Independent Contractor Misclassification (2015)
An Overview of Relevant Legal Issues and Recent Developments Click here to view the PDF titled ‘Independent Contractor Misclassification’ (2015) by Joseph DeGiuseppe, Jr. Read MoreThe Subrogation Rights of Medicare Advantage Organizations Should be Considered When Settling a Personal Injury Action
A recent case decided by a U.S. District Court in Florida provides an important reminder that Medicare Advantage Organizations may employ Medicare Secondary Payment reimbursement remedies and that the settlement of a personal injury action without considering such an organization’s lien is done at one’s peril. See Humana Medical Plan, Inc. v. Western Heritage Insurance Company, 2015 U.S. Dist....Read MoreCan a Shareholder Withhold a Portion of the Maintenance Fee When an Amenity is Not Available?
First, the shareholder should carefully review the terms of his proprietary lease, which will generally establish the conditions under which a shareholder may withhold payment from the cooperative. Most proprietary leases contain language providing that “the Lessee (shareholder) will pay maintenance to the Lessor” (cooperative) upon the terms established by the cooperative “without any...Read MoreFederal Government Expected to Increase Immigration Compliance Audits and Fines in 2015
All employers should be aware that the federal government is likely to devote increased resources to auditing employer compliance with immigrant employment laws in 2015. Those laws apply to large and small employers alike, and can often result in substantial fines for the unwary. All companies should take steps to familiarize themselves with these requirements and consider an independent...Read MoreIssues in Special Needs Planning
A Plan for Special Needs As a parent of a child living with a disability – whether it is a physical disability, intellectual disability, developmental disability, autism or mental illness – you are well aware of your loved one’s extraordinary requirements. In his or her life to date, almost everything has needed more time, more attention and more care than you might reasonably have...Read MoreSix Years After Hall Street: The Continued Viability of Manifest Disregard, Jurisdiction by Jurisdiction
The Federal Arbitration Act (“FAA”) generally requires that state and federal courts enforce or “confirm” arbitration awards. Click here to view the PDF titled ‘Six Years After Hall Street: The Continued Viability of Manifest Disregard, Jurisdiction by Jurisdiction’ by John S. Diaconis Read MoreImmigration Compliance Issues (2015)
An Overview of Relevant Issues and Recent Developments Click here to view the PDF title ‘Immigration Compliance Issues’ (2015) by Joseph DeGiuseppe, Jr. Read More