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Articles by Stephen Byrnes
Visit India for a Short Trip with The Seamless eVisa
(YourDigitalWall Editorial):- New Delhi, Delhi Jun 18, 2024 (Issuewire.com) – India is one of the most visited countries because of its beautiful scenic nature and business opportunities. At the same time, the country is also widely known for its medical procedures, attracting a lot of foreign nationals every year. Entering the country would need a passport along with a valid visa. Now the government issues two kinds of visas, a traditional paper meant for long stays in the country.
Optometry Veteran, Stephen Byrnes, OD, FAAO, Celebrates Over Four Decades of Excellence in Eye Care
New York City, New York Jun 19, 2024 (Issuewire.com) - Dr. Stephen Byrnes is being celebrated for his remarkable achievements and unwavering dedication to the field of optometry spanning over forty years.
Myths of Vegetarianism
Read this in: Português Español Originally published in the Townsend Letter for Doctors & Patients, July 2000. Revised January 2002. “An unflinching determination to take the whole evidence into account is the only method of preservation against the fluctuating extremes of fashionable opinion.”—Alfred North Whitehead Bill and Tanya sat before me in my office in a somber mood: they had just lost their first baby in the second month of pregnancy. Tanya was particularly upset.
Big Mother: Making the Case for a Juvenile Right to Privacy
For a certain portion of our population, there are no more “mysteries of the night”. The advent of tracking devices and applications has brought about a new perceived parental duty: to know where your child is at all times. The devices ask: how much would you pay for peace of mind? For a parent, the allure of knowing exactly where your child is at all times overcomes any unease with the marked invasion of their children’s privacy.
Is Never Returning to Work a Reasonable Accommodation? Fifth Circuit Says No
On March 15, 2017, in Moss v. Harris County Constable Precinct One, the Fifth Circuit Court of Appeals reaffirmed that an employer is not required to accommodate an employee who is requesting indefinite leave as a reasonable accommodation. Robert Moss, who was a deputy with Harris County Constable Precinct One for 16 years, claimed he had been wrongfully discharged in 2013 while on leave following back surgery.
Acting IRS Chief Counsel appoints new Deputy Chief Counsel (Operations)
The Acting Chief Counsel announced that effective April 1, 2017, Drita Tonuzi will serve as the Deputy Chief Counsel (Operations), in Washington DC. In this position, Ms. Tonuzi will provide legal guidance and litigation support to the Internal Revenue Service (IRS) and the Departments of Treasury and Justice in all matters pertaining to the administration and enforcement of the Internal Revenue laws.
Port Authority Not Subject to Worker-Friendly New Jersey Whistleblower Law, State Court Rules
The Port Authority of New York and New Jersey is not subject to suit under New Jersey’s expansive whistleblower statute, the Conscientious Employee Protection Act, the New Jersey Appellate Division has held. Sullivan v. Port Auth. of N.Y. & N.J., 2017 N.J. Super. LEXIS 33 (App. Div. Mar. 15, 2017). Often called the most employee-friendly whistleblower law in the country, CEPA (N.J.S.A. 34:19-1 to -14) protects employees from retaliation for opposing or disclosing any unlawful activity.
New Healthcare Workplace Safety Prevention Laws Take Effect April 1, 2017, in California
Healthcare employers in California should prepare for a host of new workplace safety requirements, starting this weekend. California’s new healthcare workplace safety prevention law takes effect April 1, 2017. The scope of the regulation affects almost all health care facilities, medical groups, and several other care facilities including senior care centers, nursing homes, and retirement homes.
Alvarez v. Syar Industries: Motor Vehicle Accident Jury Verdict from Napa California
In California accident cases, it is common for insurance carriers and defense attorneys to try to dispute liability in an effort to establish the comparative fault of injured plaintiffs. A recent case, Alvarez v. Syar Industries – Napa County Superior Court Case No. 26-67154, demonstrates how some defense lawyers and insurance companies attempt to place blame on the injured victims.
Interior Secretary Immediately Implements President’s Executive Order on Energy and Climate
New Secretary of the Interior Ryan Zinke wasted no time implementing the mandates of the Trump Administration’s most recent Executive Order (EO), “Promoting Energy Independence and Economic Growth,” which was issued on March 28. On March 29, the Secretary issued two Secretarial Orders (SO) implementing the March 28 Order, and took additional administrative action consistent with its mandates. Separately, the Secretary has reinstated a public-private advisory committee to address royalty issues.
Supreme Court Clarifies the Scope of Copyright Protection for Features of Useful Articles
The Supreme Court’s recent decision in Star Athletica L.L.C. v. Varsity Brands, Inc. clarifies that the original designs on useful articles, such as common household items and personal electronics, may be protected by copyright if they can be imagined separate and apart from the article, and if, when identified and imagined separately, would qualify as pictorial, graphic or sculptural works either on their own or when fixed in some other format (e.g., a painting or sculpture).
