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Policy Issues Alert! A HIPAA Wake-Up Call
For several months, various Assistant United States Attorneys have stated informally that HIPAA's criminal penalties apply to anyone violating the law - not just covered entities. In their view, workforce members, business associates and others who handle "protected health information," as that...
Read MoreBringing Third Parties To The Table: Obtaining Discovery And Testimony From Nonparties In An Arbitration
The oft-cited goals of arbitration, namely speed, efficiency, and lower costs, have resulted in a widespread acceptance of arbitration as a means of resolving commercial disputes. Both domestic and foreign corporations embrace arbitration as a way to avoid the high costs of litigation and, in...
Read MoreArbitration Schizophrenia - Managing And Meeting Client Expectations
As corporate counsel, you have clients - they are the company officers and business group leaders who retain you every day to handle matters that affect their groups and the corporation generally in significant ways. To handle clients successfully, you need to manage their expectations. To do this...
Read MoreTelecommunications Excise Taxes - Could Your Company Get A Refund?
Your company may be eligible for a partial refund of the three percent federal telecommunications excise taxes it has paid for the three years preceding the filing of a refund claim. A federal district court recently held that the Internal Revenue Service is not entitled to collect the...
Read MoreHolland & Knight's George Kendall On Access To Justice For Everyone
Editor: For starters, would you tell us about Holland & Knight's Community Service Team? Kendall: This is a distinct team of ten litigators within the firm that is made up of partners, senior counsel and associates who are Chesterfield Smith Fellows. The fellows are five first- and second-year...
Read MoreNew Law, New Changes: An Update On the Japanese Arbitration And ADR Scene
A lot has happened recently on the Japanese arbitration and ADR scene. There is good news and bad news. Here are highlights: A new Japanese arbitration law1 ("New Law") came into effect March 1, 2004. Until this year, the Japanese arbitration law had not been amended in 114 years and was an "almost...
Read MoreAre Your Retirement Plans (And Your Officers, Directors And Plan Trustees) At Risk?
The Enron scandal and its aftermath have resulted in a host of regulatory and administrative changes having a substantial impact on 401(k)s, ESOPs and other types of retirement plans. Plan sponsors, their boards of directors, management and plan trustees have been targeted by the Internal Revenue...
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