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Employee Health Plans
Employee Health Plans: Good News / Bad News – State Claims Reporting Laws Do Not Apply, but Recovery of Overpayments Made More Difficult
Employee health plans recently received good and bad news from the Supreme Court. On the upside, the Court invalidated a State law that required self-insured employee health plans (and their third-party administrators) to report claims information to State maintained databases... | Click here for details.
data breach - password
Fourth Circuit Holds that a Data Breach Is Covered by a Commercial General Liability Policy
the Court of Appeals for the Fourth Circuit held in The Travelers Indemnity Co. of Am. v. Portal Healthcare Solutions, L.L.C. that Travelers must defend a medical records company, Portal Healthcare, in a putative class action pending in New York state court alleging data breaches. | Learn more about this decision.
Expanded employee discrimination laws
California Enhances Discrimination Laws
The California Fair Employment and Housing Act (FEHA) was recently amended in several significant respects. These amendments include: (a) expanding FEHA’s scope to cover employers with at least five employees, only one of whom must work in California... | Will this affect your organization?
The Panama Papers
The Panama Papers – Declaration of Offshore Accounts by U.S. Persons
The recent leak of the so called "Panama Papers" further highlights the urgent need for U.S. persons to declare offshore bank accounts. It is perfectly legal for a U.S. person (generally, U.S. citizens and green card holders) to have an interest in or signature authority over offshore accounts. | What this means for offshore accounts.
Affordable Housing Restrictions
Ninth Circuit: Affordable Housing Restrictions Do Not Limit Value of Secured Claim in Bankruptcy Cram Down
In In re Sunnyslope Housing Ltd. Partnership, No. 12-17241, 2016 WL 1392318 (9th Cir. Apr. 8, 2016), a divided panel of the Ninth Circuit held that affordable housing restrictive covenants should not affect the valuation of a creditor’s secured interest in the property in a Chapter 11 bankruptcy cram down where the covenants are subordinate to the mortgage | Read more about this decision.
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