News & Insights
- Articles (270)
- Client Advisories (480)
- In the News (46)
- Press Releases (1,093)
- Speaking Engagements & Seminars (619)
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Articles 270 results
Articles
06.05.2024
Recent Spate of EPA Action on PFAS Could Have Far-Reaching Implications
In the Legal Intelligencer article, "Recent Spate of EPA Action on PFAS Could Have Far-Reaching Implications," partner Charlie Dennen explores two of the most significant recent EPA actions in its continuing effort to regulate PFAS, as well as the likely effects of those actions. He also discusses the possible implications of the Supreme Court’s widely anticipated repeal of the Chevron doctrine on the EPA’s recent PFAS actions.
Articles
06.01.2024
Natural Resource Damages in New Jersey - Six Years After Litigation Revival, More Guidance Needed
Attorneys Vinita Banthia, Matt Conley and Daniel Farino write about the natural resource damages litigation revival in New Jersey in their co-authored New Jersey Lawyer article, "Natural Resource Damages in New Jersey - Six Years After Litigation Revival, More Guidance Needed." The current litigation push has focused on pursuing NRD claims with a goal of incentivizing more voluntary NRD settlements by responsible parties. However, the NJDEP would likely see more voluntary NRD settlements if it provided more guidance and certainty as to how these damages will be calculated.
Articles
04.01.2024
Awaiting Case Law, Amendments a Decade Into NJ-RULLCA
Partner Gianfranco Pietrafesa, a member of the firm's Business Counseling and Mergers & Acquisitions Groups, authored an article for New Jersey Lawyer magazine reflecting on the last decade since the enactment of the New Jersey Revised Uniform Limited Liability Company Act. Gianfranco has an extensive background in New Jersey LLC Law, as he was a member of the select committee that drafted the statute.
Client Advisories 480 results
Client Advisories
07.01.2024
Client Advisories
06.26.2024
Do Your Monthly Checks to Avoid Fines and Risk of Exclusion from Federal Health Care Programs
Healthcare facilities are urged to remember to perform regular checks of both state and federal lists of excluded individuals and entities – i.e. persons or organizations who are prohibited from participating in federal and state health care programs – to ensure that their employees, independent contractors and vendors are not on such lists. As a general rule, federal health care programs such as Medicare will not pay for items or services which are furnished, ordered, prescribed, or supplied, whether directly or indirectly, by an individual or entity (i.e. a “Person”) who has been excluded from participation in that federal health care program. If a healthcare entity employs or engages an excluded Person and then bills a federal health care program for any items or services the excluded Person directly or indirectly furnished, ordered, or prescribed, it may also be subject to Civil Monetary Penalties (“CMP”) liability under the False Claims Act (“FCA”). It is important to note that the prohibition on services is broadly defined so as to include not only direct care, but also indirect services such as filling prescriptions, providing transportation services, and performing administrative and management services that are not separately billable. While OIG guidance does permit entities to employ/engage an excluded Person who does not provide any items or services paid for, directly or indirectly, by federal health care programs, doing so requires significant caution and a strict curtailing of their roles and responsibilities to ensure protection from future liabilities. While the regulations concerning exclusions have existed for almost fifty years, it is clear that they remain an important area of enforcement. Since 2023, the federal Office of Inspector General has issued over $2.5 million in CMPs to healthcare entities who have employed an excluded individual.In addition to the federal requirements surrounding excluded individuals, many states have not only adopted versions of the federal exclusion requirements, but have created their own exclusion criteria and penalties associated with employing an excluded individual. For this reason, participating providers should consult not only the federal guidance on exclusion checks, but also their state requirements. Best Practices to Ensure Compliance The responsibility of remaining compliant with state and federal exclusion provisions falls to the billing healthcare provider/ facility. The easiest method to ensure compliance is to maintain a robust compliance program within the entity through the development of policies and procedures that mandate routine checks of all employees and vendors against state and federal exclusion lists. Entities should also maintain records of these completed checks. Because the applicable lists are generally updated every thirty (30) days, it is recommended that entities perform checks upon engagement or employment, as well as every thirty (30) days thereafter. For healthcare providers in New Jersey, we recommend a monthly review of the following databases:
Client Advisories
05.13.2024
In the News 46 results
In the News
06.05.2024
Are These Judges Too Slow? New Data and Nuances
In the New Jersey Law Journal article, "Are These Judges Too Slow? New Data and Nuances," litigation partner Kerri Chewning provides her thoughts on the complaints New Jersey federal judges receive regarding the long time it takes to issue rulings on motions. A former president of the Association of the Federal Bar of New Jersey, Kerri said she has not had “a significant number” of motions take longer than six months to be decided, though her colleagues have at times talked about their long-pending motions. In looking at the details of various cases where that may have happened, Kerri thinks that sometimes it's a bit of a perception problem.
