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Newsletters and E-Alerts |
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The Firm produces hard copy and electronic newsletters to help keep executives in-the-know. The following is a list of all of our current publications.
To be added to our newsletter/e-alert lists, please click here.
- 10/7/2009 Polsinelli Shughart Securities Alert: The Jig is Up: Reeling Smaller Reporting Companies Into SOX Section 404(b) Compliance
The Securities and Exchange Commission (SEC) recently deferred smaller reporting company compliance with the attestation requirements of Section 404(b) of the Sarbanes-Oxley Act of 2002 (SOX) for the fourth, and last, time. This is the fifth year that auditor attestations have been required for larger public company peers.
- 10/7/2009 IRS Publishes Nonprofit Governance Training Materials (Update from Nonprofit Organizations Group)
The IRS is using recently released materials to train its tax-exempt organizations agents on the link between good governance and compliance with the tax laws. The materials focus on public charities and stress the importance of independent boards of directors and policies and procedures on good governance. The IRS has been very active regarding nonprofit governance, despite skeptisism regarding its authority in this area.
- 9/30/2009 EEOC Proposes Regluations Implementing the ADA Amendments Act of 2008 (an update from the Labor and Employment Group)
The Equal Employment Opportunity Commissions ("EEOC") proposed new regulations implementing the Americans with Disabilities Act Amendments Act of 2008 (“the Act”). Both the Act, which overturned two prior Supreme Court decisions, and the proposed regulations, if finalized, shift the focus from whether an individual has a disability to whether an employer has complied with its ADA obligations. The EEOC anticipates employers will incur some, but – by its analysis – not “significant” costs to implement changes that may be brought about by its proposed regulations.
9/22/2009 Department of the Treasury Issues Major Changes to REMIC Rules
The Department of the Treasury recently issued important new rules addressing the types of modifications that may be made to loans held by REMICs. These changes are extremely important to both servicers and borrowers because they now allow modifications to loans that previously have been prohibited.
9/21/2009 The Changes to the Green Building Rating System (update from the Construction Litigation group)
The U.S. Green Building Coucil has announced changes to the Green Building Rating System (also known as LEED Certification). This e-newsletter highlights those changes.
9/8/2009 Fall 2009 Update on Current Federal Public Policy Issues Affecting Life Sciences
As the 111th U.S. Congress heads back into session in early September, plenty of issues that impact the life science community await the legislators' attention. This e-blast and corresponding White Paper discusses these issues at length.
9/8/2009 HHS and the FTC Issue Final Regulations for Breach Notification Requirements
New regulations, which apply to vendors who offer individuals a place to electronically store their personal health record, as well as, health care providers, health plans and clearinghouses who transmit health information electronically, expand the reach of HIPAA and federal privacy rules. With an increase in civil money penalties as well, it is important that organizations have accurate information about what is required and what the remedies are for not meeting the requirements.
9/4/2009 Newsletter - Third Party Administrator Update: Volume II, 2009
Volume II of the Insurance Group's Third Party Administrator Update outlines several new operational and audit requirements for various states.
8/26/2009 Employee Benefits and Executive Compensations Newsletter - August 2009
There are several year deadlines for benefit plans of which organizations should be aware and start planning for now, which are discussed in this most recent newsletter. Also discussed is the limited relief for retirement plans from the red flag reporting rules and an update on US health care.
8/21/2009 New CMS Manual Change Significantly Affects DME Consignment Close Arrangements
A new CMS manual change which will significantly affect "consignment closet" or "stock and bill" arrangements between physicians and non-physician practitioners and DMEPOS suppliers. These changes are usually made by regulation and provide the practitioners with notice of the impending change. However, this change could require significant restructuring of existing arrangements and has been adopted by Manual change with an effective date of September 8, 2009.
8/10/2009 Large-Scale Physician Practices Ease Complicated Regulatory Environment
Consolidating medical groups into large-scale physician practices is the wave of the future and will ultimately increase patient access to healthcare. Randal L. Schultz, vice chair of the Polsinelli Shughart Health Care group, will address the topic at a September 13 presentation to the Medical Development Specialists (MDS) Annual Conference in Las Vegas, Nevada.
8/5/2009 Tax and Business Planning Special Report - August 2009
This special report provided by Polsinelli Shughart's Tax and Business Planning group contains breaking industry information including the Cash for Clunkers program and federal unemployment tax audits.
7/30/2009 New SEC Disclosure and Shareholder Voting Proposals (Corporate Finance Group Update)
Executive compensation, corporate transparency and accountability, hedge funds and ratings agencies continue to attract attention at the SEC, Treasury and in Congress in the wake of the financial crisis. Proposed new regulations and legislation promise to have a profound effect on public companies, private funds, borrowers and investors. To keep everyone apprised of these important developments, our Corporate Finance and Securities Group has prepared this alert.
