Health care providers should be aware of a proposed rule recently issued by the Centers for Medicare & Medicaid Services (CMS) that expands the regulations governing physician self-referrals, (the "Stark Law"). The Stark Law prohibits a physician from making...
PLDO Law Blog
Month: August 2015
Private Foundation or Charity? Cracking the “Code” on 501(c)(3) Organizations
If you have been involved in the not-for-profit sector, particularly that subsect of the industry involving federally tax-exempt organizations under 501(c)(3) of the Internal Revenue Code, then you have probably come across well-intentioned colleagues using the words...
Do you have a record retention policy?
Hopefully you read the article Deflate Gate: A Key Lesson for Businesses in our August edition of Business Matters. The article discussed "litigation holds" and the need to preserve information relevant to a lawsuit; as well as the potential penalties for failing to...
Major Setback for Privacy Advocates in Facebook Warrant Case
In a major setback for privacy advocates who seek to preserve the confidentiality of consumer data, the New York Supreme Court recently ruled that Facebook lacks legal standing to challenge search warrants on behalf of its users. The case pits Facebook against the...
REAL ESTATE TITLE DISPUTES: THE PROCESS OF RECORDING “LIS PENDENS” IN RHODE ISLAND AND MASSACHUSETTS
If you or your business ends up in a dispute over real estate, it is likely that you will encounter a lis pendens. Lis pendens is Latin for “suit pending,” and it means just that, it is a statutorily governed legal tool that is often used to give notice on a...
HIGH STAKES: DRAFTING AND INTERPRETING PAYMENT REJECTIONS UNDER MASSACHUSETTS’ PROMPT PAY ACT
Under the Massachusetts Prompt Pay Act, which governs construction contracts, unless an owner meets the Act's "time and substance" requirements for rejecting a payment application from a contractor (ditto for subcontractors' applications to contractors), that...
RHODE ISLAND SUPREME COURT RULES THAT A PROPERTY’S FORECLOSURE WAS VALID DESPITE PLAINTIFF’S CLAIMS THAT MORTGAGE DOCUMENTS WERE “AMBIGUOUS”
BackgroundA recent case arose out of foreclosure proceedings that were instituted by Wells Fargo Bank (“Wells Fargo” or “defendant”) with respect to property located at 18 High Street in Bristol, Rhode Island. The property’s owner (“plaintiff”) secured the mortgage by...
FDA CONSIDERS RESCHEDULING MARIJUANA: A MILESTONE IN DRUG POLICY REFORM
The landscape of drug policy in the United States is poised for a significant shift as the Food and Drug Administration (FDA) undertakes a reassessment of marijuana’s drug scheduling classification. The FDA is conducting a comprehensive review of marijuana’s current...
ARE NON-COMPETITION AGREEMENTS ENFORCEABLE IN RHODE ISLAND?
COURTS RULE IN FAVOR OF THE EMPLOYER’S AGREEMENT IN RECENT CASE The Rhode Island Supreme Court recently addressed the enforceability of a non-competition provision. In Walls v. Griggs & Browne Pest Control, Inc., the Court reviewed an agreement between Brian Walls...
