The SEC is considering adopting changes to its definition of "accredited investors" that may reduce the pool of accredited investors. While this reduction in the number of accredited investors would not preclude private companies and investment funds from relying upon...
PLDO Law Blog
Month: January 2015
Historic Announcement: HHS Sets Clear Goals and Timeline for Shifting Medicare Reimbursements from Volume to Value
For the first time in the history of the Medicare program, the Department of Health and Human Services ("HHS") has set explicit goals for increasing alternative payment models and value-based payments. The historic change was announced by HHS Secretary Sylvia M....
Doctors Face Fraud and Negligence Suit in Massachusetts for Administering Contaminated Drugs
The participants in the New England Compounding Center ("NECC") pharmacy fraud matter were indicted recently, but they are not the only ones facing legal battles. Lawsuits alleging death and injury caused by contaminated drugs compounded by NECC were filed against not...
Big Case for Doctors and Hospitals to be Heard by SCOTUS on Tuesday
The United States Supreme Court will hear arguments from the state of Idaho on one side and Medicaid health care providers on the other, about whether those providers can sue the State over low reimbursement rates under the Supremacy Clause of the Constitution. The...
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...
