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  • Client Alert
March 15, 2013

In January 2013 the portions of the Dodd-Frank Wall Street Reform and Consumer Protection Act (DFA) regulating swaps began to be phased in, including provisions regulating swaps entered into by state and local governments. Swap dealers have begun contacting their governmental and other swap counterparties requesting that they execute various documents in response to DFA. The following is a brief summary of the DFA provisions which directly affect state and local governments’ swaps, including new swaps, existing swaps or even, in some cases, terminated swaps.

March 8, 2013

California Governor Jerry Brown has signed into law a measure seeking to curb rampant, frivolous ADA access lawsuits in the state and expand access to businesses for those with disabilities. This client alert details highlights of the new law, which will be effective September 20, 2013.

March 5, 2013

The Affordable Care Act (ACA), enacted in 2010, mandates that Medicare/Medicaid-certified nursing facilities and skilled nursing facilities have an effective compliance plan in place by March 23, 2013. ACA states that “[by March 23, 2013], a facility shall … have in operation a compliance and ethics program that is effective in preventing and detecting criminal, civil, and administrative violations … and in promoting quality of care.” Nursing facilities are the first health care providers required to enact a mandatory compliance plan. For more information, read the client alert in its entirety.

February 25, 2013

On February 5, 2013, the Department of Labor released its final rule implementing amendments to the Family and Medical Leave Act (FMLA) as a result of the National Defense Authorization Act for Fiscal Year 2010 and the Airline Flight Crew Technical Corrections Act. The effective date of the amendments is March 8, 2013. The changes to the FMLA are discussed below.

February 20, 2013
February 18, 2013
February 4, 2013

On January 31, 2013, the U.S. Department of the Treasury’s Community Development Financial Institutions Fund (CDFI Fund) released the interim rule for the CDFI Bond Guarantee Program. Under this new program, eligible Community Development Financial Institutions (CDFIs) or their designees will issue bonds that are guaranteed by the Federal government and use the bond proceeds to extend credit to the broader CDFI industry for community development purposes and for long term community investments.

February 1, 2013

A group health plan that provides prescription drug coverage to Medicare eligible individuals must make two annual disclosures. This Client Alert concerns the first annual disclosure that goes to the Centers for Medicare & Medicaid Services (“CMS”) and is due 60 days after the beginning of the plan year. For calendar year plans, plan sponsors must complete and submit the annual CMS disclosure by March 1, 2013.

January 30, 2013
January 24, 2013

The SEC has approved NYSE and Nasdaq rules regarding compensation committee and compensation adviser independence which will be applicable to all listed companies other than controlled companies. The new rules were approved substantially as proposed.

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