Pieter Gunst

White House Introduces SAVE Plan: A Potential Game Changer for Student Loans and Consumer Debt

In a recent turn of events, the White House announced the introduction of the SAVE Plan on August 22. As reported by JDSupra recently, this initiative represents an income-driven repayment plan designed to calculate payment requisites predicated on a borrower’s income and family size rather than the remaining balance of the loan. The proposal brings…

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New Federal Measures Strengthen Mental Health Parity and Addiction Equity Act Compliance

In a significant move for those working in the insurance, healthcare and legal industries, the U.S. federal government introduced new regulations and guidance on July 25, 2023. These changes are aimed at improving adherence to regulations outlined in the Mental Health Parity and Addiction Equity Act (MHPAEA). The requirements of the MHPAEA mandate insurance companies…

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EPA Reveals Preliminary Findings on PFAS Contamination in U.S. Water Systems

The U.S. Environmental Protection Agency (EPA) disclosed its preliminary findings from the fifth Unregulated Contaminant Monitoring Rule (UCMR) under Section 1445(a)(2) of the Safe Drinking Water Act (SDWA) on August 17, 2023. An important mechanism under SDWA, UCMR paves the way for the EPA to gather data pertaining to public water systems’ impacts from “emerging…

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Navigating Money Transmission Laws: A Comprehensive Analysis for Businesses in Payment Services

As various forms of digital payments continue to evolve and impact global economies, the legal underpinnings of these systems grow increasingly critical. A Deep Dive into Payments, an informative podcast series presented by McGlinchey Stafford, has captured attention due to its holistic discussion on the impacts of money transmission laws on entities involved in the…

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Massachusetts AG Intensifies Focus on Motor Vehicle Repossession Compliance

In a recent move reflecting an evolving regulatory landscape, Massachusetts’s Attorney General (AG) is intensifying his office’s focus on the motor-vehicle-repossession sector. The AG’s concentrated efforts came to light in a recent Assurance of Discontinuance (AOD), released on January 17, 2023. In this AOD, the AG made it clear that an investigation is underway concerning…

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India’s Digital Personal Data Protection Act 2023: Challenges and Implications for Global Companies

After a period of prolonged deliberation, India has passed the Digital Personal Data Protection Act of 2023 (DPDPA), marking a significant shift in the country’s data protection framework. The legislation necessitates employers operating in India to closely examine their existing data protection policies and conform to the new law. The DPDPA is set to have…

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Final Guidance for BABA: Navigating Domestic Content Preference Requirements in Government Procurement

On August 23, 2023, almost a year after the Build America Buy America Act (BABA) was signed into law, the federal Office of Management and Budget (OMB) released its “Final Guidance for Grants and Agreements”. This guidance document intends to implement BABA’s domestic content preference requirements. As legal professionals, it’s essential for us to thoroughly…

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Navigating Shared Legal Custody during the Academic Year: A Guide for Legal Professionals

As we approach a new academic year, parents across Pennsylvania are beginning to prepare for the upcoming school year. Shared legal custody, however, introduces another layer of considerations as reported by Obermayer Rebmann Maxwell & Hippel LLP. Shared legal custody refers to the joint responsibility of running a child’s life. Parents are tasked with agreeing…

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Celebrity Settles Cryptocurrency Promotion Case with SEC, Reinforcing Need for Transparency in Endorsements

On August 4, 2023, a notable settlement was reached in the realm of cryptocurrency. Celebrity singer Austin Mahone entered into an agreement with the U.S. Securities and Exchange Commission (SEC), following allegations of a breach of the anti-touting provision of the Securities Act of 1933. The case commenced in the U.S. District Court for the…

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OCC Provides Flexibility for Regulated Institutions Amid Tropical Storm Hilary Aftermath

The Office of the Comptroller of the Currency (OCC) has issued a proclamation in response to Tropical Storm Hilary’s havoc, offering much-needed flexibility to OCC-regulated institutions in California, Nevada, and Arizona. This directive enables affected branches to remain closed “for as long as deemed necessary for bank operation or public safety,” within the discretion of…

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SEC Adopts Cybersecurity Disclosure Rules for Public Companies and Foreign Private Issuers

On July 26, 2023, the Securities and Exchange Commission (the “SEC“) unveiled new regulations mandating public companies and foreign private issuers to divulge key cybersecurity incidents within four business days from when the incident was first detected. Moreover, these entities will be required by law to share specifics regarding their approaches to managing cybersecurity risks,…

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Navigating Bankruptcy and Litigation in Mallinckrodt, Foxconn, and Tobacco Cases

Understanding recent developments in bankruptcy-related litigation is crucial to legal professionals navigating the often convoluted business landscape. An interesting example of this is the recent news concerning Mallinckrodt, a multinational specialty biopharmaceutical company. It has been reported that Mallinckrodt is expected to file for its second bankruptcy in the near future. This follows a negotiation…

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Second Circuit Upholds Dismissal of Whistleblower FCA Case: Government Right to Seek Dismissal Prior to Hearing

In a noteworthy development, on August 21, the U.S. Court of Appeals for the Second Circuit supported the dismissal of a whistleblower False Claims Act (FCA) case. The court delineated that FCA qui tam relator complaints could potentially be dismissed upon the government’s plea, circumventing the need for a hearing. This conclusion is contingent upon…

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Physician Convicted in Uncommon Criminal E/M Fraud Trial: Implications for Healthcare and Legal Sectors

In a recent legal event, a physician has been found guilty in a relatively unusual criminal Evaluation and Management (E/M) fraud trial. This case adds another layer of complexity in understanding E/M services, often described as “the core” of healthcare billing systems. The verdict has broader implications for medical and legal professionals worldwide, emphasizing the…

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