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2020 Annual Employment Law Update Materials
Verrill, January 2020

On Thursday, January 30, members from Verrill's Employment & Labor group, as well as some from the Employee Benefits & Executive Compensation group, conducted a full-day seminar full of employment law related topics that would prepare HR professionals, managers, and in-house counsel for the year ahead. The presentation slides and handout materials from the 2020 seminar are available for download as PDF files below...

2020 Estate Planning Update
Verrill, February 2020

SECURE ACT What you need to know: The Setting Every Community Up for Retirement Enhancement (SECURE) Act went into effect on January 1, 2020. The most significant provisions of the SECURE Act involve changes to the withdrawal requirements for inherited retirement assets. 10-Year Withdrawal Requirement: Prior to the SECURE Act, beneficiaries of inherited retirement plans were generally permitted to take distributions over the course of their own lifetimes...

60% Is Not a Cliff, Indeed
Verrill, June 2020

On June 11, the Small Business Administration (SBA) and the Treasury Department published important guidance that the revised 60% condition under the Paycheck Protection Program Flexibility Act will be applied proportionately, and not as a cliff. Background. The CARES Act, enacted on March 27, authorized loans to a wide range of small businesses in an amount equal to 2.5 months of prior year payroll costs (as defined)...

A ‘Healthy’ Approach to Possible Commercial Lease Defaults in the Age of Coronavirus (COVID-19)
Verrill, March 2020

As COVID-19 cases mount across the country, the inability to perform commercial lease obligations due to unforeseen circumstances has moved to the forefront. In contract-speak, unforeseen circumstances that lead to non-performance by a party are known as “force majeure” events...

A New Hurdle in Prop. 65 Compliance: Inter-Supply Chain Information Requests
Verrill, August 2018

Most industry professionals are aware that a revised set of California Proposition 65 or “Prop. 65” regulations will take effect at the end of the month on August 30, 2018.  Prop. 65 is a so-called right-to-know statute that, among other things, requires manufacturers and retailers to provide any California consumer with a “clear and reasonable” warning prior to exposure to a chemical identified on a list developed and maintained by a California agency...

Anthem Breach a Sign of Increased Attacks on Health Care Institutions
Verrill, March 2015

The attack on Anthem’s networks that exposed the Personally Identifiable Information (PII) of as many as 80 million Anthem health insurance customers brings home the importance of cyber hygiene at the individual as well as the corporate level. On February 5, 2015, Anthem reported that cyber criminals gained access to its customer databases through sophisticated hacking techniques that involved impersonating administrator logons to run database queries and extract troves of PII...

Are you Covered for That? An Intro to Title Insurance
Verrill, October 2013

Title insurance is a contract between an owner of an interest in real estate and a title insurance company, whereby the insured pays a one time premium and the insurance company provides the owner with protection against loss or damage resulting from liens, encumbrances or other defects in title. Title insurance is available and recommended for various types of real estate transactions...

At Long Last, the Notice of Proposed Rulemaking for the Common Rule is Here
Verrill, October 2015

For those of us who work in the clinical research field, the last two days have been quite exciting. At long last, the Notice of Proposed Rulemaking for the Common Rule is here, and the field is alive with talk of the proposed changes and the various ways in which the changes would impact the conduct of research in the U.S. To recap the events, on Wednesday, September 2, the U.S...

Avoid Rejection: Make Sure Your Medicare Cost Report is Properly Completed
Verrill, December 2019

As the calendar year draws to a close, hospitals with a 9/30 fiscal year end are working intensely on completing their FY 2019 Medicare cost reports. This seemed like a good time to remind everyone of some of CMS’s more recent stringent cost reporting requirements. In many cases, a MAC will reject a cost report for lack of supporting documentation, especially in the following areas, which CMS addressed in Medicare Learning Matters No. SE19015...

BORIM Issues Guidance on Recent Changes to Practice of Medicine Regulations
Verrill, September 2019

The Massachusetts Board of Registration in Medicine (“BORIM”) recently finalized revisions to 243 CMR 2.00 (Licensure and the Practice of Medicine). These changes took effect on August 9, 2019. Because of the uncertainty resulting from certain of those changes, on September 6, 2019, BORIM issued guidance in the form of responses to “Frequently Asked Questions” (“FAQs”)...

Breaking the Ice
Verrill, August 2016

Maine delegation at the State of Maine Reception at the U.S...

CMS Cracking Down on Health Care Fraud and Abuse
Verrill, September 2019

To increase provider and supplier transparency and accountability, the Centers for Medicare & Medicaid Services (“CMS”) recently issued a final rule (“Final Rule”) with comment period that allows CMS greater ability to prevent fraud and abuse by providers and suppliers enrolled in federal health care programs such as Medicare, Medicaid, and the Children’s Health Insurance Programs (“CHIP”)...

