Rule 26 of the Federal Rules of Civil Procedure provides that parties "may obtain discovery regarding any non-privileged matter that is relevant to any party's claim or defense [...]," but may not obtain discovery of electronically stored information from sources that...
PLDO Law Blog
Adam Greshowak
Proposed Changes to the Physician Self-Referral Law
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...
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...
Sale of MA Cannabis Cultivator-Dispensary to National Firm is Worth Watching as Industry Consolidation Ensues
Cannabis industry watchers can expect that the tale of New England Treatment Access (NETA) - one of Massachusetts’ first registered marijuana dispensaries and a predominant player in the Commonwealth’s burgeoning recreational marketplace – leading to its sale to a...
RI Governor Announces Recreational Marijuana Legislation Forthcoming
Feeling the pressure from other New England states that have already implemented recreational marijuana programs or have signaled they will do so shortly, Rhode Island Governor Gina Raimondo announced that her administration will be introducing legislation this...
Responsibility for Corporate Misbehavior Shifts Under Trump Administration
This past September at the 5th Annual Global Investigations Review Conference (“GIR”), Deputy Assistant Attorney General Matthew S. Miner discussed recent changes in the Department of Justice (“DOJ”) policy regarding the prosecution of business organizations. The new...
Strategies for Gifting Interest in a Closely Held Business to Charity
Gifting interests in a closely held business can result in a significant planning opportunity for the right donor as well as a substantial benefit to a favorite charity. Consider the following three planning strategies for charitable gifts utilizing private and...
Heads I win, Tails You Lose! Reduced taxes payable by banks may increase interest costs payable by not-for-profits
The tax reform enacted by Congress last year in the Tax Cuts and Jobs Act provided a nice tax break for businesses. Among other companies, banks have benefited greatly from this windfall, and in addition to rising stock prices, many have announced raises for their...