LexisNexis® Legal Newsroom
DLA Piper Energy Alert: Long-Awaited Regulations for Fracking on Federal Land: What They Mean for Business

By: Robert J. Alessi and Jeffrey D. Kuhn This client alert is part of an ongoing series by DLA Piper attorneys on the legal, regulatory and policy issues related to hydraulic fracturing and shale gas production in the US.S. and internationally. On March 20, 2015, the US Department of the Interior’s...

DLA Piper Health Systems Alert: MACRA: 3 Compliance Implications For Medicare Providers

By: Karen Nelson Much has been written about the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) and its repeal of the Sustainable Growth Rate formula for physician compensation and the potential gainsharing safe harbor. But the Act also includes certain Medicare program integrity provisions...

DLA Piper: EPA Report Finds No Evidence Fracking Causes Widespread Impacts On Drinking Water

By: Robert J. Alessi and Jeffrey D. Kuhn | This client alert is part of an ongoing series by DLA Piper attorneys on the legal, regulatory and policy issues related to hydraulic fracturing and shale gas production in the US and internationally. The US Environmental Protection Agency has issued a...

DLA Piper: FCC Approves Order On 21 Pending Petitions Seeking Clarification Of The TCPA: Key Points

By Lesli C. Esposito and John D. Huh In a vote of three to two, with voting falling along political party lines, the Federal Communications Commission approved an order addressing 21 pending petitions seeking clarifications of various aspects of the Telephone Consumer Protection Act (TCPA or Do-Not...

DLA Piper: Federal Court Blocks Rule Restricting Telemedicine Practice In Texas

By Nathan Fish and Frank E. Sheeder A federal court has temporarily enjoined the Texas Medical Board (TMB) from implementing and enforcing a rule restricting the practice of telemedicine pending resolution of an antitrust lawsuit filed by Teladoc, Inc. The temporary injunction represents a small victory...

DLA Piper Energy Bulletin

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. • Railroad industry leader sees jump ahead in volume of crude-by-rail. Are oil companies fully prepared for the potential liability...

DLA Piper: Supreme Court Upholds ACA Subsidies

By Anne Pachciarek and Rita M. Patel | On June 25, the US Supreme Court issued a 6-3 opinion in King v. Burwell upholding the Affordable Care Act’s subsidy scheme [ enhanced opinion available to lexis.com subscribers ] [lexis.com subscribers may access Supreme Court briefs for this case ...

DLA Piper: 11th Circuit Opinion On Ascertainability Will Likely Make It Tougher To Certify Class Of Purchasers Of Small-Dollar Consumer Products

By E. Colin Thompson | A panel of the Eleventh Circuit Court of Appeals, in an unpublished opinion, has issued a much-anticipated decision regarding the implicit ascertainability requirement for class certification. The court held that a plaintiff cannot establish that a class is ascertainable...

DLA Piper Health Systems Alert: U.S. Health Care Payment-Driven Transformation Ahead

By David Gruber, MD, MBA* | Healthcare spending is forecast to increase from US$3 trillion in 2014 to US$5.2 trillion in 2023, reflecting a compound annual growth rate of 5.9 percent. US healthcare expenditures on a per capita basis are 1.9-2.6 times the amount spent by other developed nations despite...

DLA Piper Health Systems Alert: Payment-Driven Transformation Ahead For U.S. Healthcare

By David Gruber, MD, MBA* Healthcare spending is forecast to increase from US$3 trillion in 2014 to US$5.2 trillion in 2023, reflecting a compound annual growth rate of 5.9 percent. US healthcare expenditures on a per capita basis are 1.9-2.6 times the amount spent by other developed nations despite...

DLA Piper LLP: Russia’s Data Localization Requirement Will Take Effect Sept. 1

By Michael Malloy and Pavel Arievich Russia’s much publicized changes to its data protection rules come into force as of September 1, 2015. These changes are broadly, and vaguely, written and apply to almost anyone handling the personal data of Russian citizens, whether one is located in...

DLA Piper Asia-Pacific Energy Sector Update: Financing Renewable Energy Projects

Despite scepticism around climate change in certain countries in the region, we continue to see growing investment in renewable energy and carbon reduction technologies across the Asia Pacific. Our current mandates include renewable energy projects across the renewable spectrum - solar, wind, biofuels...

