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...
WHY BUSINESS SUCCESSION PLANNING SHOULD BE A PRIORITY IN 2025
Succession planning is a vital yet often neglected component of a comprehensive business strategy. Whether it is a start-up or a ten-year-old business, developing a succession plan is a critical step in ensuring the continuity and long-term stability of any business....
CYBERSECURITY IN 2025 – A SHIFTING LANDSCAPE
The biggest cybersecurity risk that businesses faced years ago was losing access to their data due to a ransomware attack where a hacker would lock up a company’s files and only release them back if a ransom was paid. Wisely, many businesses responded to these threats...
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...
