updates physician fee schedule (PFS) payments for calendar year (CY) 2019 and finalizes several policies. The final rule includes amendments to the regulations promulgated under Section 216 of the Protecting Access to Medicare Act of 2014 (“PAMA”) intended to increase the number of clinical laboratories that qualify as an “applicable laboratory” for reporting purposes; specifically (1) removal of payments received from Medicare Advantage (MA) Plans for determining applicable laboratory status and (2) the use of the Form CMS-1450 14x Type of Bill (TOB) to define an applicable laboratory.

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Dental Practice and Related Management Company Settle Medicaid Fraud Claims, Become the First Entities on the OIG’s New “High Risk – Heightened Scrutiny” List

A dental practice and related dental management company have become the first two entities to make their way on to the newly created “High Risk – Heightened Scrutiny” list from the Office of Inspector General for the United States Department of Health and Human Services (the “OIG”).[1]

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The Pursuit of “Truth” in Advertising: Social Media

It was another successful year in Chicago at the 40th Annual Association of National Advertisers/Brand Activation Association Marketing Law Conference. During Friday’s general session, I gave a presentation titled “The Pursuit of ‘Truth’ in Advertising,” taking a look at how consumers view the truth in this era of fake news and alternative facts, and how this changing understanding of the truth has affected the advertising ecosystem and the practice of advertising law. In the next series of posts, I will share some highlights from my presentation. Let’s dive into the first one…

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AFCA membership: Notify ASIC by 30 November or face late fees

As of 1 November 2018, the Australian Financial Complaints Authority (AFCA) opened for business as the new national financial services dispute resolution scheme.

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