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The change to the definition provides for exceptions to the prohibition of the offer or transfer of certain Medicare beneficiary inducements tied to their choice of provider for covered health care items or services. 

On appeal from a decision in the In re Energy Future Holdings Corp. bankruptcy case, the US Court of Appeals for the Third Circuit recently held that contractual make-whole premium provisions are enforceable where the obligation to repay bond debt is accelerated by a bankruptcy filing.

This decision from the Appellate Division reversed a finding that an indenture trustee did not have the relevant standing to pursue fraudulent transfer claims, among other claims.

In an opinion article recently published in The Huffington Post, Arent Fox Senior Policy Advisor Senator Byron Dorgan comments on the choice President-elect Trump faces in normalizing or rolling back US diplomatic relations with Cuba.

Trump has vowed to renegotiate NAFTA and scrap the Trans-Pacific Partnership and the flagging Transatlantic Trade and Investment Partnership. But there has been virtually no discussion of how a Trump administration would address and enforce anti-dumping and countervailing duty (AD/CVD) orders.

Former Representative (R-PA) and Arent Fox Senior Government Relations Advisor Phil English was quoted in the article “Trump Win Gives China Keys to Asian Economic Integration” in the Financial Times.

On November 9, Arent Fox, Aronson LLC, and Morgan Stanley hosted an executive summit for exempt organizations that featured strategies for making and saving money and tips on top governance issues.

The US Attorney’s Office for the District of New Jersey recently announced an agreement with BioTelemetry Inc. to settle allegations that its recently-acquired subsidiary, MedNet, Inc., violated the Anti-Kickback Statue and False Claims Act by improperly inducing health care providers to use the com

USDA’s Food Safety Inspection Service (FSIS) recently announced that meat and poultry products may use the Nutrition Facts label recently finalized by FDA earlier this year.

The Department of Health and Human Services Office of Inspector General recently published its 2017 Work Plan, which furnishes key guidance to providers and suppliers and others doing business in the health care industry on the agency’s enforcement priorities for the upcoming year.

Last week, FDA issued a final version of Guidance for Industry, Contract Manufacturing Arrangements for Drugs: Quality Agreements.

The standard, which was sponsored by several labor unions, will require covered healthcare providers to develop workplace violence prevention plans, training programs, and recordkeeping procedures to track certain incidents of workplace violence. 

A California federal court ruled in favor of the US Environmental Protection Agency and agricultural trade associations represented by Arent Fox LLP after a group of plaintiffs, including environmental activists, alleged that the federal agency had not done enough to regulate pesticide-coated seeds.

On November 17, FDA announced that it had revised, and finalized in part, Guidance for Industry, Generic Drug User Fee Amendments of 2012: Questions and Answers Related to User Fee Assessments. 

On November 21, 2016, the US Equal Employment Opportunity Commission issued its updated enforcement guidance on national origin discrimination to replace its 2002 compliance manual section on that subject.

A challenge to the environmental review of a planned housing development in San Francisco’s Mission District was unanimously upheld last week, shocking city officials and housing advocates.

In the wake of the legalization of cannabis in the state of California following last week’s election, it is important for businesses to take stock of several legal issues as opportunities within this burgeoning market continue to grow.

Arent Fox partner and Government Relations practice group leader Jon Bouker participated in a discussion with a group of political observers.