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Posts from July 2011.

In Advisory Opinion AO-2011-01, the Centers for Medicare and Medicaid Services (CMS) examined a proposed three-party physician recruitment agreement with a non-compete provision, and determined that the agreement meets the physician recruitment exception under the Stark Law.

The physician in question was a pediatric orthopedic surgeon who was needed to replace the sole such ...

As is the case this time of year, a number of new bills are being enacted as a result of the most recent legislative session which could create opportunities for change regarding the way business is conducted. Summarized below is legislation that relates to real estate. These bills lower the tax liability based on certain investments, decrease certain administrative impediments, and offer your “local Indiana business” the opportunity to take advantage of a new bid preference for certain contracts.

Posted in Real Estate

Indiana recently passed two new laws that increase the ability of city and county councils to grant real and personal property tax abatement deductions. Under prior law, the amount of any property tax abatement deduction for a given year was based on (1) the increase in assessed value of the property as a result of rehabilitation (of real property) or installation (of equipment ...

Posted in Litigation

The United States Supreme Court recently struck down a Vermont law that barred pharmacies and others with access to prescription records from selling the prescriber behavior data to entities that would use the information for marketing purposes. Justice Kennedy, writing for a 6-3 majority in Sorrell v. IMS Health Inc., found that speech to further pharmaceutical marketing is a form ...

On Tuesday, July 12, the Third Circuit Court of Appeals (“Third Circuit”) issued an important decision in the area of products liability law. In Covell v. Bell Sports, Inc., the Third Circuit upheld the decision of the U.S. District Court for the Eastern District of Pennsylvania (“District Court”) that §§ 1 and 2 of Restatement (Third) of Torts (1998) (“3rd ...

On July 13, 2011, the U.S. House of Representatives Appropriation Committee approved a budget bill that would accelerate some of the improvements to funding of the U.S. patent system that were part of the pending patent reform bill, the America Invents Act.

One provision allows the U.S. Patent and Trademark Office (PTO) to access fees it collects even beyond its budgeted amount, if the ...

If you are a contractor or subcontractor who plans on submitting bids for new federal contracts or renewing older contracts, there are impending changes to sick leave requirements for your employees that will soon go into effect.

A recent survey of 245 U.S. employers conducted by Towers Watson revealed that four out of 10 U.S. employers expect to spend more time governing their employer-sponsored retirement plans over the next two years. The majority who plan on spending more time administering their plan are doing so because of increasing regulatory complexity, recent court cases that may subject plan ...

On behalf of Bingham Greenebaum Doll, I would like to congratulate Ferdinand, Ind., furniture company Keith Fritz Fine Furniture, which recently was honored with the William Thornton Distinguished Award for Excellence in Craftsmanship by MADE: In America. Bingham Greenebaum Doll is proud to support our client, Keith Fritz Fine Furniture.

We have enjoyed helping this business ...

The U.S. EPA and the U.S. Army Corps of Engineers announced that they are extending the public comment period for their recently released draft guidance on the jurisdictional reach of the Clean Water Act. The comment period, originally set to expire on July 1, 2011, has been extended 30 days. All comments must now be submitted by July 31, 2011. The guidance is being issued to provide ...

The Indiana Department of Environmental Management (IDEM) released for public comment a draft Remediation Closure Guideto provide guidance on investigation, remedy and closure of contaminated sites. The guide applies to Indiana’s remediation programs including the following.

  • Leaking Underground Storage Tank Program
  •  State Cleanup Program
  •  Voluntary Remediation Program
Posted in Litigation

Indiana’s statute on official misconduct by a public servant will undergo substantial revisions effective July 1, 2011.  The statute currently makes it a D felony for a public servant to knowingly or intentionally perform an act the public servant was forbidden by law to perform.

It is also a D felony to perform an act the public servant is not authorized to perform, with the intent to ...

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