Page 44 - Client Alert News Today

To embed, copy and paste the code into your website or blog: In an update to our client alert from November 30 regarding the San Francisco commercial eviction moratorium previously passed by the Board of Supervisors, we note that, following our publication of the client alert, the Board of Supervisors, on December 1, amended the moratorium to clarify previous language on a retail tenant’s right to terminate its lease that was ambiguous. As previously described in our November 30 alert, the Ci...

To embed, copy and paste the code into your website or blog: On December 2, 2020, the Centers for Medicare & Medicaid Services (“CMS”) and the Office of Inspector General (“OIG”) of the Department of Health and Human Services (“HHS”) published in the Federal Register companion final rules that present significant changes to the regulatory framework of the federal physician self-referral law (commonly referred to as the “Stark Law”), the federal health care program’s Anti-Kick...

To embed, copy and paste the code into your website or blog: As discussed in our Client Alert issued on December 10, 2020, the Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services Office of Inspector General (OIG) issued two long-awaited final rules that modernize and change the Stark Law and Anti-Kickback Statute (AKS) regulations.  The final rule involves numerous changes, including long-awaited changes to the personal services and management contra...

To embed, copy and paste the code into your website or blog: The ongoing COVID-19 pandemic has impacted the United States economy in a profoundly negative manner. Retail stores, restaurants and other direct-customer-facing businesses have been especially hard hit. Throughout the U.S., most states and municipalities have at various points throughout the pandemic issued “shut down” orders to businesses in order to mitigate the spread of the virus. Businesses complied and suffered tremendous l...

[co-author: Stephanie Cheung] INTRODUCTION Following our recent Client Alert published in October 2020 on the release of the Section 5(a) Report under the Hong Kong Autonomy Act of 2020 (“ HKAA”), there have now been some further updates in relation to U.S. sanctions affecting parties in Hong Kong and China which we discuss below. TRUMP ADMINISTRATION IDENTIFIES FOUR ADDITIONAL CHINESE ENTITIES AS MILITARY COMPANIES CCMC”). This list is required to be compiled and reported to the U.S. Con...

Thursday, December 17, 2020 As discussed in our Client Alert issued on December 10, 2020, the Centers for Medicare & Medicaid Services (CMS) and the Department of Health and Human Services Office of Inspector General (OIG) issued two long-awaited final rules that modernize and change the Stark Law and Anti-Kickback Statute (AKS) regulations.  The final rule involves numerous changes, including long-awaited changes to the personal services and management contracts safe harbor under...

Introduction Driven by the Coronavirus pandemic, extreme volatility on the financial markets in early 2020 led to lenders and financial institution counterparties issuing a significantly increased number of margin calls under facilities governed by English law. Due to the rapid devaluation in the collateral held under such facilities, including margin lending facilities and ISDA-governed transactions, these margin calls typically demanded significant amounts of cash or additional collateral wit...

To embed, copy and paste the code into your website or blog: In a 3-2 vote held in November 2020, the SEC approved new rules and amendments to existing rules that are intended to harmonize, simplify and improve the private placement regime that start-ups and other issuers, small and large, rely on to raise private capital. The SEC recognized that the current system of private placement exemptions, which was built over many decades, was filled with gaps and uncertainties. The adopting release co...

To embed, copy and paste the code into your website or blog: On December 3, 2020, the Securities and Exchange Commission (SEC) adopted new rule 2a-5 ("Rule 2a-5") under the Investment Company Act of 1940, as amended ("1940 Act") addressing valuation practices and the board of directors’ role in fair valuing securities of a registered investment company or business development company (each, a “fund”).[1] Additionally, a companion rule, new rule 31a-4 under the 1940 Act ("Rule 31a-4") was ...

To embed, copy and paste the code into your website or blog: On Thursday, 10 December 2020, the Department of Health and Human Services (HHS), Health Resources and Services Administration (HRSA) issued a pre-publication copy of the long-awaited 340B Drug Pricing Program Alternative Dispute Resolution (ADR) Final Rule. 1 The Final Rule was issued more than 10 years after the Affordable Care Act (ACA) amended the 340B statute to require the Secretary of HHS to promulgate regulations establishing ...