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  • Client Alert
July 18, 2012

Tax-exempt and certain types of tax-advantaged bonds (such as Build America Bonds or qualified tax creditbonds) may lose their tax-advantaged status if the proceeds of the bonds or the bond-financed facilities are used in thetrade or business of private persons and paid from private sources or secured by private property. In this newsletter wehighlight the basic rules in the context of post-issuance leases of bond-financed property to third parties.

July 10, 2012

The federal False Claims Act (FCA), a Civil War era federal statute intended to penalize the submission of false claims to the United States, has traditionally been employed against participants in the most prominent federal programs, such as health care providers and federal contractors. In recent years, however, federal prosecutors and private whistleblowers utilizing the FCA’s powerful damages and penalty provisions (including treble damages, up to $11,000 per claim and attorneys fees) have recently turned their focus to banks, mortgage companies, educational providers and other lenders.

June 29, 2012

On June 28, 2012, the Supreme Court ruled that the Patient Protection and Affordable Care Act  (“PPACA”) is constitutional.

June 18, 2012
Last week the SEC issued final rules regarding the independence of compensation committee members and their advisors. However, the actual independence standards for committee members (really the key aspect of the rules) are delegated to the stock exchanges to propose within 90 days and finalize within a year. For more information, read this client alert.
June 22, 2012

On June 18, 2012, the United States Supreme Court resolved a split between the Second and Ninth Circuits, finding a pharmaceutical sales representative qualifies as an exempt outside salesperson under the Fair Labor Standards Act (“FLSA”).

June 12, 2012

In April, the Federal Communications Commission (FCC) adopted a Further Notice of Proposed Rulemaking (Further Notice) to kick-start this Administration’s attempt to reform the FCC’s existing Universal Service Fund (USF) contribution rules in implementing the new Connect America Fund (CAF).

June 11, 2012
A recent Eighth Circuit opinion illustrates the high standard that parties—even a physician seeking access to his patients after losing privileges—must meet to establish  entitlement to injunctive relief.
June 5, 2012

Last week, the First Circuit found that the federal Defense of Marriage Act (“DOMA”) is unconstitutional.

June 1, 2012

On May 30, 2012, the Acting General Counsel of the National Labor Relations Board (NLRB) issued an updated report regarding recent social media cases.

May 30, 2012

A recent federal district court decision in West Virginia illustrates the current divergence among the circuit courts as to whether EMTALA preempts state pre‑suit requirements for medical malpractice claims, and describes how EMTALA has been used to avoid those state law requirements. 

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