In the News
05.15.2024
Employers Brace for Lawsuits, Higher Costs Amid Seismic Rule Changes
Tom Muccifori, Chair of Archer’s Trade Secret Protection & Restrictive Covenants Group, talks about the Federal Trade Commission's finalized rule banning noncompete agreements in the American City Business Journal's article, "Employers Brace for Lawsuits, Higher Costs Amid Seismic Rule Changes." The FTC's final rule has been met with legal challenges that will take time to play out giving businesses the opportunity to review their own policies and decide on how they will approach noncompetes.
In the News
04.25.2024
Split Take on NJ 'Fake' Sale Case Disrupts Biz-Friendly Pattern
In the Law360 article, "Split Take on NJ 'Fake' Sale Case Disrupts Biz-Friendly Pattern," partner Mark Oberstaedt provides his thoughts on a New Jersey Supreme Court decision on a class action case rejecting "fake discounts" as a source of consumer fraud. The decision was a boon for the class action defense bar, but the takes of three dissenting judges and the Attorney General show that the state's largely business-friendly jurisprudence on what qualifies as an ascertainable loss isn't quite settled.
Press Releases 1,093 results
Press Releases
06.24.2024
Gianfranco Pietrafesa Argues LLC Issue in New Jersey Appellate Division
Gianfranco A. Pietrafesa, a partner in the firm, and a member of its Business Counseling and M&A groups, argued an appeal in the Appellate Division of the Superior Court of New Jersey. He appeared on behalf of the New Jersey State Bar Association, which was amicus curiae (i.e., friend of the court) in the case. The Appellate Division recently issued its published opinion in the case where it confirmed that the New Jersey Revised Uniform Limited Liability Company Act does not authorize an LLC to file a document to cancel a certificate of dissolution and/or termination, even if the certificate was filed erroneously. The NJSBA has released its Bar Report with commentary to the decision. According to Gianfranco, the decision is important because it establishes that a court order is necessary for an LLC to rescind a certificate of dissolution and/or termination and it provides guidelines on how to do so. In essence, an LLC would have to prove sufficient facts to convince a trial court to use its equitable powers to rescind such a certificate. Gianfranco was asked to write the legal brief and argue the appeal because he is considered an authority in NJ LLC law. He was a member of the select committee that drafted the New Jersey Revised Uniform Limited Liability Company Act and he has written many articles and given many presentations on NJ’s LLC law.
Press Releases
06.19.2024
Kelly Barry Installed as Secretary of the EFPCSNJ
Archer is pleased to announce that Kelly M. Barry was installed as Secretary of the Estate and Financial Planning Council of Southern New Jersey (EFPCSNJ). She will serve a 1-year term. EFPCSNJ celebrated the installation of their 2024-2025 Board on June 19 at Sapori in Collingswood, NJ. A member of Archer’s Estates & Trusts Group, Kelly represents clients in all aspects of estate, trust, and related tax matters, including planning for both simple and complex estates, and probate litigation. She is also a member of the Board of Trustees of the nonprofit organization Interfaith Caregivers of Haddonfield, and Co-Director of Membership of the National Association of Women Business Owners-South Jersey Chapter.
Press Releases
06.12.2024
Maureen Coghlan Appointed to BookSmiles Board of Directors
Archer is pleased to announce that partner Maureen Coghlan has been appointed to the Board of Directors of BookSmiles, a nonprofit organization committed to promoting literacy and educational equity in communities facing socio-economic challenges.
Speaking Engagements & Seminars 619 results
Speaking Engagements & Seminars
06.20.2024
Gianfranco A. Pietrafesa, a partner of the firm and a member of its Business Counseling and Mergers & Acquisitions groups, will be speaking at a webinar on the formation, operation, taxation and dissolution of LLC’s, sponsored by the New Jersey Institute of Continuing Legal Education.
Speaking Engagements & Seminars
06.04.2024
Cannabis Council: What Rescheduling Means for NJ's Cannabis Industry
Partner & Cannabis Group Chair, Bill Caruso, will serve as moderator for the Chamber of Commerce Southern New Jersey's Cannabis Council panel discussion, "What Rescheduling Means for NJ's Cannabis Industry." The DEA recently announced it will move to reclassify marijuana as as a less dangerous drug. More formally called marijuana rescheduling, this would reclassify marijuana from the strictest Schedule I to the less stringent Schedule III. Join the panel for this timely discussion on what this historic shift means for New Jersey's medicinal cannabis industry.
Speaking Engagements & Seminars
05.21.2024
Trends & Insights of Philanthropic Sector
Partners Noel A. Fleming and Kayci D. Petenko will be among the speakers for the panel discussion, "Trends & Insights of Philanthropic Sector," which is part of BNY Mellon's Nonprofit Networking Series Endowment & Foundation Symposium. The nonprofit networking series convenes industry thought leaders and peers to discuss current topics, exchange ideas, and share best practices relevant to the nonprofit community.Date & Time:May 21, 20248:00 AM - 11:30 AM