Articles

09.04.18

Did You Notice That This Fact Was Not in the Record on Appeal?

"Did you notice that this fact was not in the record on appeal? Lawyering requires two key ingredients, facts and law. And the world of litigation starkly delineates the realms where each predominates. The shorthand phrasing of this general rule is that trials focus on the facts whereas ...


09.01.18

The Endangered Species Act: The High Court, the Services, and Congress All in Play!

All three branches of the federal government—judicial, executive, and legislative—are actively considering major aspects of the federal Endangered Species Act (ESA or Act). Some decisions and resulting changes are certain; others are probably, based on history, unlikely to be enacted. ...


08.29.18

Interest? You Think We Owe You Interest?

"Some teachers in Washington thought the state's Retirement Systems Department was short-changing them. Or, as the U.S. Circuit Court of Appeals, Ninth Circuit put it, the teachers charged that interest had been 'skimmed' from their accounts and given to others. See Fowler v. ...


08.28.18

Cloudy With a Chance of Price Gouging

On July 28, 2018, California Gov. Jerry Brown declared a state of emergency in Lake, Mariposa, Mendocino and Napa counties due to the devastating effects of fires in the area. In response, California Attorney General Xavier Becerra issued an alert reminding all Californians that price gouging ...


08.15.18

Insight: Strategies for Compliance Oversight and Program Integrity in Medicaid Managed Care

Program integrity and compliance activities are meant to ensure that federal and state taxpayer dollars are spent appropriately on delivering quality, necessary care and preventing fraud, waste and abuse in federal healthcare programs.


08.07.18

Poco Loco Rules

"In last year's hit movie 'Coco,' a young guitar-hero journeys to the land of the dead where he finds things (and performs a ditty titled) un poco loco (a little crazy). While not quite a trip to Hades, litigators sometimes find themselves handling appeals in unfamiliar courts, and ...


07.25.18

Takings Talk

"One of the problems with the U.S. Supreme Court's ability to maintain control over constitutional law as it is practiced nationwide is that there is only one Supreme Court and myriad lower courts. While all of the latter are sworn to follow the lead of the former, at least as relates to ...


07.11.18

Proposed Legislation, Testimony, and Proposed Rulemaking on Robocalls

Robocalls are a hot topic in Washington, D.C., with new legislation proposed, testimony from the Federal Trade Commission (FTC) about its efforts to combat the problem and a Second Further Notice of Proposed Rulemaking from the Federal Communications Commission (FCC) having all been released in the ...


07.09.18

Top Fintech Trends to Watch in 2018

For the past several years, we have been predicting an increase in partnerships between banks and fintech companies. We anticipate this trend will continue, and we expect to see joint ventures and acquisitions accelerate in the second half of 2018.Check out our infographic below to find out more ...


07.01.18

Telehealth: A New Frontier for Compliance Officers

As telehealth services become increasingly popular, healthcare providers and health insurers need to keep a careful eye on the unique compliance issues raised by the delivery of these services.