Articles

04.01.14

Minimizing Landowner Liability When Buying Contaminated Property

On December 30, 2013, the US Environmental Protection Agency adopted ASTM E1527-13 as the new Phase I environmental assessment standard, clarifying the requirements for performing all appropriate inquiries. This is the first of several requirements for buyers of potentially contaminated property to ...


03.27.14

Emerging State Regulations Clear the Way for Virtual Currency

A road map for regulation of virtual currency is beginning to emerge as more states appear willing to issue licenses for entities offering exchange and other services.While immediate action at the federal level is still unclear, several states are expected to be acting on new regulations soon. Most ...


03.24.14

Can Use of Administrative Procedures Expedite Complex State Court Civil Litigation?

A partner of ours is fond of saying, "Litigation is the blood sport of the wealthy." As California state trial courts are increasingly absorbed with criminal matters, complex civil litigation is increasingly delayed, due, in part, to the length of time complex trials consume as well as ...


03.20.14

5 Medicaid Trends to Watch in 2014

Medicaid is a growing economic powerhouse, anchoring the new coverage paradigm under the Patient Protection and Affordable Care Act (PPACA) and wielding increasing influence within the healthcare sector and beyond. Already the largest source of federal funding flowing to states and a major revenue ...


03.14.14

First Machinima, Now Maker: Why Studios Suddenly Got Hot for MCNs

All eyes are on the Los Angeles-based corner of the online video world known as multichannel networks (MCNs) right now as result of two major developments just this past week: reports of Disney in preliminary talks to acquire Maker Studios for $500 million or more, and the $18 million Warner Bros. ...


03.14.14

Credit Card Fees are Constitutional. But Will They Stay That Way?

Credit card penalties—like over-limit and late fees—are constitutional and do not violate consumers' due process rights, the Ninth Circuit U.S. Court of Appeals recently ruled.Although the court ruled in favor of the bank defendants, two concurring opinions from the judges' ...


03.11.14

CFPB's HMDA Data Changes Could Increase Litigation

Seeking to "gain greater insight into issues about access to credit," the Consumer Financial Protection Bureau (CFPB) announced the launch of a rulemaking process to change reporting requirements under the Home Mortgage Disclosure Act (HMDA). The new reporting requirements could have ...


03.06.14

Medicare Part D Proposed Rule: Where Did Things Go Wrong?

It's worth sitting up and taking notice when everyone seems to hate what you are doing. Last week, 20 of the 24 members of the sometimes fractious Senate Finance Committee wrote Centers for Medicare and Medicaid Services Administrator Marilyn Tavenner about a Medicare Part D proposed rule CMS ...


03.05.14

A Victory for Easement Holders

Easements are not a fast evolving area of the law-common law has had the basics down for a few hundred years or so. Yet one should never underestimate the ingenuity of neighbors to craft new disputes-and make new law.


03.01.14

Hallmarks of the Accountability Model

The widespread shift in healthcare from fee-for-service payment models to accountability-based payment models has led to increasing use of value-based contracting structures, such as shared savings, global budgets, or bonuses and withholds. Contracts implementing these accountability-based payment ...