All Perspectives

Former House Speaker Dennis Hastert is expected to enter a guilty plea to charges of lying to prosecutors and violating banking laws to cover payoffs allegedly made to make past misconduct disappear, reported the Washington Post on October 15.

The United States District Court for the District of Columbia issued a ruling which could have significant positive implications for those drug manufacturers unhappy with a particular Department of Health and Human Services Health Resources and Services Administration’s interpretive rule.

Several Arent Fox attorneys were honored on October 14 with the Capital Area Immigrant Rights Coalition Detained Children’s Champion Award for outstanding pro bono service to juvenile detainees.

Arent Fox’s Bankruptcy & Financial Restructuring practice was retained as counsel to the Official Committee of Unsecured Creditors in the Chapter 11 case of Forest Park Medical Center at Frisco, LLC.

Arent Fox’s Bankruptcy & Financial Restructuring practice was retained as counsel to the Official Committee of Unsecured Creditors in the Chapter 11 case of Advance Watch Company, Ltd.

The 7th Circuit just denied ERISA rights to medical providers, but this doesn’t have to be the result.

AB 465, the California bill that sought to eliminate arbitration agreements as a condition of employment and in other settings, was vetoed by Governor Jerry Brown. AB 465 will go back to the House for further consideration and will require a two-thirds vote by both houses to overturn the veto.

Arent Fox LLP obtained summary judgment for CallFire, Inc. when a federal district court judge ruled the cloud telephone service provider could not be liable in a class action lawsuit that claimed the company violated the federal Telephone Consumer Protection Act.

Preventing falls is a perpetual task for health care facilities and those who regulate or accredit them. The Joint Commission issued a Sentinel Event Alert addressing fall-prevention and fall-related injuries, providing recommendations to supplement its existing fall-prevention standards.

The decision caused international panic and businesses will be asked questions about their data protection practices. It is important to check where Safe Harbor is built into current agreements and evaluate both business-to-consumer and business-to-business relationships.

On October 8, Bloomberg Politics broke down “How the White House Slices 18,000 Tax Cuts From Trade Deal” following the controversial 12-nation deal reached earlier that week.

On September 21, 2015, the US DOJ and whistleblowers’ counsel announced that Florida-headquartered Adventist Health System (Adventist) had agreed to pay $118.7 million to resolve allegations that it violated the FCA by submitting claims in violation of the Stark law and by miscoding claims.

These action items will not only put you in a better position when a breach arises, but you will have the right answers when a regulator calls.

Over the weekend, negotiators from the US, Canada, Mexico, Japan, and eight Pacific Rim countries agreed to the Trans-Pacific Partnership, the largest regional trade accord in history, accounting for more than 40 percent of the global economy.  

In recognition of his standout career as a leading entertainment attorney, Arent Fox LLP partner Anthony V. Lupo was honored with the prestigious Game Changer Award on September 18 at the New Global Paradigm for Entertainment, Arts and Sports Symposium in Washington, DC.

The Ninth Circuit’s decision is a big win for the NCAA and affirms its amateurism model and remains protected from having to treat college athletes like employees.

The EU’s top court could rule the Safe Harbor framework is ineffective to allow data to flow across the Atlantic and as companies await the Oct. 6 decision, they should consider other options for transfer of data from the EU to the US.

Joyce Branda, the Deputy Assistant Attorney General for the Commercial Litigation Branch of the DOJ, gave the keynote address on September 28, 2015, at the American Health Lawyers Association Fraud and Compliance Forum in Baltimore, providing conference attendees with an update from DOJ.

In a closely watched data collection case, Arent Fox LLP secured a victory for Lacoste when the California Supreme Court declined to clarify whether retailers in the state can ask customers for their personal information.

By any standard, these are anxious times. For days, top negotiators from the Trans-Pacific Partnership (TPP) have been meeting in San Francisco and Washington, DC and taking up most of the cities’ available hotel rooms.

Has Estee Lauder built such significant brand value that a retailer is doomed if it cannot stock Estee Lauder’s products on its shelves? This is the question Duty Free Americas asked a federal appeals court to once again consider after both the district court and the appeals court said “no.”

The US Department of Justice (DOJ) recently announced that Columbus Regional Healthcare System (Columbus Regional) has agreed to pay up to $35 million and enter into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services Office of Inspector General.

The Commerce Department’s Bureau of Industry & Security and the Treasury Department’s Office of Foreign Assets Control released amendments to the Export Administration Regulations and the Cuban Assets Control Regulations to further implement President Obama’s new Cuba policy to ease sanctions.

On September 15, the US Department of Justice announced that it reached a $69.5 million settlement with the North Broward Hospital District to resolve False Claims Act allegations that originated in 2010.