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Major Change to Time Limit on Overpayment Recovery Buried in the Fiscal Cliff

January 1, 2013

One provision in the “American Taxpayer Relief Act of 2012,” the “fiscal cliff” bill, received little attention in the press, but will have a major impact on health care organizations. It expands the time limit on recovering overpayments, and presumably the time limit for making refunds. Since its inception, the Medicare law has waived recovery of overpayments when the recipient of the payment is “without fault.” The law includes a presumption that a recipient is “without fault” after the passage of time. Until now, the presumption took effect “three years after the year in which payment was made.” The amendment increases the time to five years after the year in which payment was made.

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409A Revisited – Important Deadline

November 1, 2012

Do you have employment agreements, severance plans, change of control agreements or similar arrangements? Are the severance and other benefits payable under those arrangements conditioned on the execution of a release? If so, you need to be aware of an upcoming deadline that might require amending those arrangements.

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Benefit Plans: 2013 COLAs

October 1, 2012

The Internal Revenue Service has announced the 2013 cost-of-living adjustments (COLAs) for retirement plans. Most of the limits related to retirement plans are increased.

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Proposed Legislation for the Protection for Fashion Design Could be The Right Fit

October 1, 2012

The fashion industry has long complained about the fact that, unlike European law, U.S. intellectual property law does not offer protection for those who create unique fashion design. Certainly, the prospect for profiting from one’s efforts in creating unique fashion has become grimmer in the age of technology when a designer’s new collection can be immediately photographed, copied and mass produced in China for distribution in strip malls in Minnesota before the designer has even had an opportunity to sell her originals in New York City and Milan.

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MISO Queue Reform Update

April 20, 2012

On March 30, 2012, the Federal Energy Regulatory Commission (the Commission) issued an order conditionally accepting the Midwest Independent Transmission System Operator’s Tariff revisions in Docket No. ER12-309, effective January 1, 2012. MISO proposed the revisions to help further its policy of “first ready first served.” MISO believes that the Tariff changes, which modify its generator interconnection procedures (GIP), will help clear the backlog of projects in the queue and better enable projects that are ready to move forward to do so.

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Living Under the H-1B Cap – Alternative Visa Options and Strategies for Employing Foreign Nationals in the U.S. 

March 1, 2012

The H-1B visa is commonly known as the “workhorse” of U.S. work visas as U.S. companies rely on it more than any other visa to employ foreign workers in the U.S. The H-1B visa is available to employers who want to hire a professional foreign national worker with at least a bachelor’s degree in a relevant field (or its equivalent in work experience) for a job which requires a degree in that field (also known as a specialty occupation) and the employer can demonstrate that it will be paying at least the prevailing wage to the foreign employee.

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Doing Business in Brazil

December 1, 2011

Everyone who has followed events in Brazil over the years has heard year after year that the country was on the verge of emerging as an international economic powerhouse. While it took a while for Brazil to finally emerge, it is certainly the case today that it has arrived, and U.S. manufacturers looking for new markets can no longer have serious aspirations in Latin America without having a Brazil strategy. Why is Brazil so important to U.S. businesses looking for markets for their products? Look at its current standing in the world:

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America Invents Act

October 1, 2011

The most significant revamping of United States patent law in the last 50 years was enacted on September 16, 2011, with President Obama’s signature of the America Invents Act. The Act, which will be implemented over the next 18 months, changes the procedures for obtaining new patents and provides new tools for challenging existing patents. Small businesses need to understand the changing patent laws to adequately manage their intellectual property rights and liabilities. Some of the most important changes to the patent laws are examined below.

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Benefit Plans: 2012 COLAs

October 1, 2011

The Internal Revenue Service has announced the 2012 cost-of-living adjustments (COLAs) for retirement plans. Most of the limits related to retirement plans are increased.

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NLRB Poster on Employee Rights Now Available for Download

September 1, 2011

As we reported previously in our September FredNEWS, effective November 14, 2011 most employers will be required to post a Notice advising employees of their rights under the National Labor Relations Act.

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