DLA Piper: 7th Circuit: Victims Of Data Breaches Have Article III Standing To Litigate Class Action Lawsuits

By Amanda Fitzsimmons, Jim Halpert and Chelsea N. Mutual To date, an overwhelming majority of courts have dismissed data breach consumer class actions at the outset due to a lack of cognizable injury-in-fact, an essential element for standing under Article III of the U.S. Constitution. In Remijas...

DLA Piper: 9th Circuit Joins Majority Of Circuits To Lower Barrier For Whistleblowers In False Claims Act Lawsuits

By Todd C. Toral and Greg Young The U.S. Court of Appeals for the Ninth Circuit, in a case likely heralding an increase in the number of qui tam False Claims Act lawsuits, has abrogated prior precedent and lowered the jurisdictional bar for whistleblowers in FCA cases. Repudiating 23 years of precedent...

DLA Piper LLP Health Systems Alert: CON Laws, COPAs And The FTC: 7 Antitrust Points For The Health Care Sector

By Lesli C. Esposito and Steven Levitsky The Federal Trade Commission is on a roll in its attack on what it considers anti-competitive effects in the healthcare industry. And that roll has consistently involved challenging activity that once appeared to be protected by state laws. Now, the FTC...

DLA Piper LLP Energy Bulletin

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. • President Obama reveals Clean Power Plan. Calling it the “single most important step that America has ever made in the fight...

DLA Piper LLP: 7th Circuit Rejects 3rd Circuit's ‘Heightened’ Ascertainability Analysis

By E. Colin Thompson Critics of the controversial ascertainability requirement for class certification that the Third Circuit has been applying since 2012 are rejoicing after a recent Seventh Circuit Court of Appeals decision that flatly rejects the Third Circuit's approach. The Seventh Circuit...

DLA Piper LLP: Wire Transfer Phishing – An Old Scam Returns: Simple Steps To Protect Your Organization

By Tara McGraw Swaminatha and Christopher Scott Companies around the world are seeing the resurgence of an old scam: wire transfer phishing attacks that trick employees into wiring money from company bank accounts to criminals’ bank accounts. Over the past several months, many companies have...

DLA Piper LLP: Appeals Court Clarifies Attorney-Client, Work Product Privileges In Internal Investigation Context

By Jonathan W. Haray , Jeffrey D. Rotenberg and Lindsay R. Barnes In its latest review of the attorney-client and work product privileges in In re: Kellogg Brown & Root, Inc. (“ In re KBR ”), the US Court of Appeals for the DC Circuit again rejected the district court’s restrictive...

DLA Piper LLP: Federal Court Sides With Government In First Interpretation Of ACA’s 60-day False Claims Act Rule

By Adam J. Rogers , Bradley M. Smyer and Karen Nelson | In a significant development for healthcare providers, a federal court in New York has adopted the government’s interpretation of the 2010 Patient Protection and Affordable Care Act’s (ACA’s) so-called 60-day rule, which governs...

DLA Piper: U.S. v Bayer: Randomized Clinical Trials Not Required For Dietary Supplement Structure Function Claims

By Maggie Craig and Stefanie Jill Fogel | In a much anticipated opinion for the dietary supplement industry and for products making health benefit statements, the District of New Jersey in US v. Bayer has found in favor of Bayer in holding that the government failed to establish Bayer was in contempt...

DLA Piper Energy Report: U.S. Supreme Court Hears Arguments On FERC Rule

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. • Supreme Court hears “demand-response” arguments on FERC rule. On October 14, the US Supreme Court heard oral arguments...

DLA Piper LLP: Plan now to use off-band communications during an incident response: key points

By Tara McGraw Swaminatha Your company is in crisis mode in the throes of a security incident response (IR). But you are calmly executing your well-honed IR plan − a plan you developed and tested during mock exercises over the past year. You are confident in your team’s ability to triage...

DLA Piper LLP: Does an offer of complete relief moot a putative class action? U.S. Supreme Court hears oral argument in Campbell-Ewald Co. v. Gomez

By E. Colin Thompson The United States Supreme Court has heard oral arguments in the much-watched Campbell-Ewald Co. v. Gomez , No. 14-857, case [lexis.com subscribers may access Supreme Court briefs for this case | Lexis Advance] . . The two questions presented in Gomez that are of importance to...

DLA Piper Health Care Alert: DOJ Pursues Individual Liability For Corporate Misconduct – Yates Memo Signals Policy Shift

By Frank E. Sheeder The US Department of Justice has made it a priority to hold individuals accountable for organizational misdeeds – both civil and criminal. Through the recent Yates Memo, the DOJ is sending a message of deterrence to corporate leaders and their governing bodies. The Memo details...