|
| 10.22.08 | The Red Flag Rule and Health Insurers
Abstract: Last year, the Federal Trade Commission (FTC) and five federal banking regulators jointly published regulations addressing the obligations of “financial institutions” and “creditors” to prevent identity theft. Called the “Red Flag Rule,” the regulations take effect November 1, 2008. On October 22, 2008, the FTC announced that it will suspend enforcement of the obligation to implement the identity theft prevention program portion of the Red Flag Rule until May 1, 2009. All other aspects of the Red Flag Rule remain effective and enforceable as of November 1, 2008. |
|
| 10.13.08 | Playing Both Sides? Navigating the Murky Waters of Advance Conflict Waivers
The Professional Lawyer
Angela R. Elbert, Sarah G. Malia
Abstract: This article looks to the ABA Model Rules of Professional Conduct and the comments thereto, ethics opinions, case law from around the country, and scholarly articles and debates in its consideration of whether and in what circumstances advance waivers will or may be found enforceable. While the answer is not clear, these resources certainly provide guidance for how to best succeed and show that this is a developing issue for attorneys and business persons around the country that lawyers will need to be cognizant of as this area of the law continues to develop. Neal Gerber Eisenberg partner and Litigation Practice Group member Angela R. Elbert and associate and Litigation Practice Group member Sarah G. Malia co-authored this article that appears in the Vol. 19, No. 1, 2008 edition of the The Professional Lawyer. |
|
| 10.09.08 | Federal Circuit Makes It Easier to Prove Design Patent Infringement
Thomas C. McDonough, James P. Muraff
Abstract: The U.S. Court of Appeals for the Federal Circuit recently issued a significant decision changing the test for infringement of design patents. The Court discarded the requirement that an accused product must incorporate all of a design patent’s “points of novelty” in order to infringe. Egyptian Goddess, Inc. v. Swisa, ___ F.3d ___, 2008 U.S. App. LEXIS 20104 (Fed. Cir. Sep. 22, 2008) (en banc). This decision eliminates a key defense to design patent infringement and strengthens design patents that differ significantly from prior art designs. |
|
| 10.01.08 | Now Is the Time to Review Compensation Practices
Forum
Patricia S. Cain
Abstract: In the October 2008 issue of Forum, the monthly publication of the Association Forum of Chicagoland, Neal Gerber Eisenberg Employee Beneftis * Executive Compensation Practice Group Chair Patricia S. Cain authored the article "Now Is the Time to Review Compensation Practices." |
|
| 09.30.08 | CMS Amends MA and Part D Rules to Implement MIPPA
Abstract: The Centers for Medicare and Medicaid Services (CMS) has issued final amendments to the Medicare Advantage and Prescription Drug Rules to implement the requirements of the Medicare Improvements for Patients and Providers Act of 2008 (MIPPA), enacted by Congress on July 15, 2008. The Rule amendments make effective, with the October 1, 2008 start of the current Medicare marketing season, the MIPPA prohibitions and restrictions on Medicare marketing. These restrictions include increased oversight and control of agents, brokers and sales representatives, including regulation of their compensation. (Note that, on October 1, CMS issued an email notice to Medicare plan sponsors that, in response to industry comments on the compensation regulations, it is delaying the effective date for implementation of compensation structures consistent with the Rule amendments until at least October 7, 2008.) The Rule amendments also implement the MIPPA provisions regarding (a) the phase out of the indirect medical education payments for MA plan sponsors, starting in 2010; (b) prompt payment requirements and other Prescription Drug program changes affecting Part D plan sponsors, effective 2010; (c) contracted provider network requirements for MA private fee-for-service (PFFS) plans, effective 2011; (d) care management, beneficiary disclosure and State Medicaid agency contracting requirements for MA special needs plans (SNPs), effective 2010; and (e) quality improvement requirements for MA PFFS plans, MA medical savings account plans, and SNPs, effective 2010. |
|
