Articles

10.19.15

Thoughts on Calif. Drought and Its Impact on Energy

California's drought is now in its fourth year, and state leaders are faced with making unprecedented decisions further restricting current water use and changing the way water is used in the future. The actions of regulators and government will determine whether this is just another bad ...


10.09.15

Lessons From Hawaii's Trailblazing ACA 1332 Waiver Proposal

On Sept. 9, Hawaii became the first state to post a draft 1332 waiver proposal for public comment. While Hawaii's waiver proposal is focused on the state's unique 40-year-old employer mandate, the 40-page proposal illuminates the procedural and substantive issues that other states will have to ...


10.07.15

Restrictions on Condominium Conversions

While the condo demand is high, it is especially so for condo conversions, since transforming an existing structure to individual condos is cheaper, quicker and generally less risky than building one from the ground up. A condominium conversion is the process whereby a piece of rental property, ...


10.06.15

Charisma vs. Competence: The D.A. Races in Nassau and Staten Island

There are two very intriguing district attorney races on the ballot this November, in Nassau County and Staten Island, which are not getting the attention they deserve. Both races present voters with the same clear choice: Do they want political potential from candidates they know, or ...


09.28.15

The FCA and Overpayments: 'Kane' Creates New Risks for Healthcare Providers

Healthcare providers that treat Medicare and Medicaid patients regularly face a quandary: What should they do when faced with the possibility that they may have been overpaid by the government for their services? Overpayments could result from innocent coding errors stemming from confusion over ...


09.24.15

Homeopathic Product Advertising: Some Takeaways From FTC's Workshop

On September 21, the Federal Trade Commission held its all-day workshop on homeopathic medicine and advertising. Three panels presented on "Homeopathic Industry and Advertising," "Scientific Support for Homeopathic Advertising Claims" and "Legal/Regulatory Issues Presented ...


09.24.15

Homeopathic Product Advertising: Some Takeaways From FTC's Workshop

On September 21, the Federal Trade Commission held its all-day workshop on homeopathic medicine and advertising. Three panels presented on "Homeopathic Industry and Advertising," "Scientific Support for Homeopathic Advertising Claims" and "Legal/Regulatory Issues Presented ...


09.17.15

Implications of the California Drought on Energy Use and Climate Concerns

California's drought is now in its fourth year, and state leaders are faced with making unprecedented decisions further restricting water use. The brown lawns and dying trees are all too obvious and painful examples of the drought's impact. However, somewhat lost in the public discussion, but ...


09.09.15

GMOs and Chipotle Chatter

A reporter from NPR contacted me for an article she was writing about the consumer class action lawsuit recently filed against Chipotle based on its GMO claims. The suit alleges that the restaurant chain is misleading consumers because some of the soft drinks it sells contain GMO ingredients, and ...


09.07.15

Federal Circuit Rules for Substance Over Form

A decision that has perhaps not yet received the recognition it deserves is the U.S. Court of Appeals for the Federal Circuit's June en banc decision Williamson v. At Home Bondholder.It deals with a fairly arcane bit of patent law—"means plus function" claim drafting. As the terms suggests, it ...