The trend in health care is increased governmental regulation making it imperative for health care providers and insurers to understand patient rights. The Patient Self Determination Act of 1990 significantly advanced patient rights, while the Affordable Care Act...
PLDO Law Blog
Month: June 2014
As the Pendulum Swings: The Bribery Backlash to the Honest Services Doctrine
'T was not so long ago that we saw an insurance company lobbyist in Massachusetts find himself convicted of Wire and Mail Fraud as a result of his company picking up the tab for golf and entertainment junkets to Puerto Rico by the Chairman of Massachusetts House...
Health Care is Not a Simple Matter
Health care and health insurance are evolving and becoming increasingly more fragmented because of the enactment of the Patient Protection and Affordable Care Act (ACA). Prior to the ACA, a majority of U.S. citizens maintained primary health insurance...
Automatic Revocation of Tax-Exempt Status: A New Streamlined Process for Retroactive Reinstatement
Federal law mandates that most tax-exempt organizations file annual returns with the Internal Revenue Service (IRS). Following the enactment of the Pension Protection Act of 2006, and commencing in the 2007 tax year, tax-exempt organizations which fail to file...
EXECUTING A CAREFULLY DRAFTED CONFIDENTIALITY AGREEMENT IN AN M&A TRANSACTION
The execution of a confidentiality agreement - or what is also referred to as non-disclosure agreement (NDA) - is typically the first official stage of any merger or acquisition. Prior to this stage, a general discussion may have already occurred, and relevant...
THE IMPORTANCE OF CONDITIONS PRECEDENT IN LICENSING, PERMITTING AND PURCHASE AGREEMENTS
A condition precedent is a condition in a contract that must occur before another party is required to perform. In purchase and sale agreements, there are often several conditions precedent that must be satisfied before a party is required to close. Particularly, in...
REMOTE WORKERS IN RHODE ISLAND: STATE REGS MAY CREATE PERSONAL JURISDICTION IN RHODE ISLAND COURTS
The United States District Court for the District of Rhode Island recently held that it had personal jurisdiction over an out-of-state employer, despite the fact that the employer only had one remote employee who worked in Rhode Island. That employee—who was also the...
THE BENEFIT OF PASS-THROUGH ENTITIES
Why do pass-through entities such as LLCs taxed as partnerships remain the entity of choice for most closely held businesses? The primary benefit of operating a business through a pass-through entity, such as an LLC taxed as a partnership, is that the income generated...
APPLE’S CONCERNING NEW TEXT MESSAGE FEATURE
Apple recently released iOS16 for the iPhone. This newest release allows iPhone users running iOS16 to edit and unsend text messages sent between other iOS16 users. While this may be welcome news for those of us who make embarrassing typos or otherwise hit the send...
