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Health Care Reform
After months of proposals, bills, votes, more bills, and reconciliation bills, the President signed into law the Patient Protection and Affordable Care Act (“PPACA”) on March 23, 2010, followed on March 30, 2010 by his signing into law the Health Care and Education Tax Credit Reconciliation Act, also known as “the Reconciliation Bill.” These laws make fundamental changes to the current U.S. health care system, some of which become effective immediately or by Sept. 24, 2010, and others that do not take effect until 2018. Despite their length and complexity, these laws leave many unanswered questions that will need to be sorted out by Congress and applicable agencies (some of which may not yet be in existence) in the coming months and years. Employers need to be aware of the various effective dates and deadlines and track the most current developments in order to form and implement policies that will comply with the laws as they become effective and evolve. This article provides a brief description of the changes of which employers should be aware.
What Are the Most Important Provisions to Employers and When Do They Become Effective?
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.