Publications & Presentations
We encourage you to peruse this Publications & Presentations section for timely analysis and industry insights, including bylined articles, client alerts, white papers, practice and industry newsletters, audio and video broadcasts, featuring interviews with our lawyers, as well as case studies highlighting compelling legal challenges our clients have faced.
Also, please visit our Events page to learn more about upcoming seminars, CLE programs, and other presentations which may be of interest.
EU and U.S. Reach Data Transfer Agreement: Perhaps a Shield, But No Silver Bullet
Authors: Rafi Azim-Khan, Mercedes K. Tunstall, Steven P. Farmer, Andrew Caplan
On February 2, 2016, the European Commission and the U.S. Department of Commerce reached an accord on a new transatlantic data transfer protocol. Nicknamed the EU-U.S. Privacy Shield, the framework would replace the 15-year-old Safe Harbor, which was invalidated by the European Court of Justice on October 6, 2015.1 Clocking in at the thirteenth hour (two days after the European Commission’s internal January 31st deadline), the announcement may elicit an initial sigh of relief from executives of the several thousand U.S. companies that had relied upon the now-defunct Safe Harbor. But is it the silver bullet some think it might be?
Litigation Highlights 2015
Delivering Success Across Industries: This 32-page brochure illustrates the boom year Pillsbury had within our Litigation practice. It highlights some of the significant matters handled by our litigators in 2015, including cases on behalf of some of the nation’s leading companies in the real estate and construction, consumer and retail, energy, financial services, health care and technology industries.
Government Contractors Brace For Continuing Changes in Cybersecurity Regulations
Authors: C. Joël Van Over, Brian P. Cruz, Travis L. Mullaney
The federal government has responded to recent data breaches by making cybersecurity a top priority, and it continues to consider and implement a number of regulations that affect government contractors.
Here Comes the Sun: New CPUC Tariff Preserves Most Benefits for Rooftop Solar
Authors: Michael S. Hindus, Katherine P. Vorhis
On January 28, 2016, the California Public Utilities Commission (CPUC) voted in a 3-2 decision to approve a new tariff that preserves net energy metering (successor tariff). In retaining net metering, the successor tariff will continue to provide net-metered solar customers an important retail-rate credit for the production of surplus solar energy at modified retail rates. The successor tariff is a big win for the solar industry in California, but uncertainty still exists surrounding the implementation and future of some of the successor tariff’s policies, including the imposition of new time-of-use rates for net-metered customers.
CMS Proposes Expansion of RAC Program to Medicare Part C – All Medicare Advantage Contracts to Become Target of RADV Audits
Authors: Thomas C. Hill, Kristi V. Kung
On December 22, 2015, the Centers for Medicare & Medicaid Services (CMS) released a request for information (RFI) and a proposed statement of work (SOW) seeking industry feedback on the expansion of the recovery audit contractor (RAC) program to Medicare Part C through the proposed incorporation of RACs into CMS’ Risk Adjustment Data Validation (RADV) audit process. CMS currently contracts with RACs to identify and correct overpayments and underpayments in Medicare Parts A, B, and D and Section 6411(b) of the Patient Protection and Affordable Care Act of 2010 (PPACA) required expansion of the RAC program to Medicare Part C. The RFI seeks comment on expanding the Recovery Audit Program to include the identification and correction of overpayments and underpayments associated with diagnosis data submitted to CMS by Medicare Advantage Organizations (MAOs) for Part C payment.