7/28/2009 Polsinelli Shughart Lead Sponsor for Life Science Policy Conference of DGA
Two Polsinelli Shughart attorneys attended the Regional Life Science Policy Public Conference of the Democratic Governors Association (DGA) held June 22-23 in St. Louis. The Conference brought together more than 200 representatives of leading life science companies from across the United States to brief five Democratic Governors from the central United States on issues critical to the growth of the life science industry in the region.
7/16/2009 Federal Minimum Wage Impacts on State Minimum Wage Rates (Update from Labor and Employment Group)
This e-alert details the changes in the federal minimum wage, effective July 24, 2009. The minimum wage for non-exempt employees, under the Fair Labor Standards Act ("FLSA") will increase from $6.55 to $7.25 per hour.
- 7/15/2009 11th Annual National Seminar - The Law of Tax-Exempt Organizations
On October 1 and 2, the Polsinelli Shughart PC nonprofit organizations group will address Form 990 and other recent developments as they present the 11th Annual National Seminar titled “The Law of Tax-Exempt Organizations.” The seminar is a comprehensive review of a wide variety of issues facing tax-exempt organizations and will provide value to everyone in attendance.
- 7/14/2009 EFCA Lite or More Legislative Limbo? (Update from Labor and Employment Group)
The future of the Employee Free Choice Act (EFCA) is uncertain, leading to discussions of a compromise version (also known as "EFCA Lite"). This e-blast contains the latest information on the status of this bill.
- 7/14/2009 Kansas Court of Appeals Emphasizes Strict Adherence to Mechanic's Lien Laws in Requiring Subcontractor/Lien Claimant to Correctly Identify the Name of the General Contractor (Update from the Construction Litigation Group)
This Client Advisory details the Kansas Court of Appeals emphasis on strict adherence to mechanic's lien laws. These laws require subcontractors/lien claimants to correctly identify the name of the general contractor.
- 7/2/2009 New Interpretive Guidance on Compensation Tables (Update from Corporate Finance Group)
This is going to be a busy year for public companies and hedge funds, with a steady stream of new regulations intended to strengthen board accountability, corporate disclosure, shareholder participation, and regularity oversight. Companies will need to stay ahead of these fast-moving developments. This blast contains the latest in what will be a continuing series of reporting on these new developments and their impact on public companies and private funds.
- 6/30/2009 Claims Against Design Professionals (Update from Construction Litigation Group)
This e-alert details the issues surrounding claims against design professionals, the economic loss doctrine and how it affects damages suffered by an owner/developer or contractor.
- 6/18/2009 Changes to the Civil False Claims Act (Update from Health Care Group)
The substantive and procedural changes to the civil False Claims Act (FCA) sweep broadly and will affect many health care providers, as well as other industry groups. Health care providers need to review their compliance programs and ensure such programs reflect the recent changes in the FCA.
- 6/17/2009 Client Advisory: Section 1031 Exchanges
The current issues with regard to Section 1031 exchanges are explained in this client advisory, provided by members of the Corporate, Tax and Financial Services practice groups.
- 6/11/2009 Insurance Business and Regulatory Law Newsletter - Summer 2009
From Polsinelli Shughart's Insurance Business and Regulatory Law Group, this quarterly newsletter features important developments in the industry. This edition features an article on the group's role in in helping Family Care become the first multiple-product medical discount plan to be licensed under California's Knox-Keene Act.
- 6/4/2009 Newsletter - Medical Discount Plan Update - Volume II, 2009
From Polsinelli Shughart's Insurance Business and Regulatory Law Group, this newsletter features regulatory and legislative updates concerning medical discount plans.
- 5/19/2009 New Requirements for ASCs (Update from Health Care Group)
Effective May 18, 2009, any Ambulatory Surgical Center (ASC) that has an agreement with Centers for Medicare and Medicaid Services (CMS) to participate in Medicare as an ASC must meet new notice provisions for patients of the ASC.
- 5/15/2009 Newsletter - Third Party Administrator Update: Volume I, 2009
From Polsinelli Shughart's Insurance Business and Regulatory Law Group, this newsletter features the latest regulatory and legislative updates with regards to third party administrators.
- 5/13/2009 Securities Alert: Incentive Compensation Risk Analysis
The financial crisis has focused an intense light on corporate governance, executive compensation and shareholder rights, with the administration and Congress pursuing an activist agenda that will profoundly impact the relationship between shareholders and management. Polsinelli Shughart's Corporate Finance group will participate in the debate, reporting on and analyzing trends.
- 5/7/2009 Integrating Quality and Compliance Yields Success (Update from Health Care group)
Improving quality and efficiency is a top priority for hospitals, nursing homes and other health care providers today. A recent study by the OIG provides support that integrating quality and compliance is one way to help health care providers overcome the obstacles of meeting the current quality mandates. Improving quality and efficiency is a top priority for hospitals, nursing homes and other health care providers today. This e-alert explains the OIG's conclusions and describes why integrating quality and compliance is important to improve quality and safety in the health care industry.
