Posted By: Ryan McLane | email: rmclane@dbllaw.com
I recently read an article on the “essential terms” needed in an arbitration clause to achieve cost-effective arbitration. I then reviewed a Nashville lawyer’s thoughtful commentary on the article, "Essential Terms to Include in an Arbitration Clause." Being a lawyer, after all, I felt compelled to throw in my two cents.
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Posted By: Mathew Klein | email: mklein@dbllaw.com
On December 3, 2010, the acting United States Solicitor General filed the long-awaited amicus curiae brief of the United States in the case of Maxwell-Jolly v. Independent Living Centers of California. Independent Living Centers is a preemption case brought by Medicaid providers to challenge cuts in the California Medicaid reimbursement rates. The brief comes on the heels of the Department of Health and Human Services’ (HHS) denial on November 18, 2010 of California State Health Plan amendments that would have implemented the rate cuts. The brief and the recent actions of HHS make this case, which once seemed destined to be heard by the Supreme Court, to now appear to be a doubtful petition for certiorari.
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Posted By: James A. Dressman, III | email: jdressman@dbllaw.com
Congress has adopted the 2010 Tax Relief Act. The Act contains a two-year extension of the Bush-Era tax cuts that was negotiated by the President and Republicans, and significant estate tax relief, as well as a trove of other tax breaks for businesses and individuals.
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Posted By: DBL Law | email: news@dbllaw.com
Bob Hoffer, partner at Dressman Benzinger LaVelle, was recently named president-elect for the Kentucky Defense Counsel (KDC).
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Posted By: DBL Law | email: news@dbllaw.com
Bob Hoffer, partner at Dressman Benzinger LaVelle, was recently awarded the Outstanding Community Service Bonitatem Award from the Covington Latin School.
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Posted By: DBL Law | email: news@dbllaw.com
James A. Dressman III, partner at DBL Law, was recently reappointed chairman to the Kentucky Bar Association’s (KBA) Audit Committee. Dressman was reappointed to serve on the committee through 2013.
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Posted By: Kelly Schoening | email: kschoening@dbllaw.com
OSHA says employers must ban texting while driving in order to provide a safe work environment. The Assistant Secretary of Labor for OSHA issued a letter to employers stating they have a responsibility and legal obligation to have and enforce a policy against texting while driving.
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Posted By: Kelly Schoening | email: kschoening@dbllaw.com
The NLRB is taking a hard line stance against an employer who fired an employee for a Facebook post about her supervisor. The NLRB filed a complaint against an ambulance company in Connecticut. The employee posted a negative comment about her supervisor, which prompted comments from her co-workers. The NLRB alleges that the company’s policy, which prohibits employees from making disparaging remarks about the company is unlawful.
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Posted By: James Dietz | email: jdietz@dbllaw.com
The Department of Justice (DOJ) is making the prosecution of healthcare fraud a priority. This is straight from the mouth of DOJ’s chief of the Health Care Fraud Unit, whose name is Hank Walther.
In a recent interview, Walther revealed that DOJ is committing significant resources to fighting healthcare fraud. Since the creation of the Medicare Fraud Strike Force in 2007, the number of prosecutors working on such fraud cases has increased from six to over twenty.
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Posted By: Todd McMurtry | email: tmcmurtry@dbllaw.com
A friend in the construction industry recently forwarded me a link. He decried the author’s suggestion that “LEEDigation” (disputes arising over L.E.E.D.® green building certification) was an emerging trend. Underlying his complaint, was an important question: is L.E.E.D® certification a growing trend? Answering this question proved more complicated than I anticipated.
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