Compromise Reached in Maine Workers’ Compensation Reform
Verrill, June 2019

Governor Mills has signed into law amendments to the existing Workers’ Compensation Act that are the product of a bipartisan effort to avoid a series of proposed legislation that would have had the very real risk of dragging Maine back to pre-1992 status. With the election of a Democratic governor and Democratic majority in the Legislature, proponents decided the time was right to attempt to swing the workers’ compensation pendulum decidedly in favor of employees...

Congress Passes Emergency Paid Leave Laws in Response to Coronavirus Pandemic
Verrill, March 2020

On March 18, Congress passed and the President signed into law the Families First Coronavirus Response Act, a temporary measure designed to increase the availability of paid leave during a time when many employees are being directed to stay at home...

Congress Passes the Paycheck Protection Program
Verrill, March 2020

On March 27, the United States Congress passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES” Act). The Act contains many provisions affecting broad swaths of the U.S. economy. The purpose of this memo is to summarize the Act’s provisions regarding forgiveness of SBA loans used by business to cover payroll, rent, and other expenses necessary for the continued operation of their businesses otherwise known as the “Paycheck Protection Program...

COVID-19 Expanded Access Template
Verrill, March 2020

We are aware that many companies and health care providers are working to expedite the transfer of investigational drugs that may be helpful in treating patients suffering from COVID-19. Although these expanded access arrangements are not required to be and are not always documented in written agreements, there can be benefits to both parties (company and treatment provider) to memorializing the circumstances of the provision of an investigational drug...

COVID-19: FDA Clinical Trial Guidance
Verrill, March 2020

On March 18, 2020, the U.S. Food & Drug Administration (“FDA”) published guidance for clinical trial sponsors, investigators, and institutional review boards (“IRBs”) on conducting clinical trials in the midst of the COVID-19 pandemic. In the guidance, FDA outlines important considerations for assuring the safety of trial participants, maintaining compliance with good clinical practice, and minimizing risks to trial integrity...

COVID-19: Resources for Our Valued Family Law Clients
Verrill, March 2020

This is an unprecedented time in our history, calling for an equally unprecedented level of collaboration among families, especially those who struggle with conflict. We wanted to share with you some facts about how we are dealing with the current pandemic and its effect on our clients and their families, as well as offer you some resources to help you and your family navigate the difficult waters ahead...

COVID-19: Updated FAQs
Verrill, March 2020

Employers across the country are struggling with how to support their employees and their customers, and also to keep their business afloat, as the cry for social isolation to curb the spread of the novel COVID-19 (coronavirus) grows stronger. There are a lot of complicated issues that we are trying to sort through in a moment of crisis and the landscape continues to change...

December 2019 Client Advisory
Verrill, December 2019

Click here to view as a PDF. This Client Advisory highlights important developments in the law governing employee benefit plans and executive compensation over the past year. It offers insight into what these developments mean for employers and plan sponsors and previews developments we expect to see in 2020...

Deflategate Hearing Highlights Dangers of Arbitration Agreements
Verrill, October 2015

Yes, there is a connection between the current wrangling over deflated footballs in Federal Court in New York and your next construction arbitration. At issue in NFL v...

Deflategate Hearing Highlights Dangers of Arbitration Agreements
Verrill, October 2015

Yes, there is a connection between the current wrangling over deflated footballs in Federal Court in New York and your next construction arbitration. At issue in NFL v...

Does a Property Insurance Policy Still Provide Coverage if a Business does not Reopen after the COVID-19 Stay At Home Orders are lifted?
Verrill, June 2020

Most property insurance policies in today’s market include a provision that causes coverage to lapse if the property is vacant (as defined by the policy) for a period in excess of 30 days. Fortunately, insurers have generally not enforced this limitation while businesses were under the COVID-19 orders that precluded them from being open to the public. As a result, in most situations, the property policies continued to provide coverage even if the buildings were arguably vacant...

Due to COVID-19, Federal Agencies Relax Requirements Regarding the Provision of Telehealth Services
Verrill, March 2020

In the past few days, in an effort to help keep Medicare beneficiaries healthy during the COVID-19 pandemic, key federal agencies within the U.S. Department of Health and Human Services (“HHS”) and the U.S. Department of Justice, Drug Enforcement Administration (“DEA”), announced they were relaxing certain requirements that relate to the provision of telehealth services to Medicare beneficiaries and other patients...

Employer Obligations under the Revised Families First Coronavirus Response Act (H.R. 6201)
Verrill, March 2020

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (the “Act”) in response to COVID-19. Among other provisions, the Act gives a broad group of employees the right to emergency paid sick leave and also expands protections under the Family and Medical Leave Act (“FMLA”). This summary focuses on the impact to most private employers from the paid sick leave and expanded FMLA provisions, which take effect on April 2, 2020...

 

 

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