- 5/4/2009 Form 990 Compliance Requirements
Attorneys in Polsinelli Shughart PC’s nonprofit organizations group recently published a book titled, “The New Form 990 – Law, Policy and Preparation.” The redesigned IRS Form 990 is the most significant development impacting tax-exempt organizations in the last 40 years.
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4/29/2009 Green Leases: Legal Issues for Landlords and TenantsThis eblast features details about "green" energy efficient building and green leases (what a "green" lease actually means, reasons to make your lease green and the costs vs. benefits of green leases).
- 4/15/2009 Employee Free Choice Act E-Alert
The Labor and Employment Group provides an E-Alert on the Employee Free Choice Act and how it could affect employers, including hindering an employer's ability to win an NLRB election.
- 04/07/2009 Like-Kind Exchange Enhanced Scrutiny
This eblast features a brief discussion on the new like-kind exchange considerations and links to an article on the subject co-authored by Polsinelli Shughart Shareholders Bill Quick and Virginia Gross.
- 04/06/2009 American Recovery and Revinvestment Act's Effect on the Health Care System
The Health Care group at Polsinelli Shughart outlines the Act's allocations to various sectors of health care including Health Information Technology, Comparative Effectiveness Research and other appropriations.
- 03/24/2009 Tax and Business Planning Special Report - March 2009
Polsinelli Shughart's Tax and Business Planning group provides a special report on the American Recovery and Reinvestment Act of 2009. This report details the individual, business and energy incentives contained in the Act.
- 03/20/2009 COBRA Subsidies: Department of Labor Issues Model Notices
From Polsinelli Shughart's Employee Benefits Executive Compensation Group. This alert touches on important information in regards to COBRA subsidy provisions.
- 3/12/2009 Insurance Business and Regulatory Law Newsletter - Spring 2009
From Polsinelli Shughart's Insurance Business and Regulatory Law Group, this quarterly newsletter features important developments in the industry.
- 3/10/2009 Starting and Managing a Nonprofit Organization: Come Meet a Leading Authority on Nonprofit Organization Law and Management
Nonprofit organizations are a crucial part of our society. And, they must comply with stringent federal and state regulations due to their special tax-exempt status. Determining how these regulations impact executives, fundraisers, trustees and volunteers can be a daunting task. There is a resource available to nonprofit organizations to help them succeed, thrive, and protect their nonprofit’s tax-exempt status.
Please join us at a book-signing event for Bruce R. Hopkins’ latest publication, “Starting and Managing a Nonprofit Organization: A Legal Guide.” The event will be held on Friday, April 3 from 11 a.m. to 2 p.m. at the Barnes & Noble Bookstore, located on the Country Club Plaza.
- 2/26/2009 COBRA Subsidies: A Stimulus for Immediate Employer Action (Employee Benefits and Executive Compensation Update)
Included in the recently enacted "American Recovery and Reinvestment Act" (the Stimulus Package") are a number of important requirements and opportunities for employers. The focus of this alert is related to an item of most urgency, the COBRA subsidy provisions, which become effective March 1, 2009.
- 2/23/2009 Newsletter - Medical Discount Plan Update: Volume I, 2009
From Polsinelli Shughart's Insurance Business and Regulatory Law Group, this newsletter features regulatory and legislative updates concerning medical discount plans.
- 2/17/2009 Tenant In Common Structures: Lessons for Lenders from the DBSI Bankruptcy (an update from our Financial Service Group)
On November 10, 2008, DBSI Inc. ("DBSI"), as well as dozens of special purpose entities that were affiliates of DBSI (each, a "Master Tenant," and collectively with DBSI, "Debtor") filed a Chapter 11 Bankruptcy in the United States Bankruptcy Court for the District of Delaware (collectively, The "DBSI Bankruptcy"). DBSI was one of many tenant in common syndicators ("TIC Syndicators") that generated its revenue through the creation of tenants in common real estate transactions, in which the TIC Syndicator would acquire an interest in commercial real estate property and sell off fractional interests of the real estate to multiple (up to 35 per transaction) tenants in common ("TICs").
- 2/13/2009 Outlook 2009: Top Issues Facing Health Care Providers (Health Care Law Update)
BNA's Health Law Reporter released its annual outlook report identifying the top 10 health law issues organizations should be aware of in the upcoming year. Polsinelli Shughart attorney, Fred Entin, offers his insight on the issues as a member of the publication's advisory board.
- 2/12/2009 John Huff Appointed as Director of Insurance in Missouri (Insurance Business and Regulatory Laws News Alert
The Missouri Department of Insurance, Financial Institutions and Professional Registration will soon have a new director. John Huff was appointed by Missouri Governor Jay Nixon earlier this month and is awaiting final ratification by the State Senate.
If you would like to view past newsletter or e-alerts, please visits: Polsinelli's E-Alerts page or Shughart Thomson & Kilroy's Newsletter/E-Alerts page. |
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