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Unpacking Schrems II: The Demise of the EU-U.S. Privacy Shield

Posted by: Shelley M. Jackson, Robert A. Greising, and Virginia A. Talley on October 20, 2020

On July 16, 2020, the Court of Justice of the European Union (CJEU) in Luxembourg issued its long-anticipated decision in the case of Data Protection Commission v. Facebook Ireland, Schrems (Schrems II). The decision concludes two years of litigation of a complaint initiated by Austrian privacy...


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Indiana Improves Telemedicine Reimbursement During COVID Emergency

Posted by: Brandon W. Shirley and Stephanie T. Eckerle on October 19, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

The Indiana Office of Medicaid Policy and Planning (“OMPP”) announced new changes to telemedicine reimbursement that aligns all Medicaid payor policies (fee-for-service and Medicaid managed care). The changes, applicable to claims with dates of service beginning September 24, 2020, allow...


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Patient May Raise Vicarious Liability of Hospital for Unnamed Physicians in Medical Review Panel Submission

Posted by: Julie A. Rosenwinkel and Nicole M. Keith on October 19, 2020

Recently, in Anonymous Hospital v. Mason Spencer and Steve Robertson, Commissioner of The Indiana Dept. of Insurance, and Doug Hill, Medical Review Panel Chair, 20A-CT-393, the Indiana Court of Appeals held that a patient may assert negligence on the part of nonparty physicians in his submission...


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Virtual Discovery: New Considerations in the New Normal

Posted by: Matthew C. Branic and Elizabeth M. Roberson on October 8, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

The “new normal” brought on by the Covid-19 pandemic has ushered in the era of virtual meeting technology and other connective platforms as substitutes for in-person communication. Platforms such as Zoom, Microsoft Teams, Skype, Webex, Google Hangouts, and GoToMeeting have become mainstays in...


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SBA Guidance on Change of Ownership for PPP Borrowers

Posted by: Robert A. Greising and Corben A. Lee on October 8, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On October 2, 2020, a Procedural Notice issued by the SBA (the “Notice”) became effective that provides information and procedures addressing requirements for approval of changes of ownership for an entity that has received funds under the Paycheck Protection Program (“PPP”). The Notice put in...


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Helping Hoosiers: Indiana Extends Flexibility on Temporary Licensing of Health Care Workers

Posted by: Andrew W. Breck and Shelley M. Jackson on October 7, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Governor Holcomb recently issued Executive Order 20-45 extending the ability of certain health care providers to practice in the State of Indiana in response to the current COVID-19 public health emergency.  Specifically, the Executive Order applies to the following health care professionals who...


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The [Economic] Reality for Employers: The Department of Labor's Proposed New Rule for Determining Independent Contractor Status

on October 5, 2020

Court Decision Clears Way for Broader Use of Postnuptial Agreements

On September 22, 2020, the U.S. Department of Labor (“DOL”) announced a new proposed rule that could affect whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (“FLSA”). The proposed rule sets forth the “economic reality” test as the proper test for...


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