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Archive by tag: LLPReturn

Supreme Court Seeks Solicitor General’s Input on Scope of ERISA Preemption of State Rate Regulation of Pharmacy Benefit Managers (PBMs)

Seyfarth synopsis: Arkansas has sought certiorari on the question of the ability of states under the ERISA preemption clause to regulate the rates charged by PBMs, and the Supreme Court has asked for the input of the Solicitor General on whether it...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Jul 10,2019 |

GAR Know-How Construction Arbitration - United States

Legal System - 1. Is your jurisdiction primarily a common law, civil law, customary law or theocratic law jurisdiction? Are the laws substantially derived from the laws of another jurisdiction and, if so, which? What instruments have legal force...By: Pepper Hamilton LLP
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Pepper Hamilton LLP | Jul 10,2019 |

3rd Circuit Creates New Obligations for Online Platforms

The 3rd Circuit recently held Amazon.com liable for damages for a product sold by a third-party. This is a potentially landmark ruling in the ongoing battle between consumers and online platforms regarding the obligations related to e-commerce....By: Dorsey & Whitney LLP
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Dorsey & Whitney LLP | Jul 10,2019 |

Cross-Plan Offsetting in the Balance: UnitedHealth Group, Inc. Petitions the Supreme Court to Allow Cross-Plan Offsetting; Response to be Filed on or before July 31, 2019

In its decision, the Court concluded that UnitedHealth Group, Inc. (“United”) was not authorized to engage in “cross-plan offsetting.” What is cross-plan offsetting? It is a “self-help” practice that third party administrators (“TPAs”) of...By: Sheppard Mullin Richter & Hampton LLP
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Amazon Is Subject To Liability As "Seller," Rules The Third Circuit

In my article last month, “Should Amazon be Liable for Products Sold in its Marketplace,” I discussed how the Fourth Circuit, like many courts before it, ruled Amazon was not a “Seller” when considering products sold on its website by third-party...By: Butler Weihmuller Katz Craig LLP
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“Standard” Versus “Bespoke” Boilerplate—A Distinction That Can Make a Big Difference

It keeps on happening. Contracting parties allow “standard” boilerplate to potentially trump bespoke provisions of their acquisition agreements. This phenomenon is particularly prone to occur with “no third party beneficiary” clauses, classic and...By: Weil, Gotshal & Manges LLP
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Weil, Gotshal & Manges LLP | Jul 09,2019 |

7th Circuit Rules that Extreme Obesity is Not an ADA Impairment (at Least on These Facts)

The U.S. Court of Appeals in the Seventh Circuit has recently decided a case involving an extremely obese bus driver and denied his claims under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101–12213, as amended by the ADA...By: Seyfarth Shaw LLP
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Seyfarth Shaw LLP | Jul 09,2019 |

Section 421-a and New York City's New Rent Law

A number of questions have arisen concerning the impact of the recently adopted Housing Stability and Tenant Protection Act of 2019 (HSTPA) on the Section 421-a Tax Exemption Program. HSTPA (Chapter 36 of the Laws of 2019) made significant changes to...By: Holland & Knight LLP
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Holland & Knight LLP | Jul 09,2019 |

New Final Rules Permit Individual Coverage Health Reimbursement Arrangements

• The U.S. Departments of Health and Human Services, Labor and the Treasury (collectively, the Departments) issued Final Rules regarding a new type of health reimbursement arrangement (HRA) – the individual coverage HRA (ICHRA). The Final Rules,...By: Holland & Knight LLP
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Holland & Knight LLP | Jul 09,2019 |

Connecticut’s Revised FMLA is Coming…Will Small Businesses Take a Hit?

Connecticut’s legislature passed Public Act 19-25 to amend the state’s Family and Medical Leave Act, which the Governor has signed into law. Much attention has gone to PA 19-25’s creation of paid FML leave, although it will take some time to get that...By: Shipman & Goodwin LLP
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Shipman & Goodwin LLP | Jul 09,2019 |
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