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Key Considerations for Health Care Equipment Leasing in Today's Market
The health care industry is going through a period of unprecedented change and uncertainty due to the slow-to-recover economy, tight credit markets, increasing costs and health care reform. These challenges are substantial and are expected to continue well into the future as health care reform unfolds. We know that major health care policy changes create winners and losers, as the Balanced Budget Act of 1997 demonstrated. The impact of recent health care reform legislation will be much broader.
In the midst of this turbulence, health care continues to be a very capital-intensive industry. Health care providers, including hospitals, physician practices, skilled nursing facilities, long-term care, home health care, labs, imaging centers, etc., must not only maintain their existing facilities, but also keep up with continuous advances in medical equipment and information technology (“IT”) if they hope to stay competitive. However, providers' access to capital for equipment purchases is being restricted, making leasing an attractive option for capital-starved and cash-strapped health care organizations. For leasing companies, this is clearly good news. While there are a number of complexities to operating in the health care leasing arena, there also are more than ample opportunities. Those leasing companies that are proactive in mitigating certain industry risks have an opportunity to be very successful in this space.
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.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.
Discovery of Claim Construction and Infringement Analysis May be Compelled Prior to a Markman Hearing
A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.