Virginia Ash Pond Seeps Violate CWA, But Do Not Warrant Civil Penalty
A recent federal court ruling in a Sierra Club lawsuit against Dominion Virginia Power alleging violations of the Clean Water Act (CWA) raises key questions about how other courts will interpret “point source” and “navigable waters” relative to ash ponds and groundwater releases, and whether a reasoned cost-benefit analysis can be used to substantially mitigate civil penalties and remedy selection.
What Employers Need to Know About Immigration Raids on Their Premises
Restaurateurs and other employers usually are not experts in conducting forensic evaluations of work authorization documents — nor are they expected to be. According to some Pew Research Center estimates, 20 percent of cooks in restaurants nationwide and at least 30 percent of dishwashers who may be undocumented nevertheless succeed in being hired as legal employees.
ITC Sanctions for “Staggering” Destruction of Evidence Upheld
Addressing the imposition of sanctions for spoliation in a US International Trade Commission (ITC) case, the US Court of Appeals for the Federal Circuit upheld the ITC’s imposition of default judgment sanctions and an exclusion order for the willful destruction of evidence, twice citing the administrative law judge’s characterization of the behavior as “gross bad faith.” Organik Kimya, San. Ve Tic. A.S. v. ITC, Case No. 15-1774 (Fed. Cir., Feb. 15, 2017) (O’Malley, J).
Federal Circuit Evaluates PTAB Reliance on Expert Testimony to Satisfy Substantial Evidence
Addressing for the first time the extent to which the Patent Trial and Appeal Board (PTAB) may rely on expert testimony to satisfy the substantial evidence standard of review, the US Court of Appeals for the Federal Circuit affirmed in part, vacated in part and remanded the PTAB’s decision of obviousness in an inter partes reexamination proceeding. Icon Health & Fitness, Inc. v. Strava, Inc., Case No. 2016-1475 (Fed. Cir., Feb.
Buyer Beware: Purchasing Assets from a Unionized Employer May Come with a Nasty Withdrawal Liability Surprise
Asset purchases are commonplace in the hospitality industry, where ownership in restaurants, hotels, and country and leisure clubs regularly changes hands via asset purchases. Asset purchases are often favored by an acquiring party as a means to acquire assets, but not the corresponding liabilities, which allows for greater fluidity in the market and enables the owner/operator to keep pace with the industry’s ever-changing demands and trends.
Are Protections for Part-Time Employees the New Trend in Employment Law?
According to the U.S. Department of Labor, two out of every five employees in the hospitality industry work part time, which is more than double the ratio for most other industries. Part-time employees are a boon for owner/operators because they provide the flexibility in a workforce that caters to a fluctuating demand. For example, part-time workers can work full shifts during busy periods and fewer shifts during slower ones.
Bankruptcy Litigation: A Big Haircut for Indenture Trustee Counsel Fees
In Nortel Network’s (“Nortel”) chapter 11 case, In re: Nortel Networks Inc., et al., United States Bankruptcy Court for the District of Delaware, Case No. 09-10138(KG), Bankruptcy Judge Kevin Gross recently reduced the Indenture Trustee’s counsel fees by $913,936.00 in response to heavily litigated objections to the fees by noteholders, Solus Alternative Asset Management LP (“Solus”) and PointState Capital LP (“PointState”) (collectively the “Objecting Noteholders”).
President Trump Reverses Federal Approach on Climate Change
On March 28, President Trump signed a wide-ranging executive order to reverse, rescind, revise and request further review of a multitude of climate change initiatives implemented by the prior administration.
Who Can Sue Under Pennsylvania Human Trafficking Statute?
In my prior post, I wrote about the first civil lawsuit filed under Pennsylvania’s Human Trafficking Statute. In my next series of posts, I will break down the various aspects of this statute. I’ll begin with a discussion of who can bring a civil case under the statute. In short, the statute allows any “victim of the sex trade” who has suffered damages to bring a claim.
CMS Delays Implementation of Mandatory Rehabilitation Incentive and Bundled Payment Models
Last week the U.S. Department of Health and Human Services, Centers for Medicare & Medicaid Services (CMS) released an interim final rule that delays by three months the Cardiac Rehabilitation Incentive Model and three mandatory bundled payment models (heart attack, cardiac bypass, and hip/femur fracture surgery). The interim final rule also delays by three months regulatory changes to the existing mandatory Comprehensive Care for Joint Replacement Model.
PTO Litigation Report - March 30, 2017
Listed below are all new filings before the PTAB of petitions for inter partes review (IPR) and covered business methods review (CBM). Since the last report, no new requests for ex parte reexamination at the USPTO have been posted. This listing is current as of 9 AM on Thursday, March 30, 2017. Title – METHOD AND APPARATUS FOR DETECTION OF DROWSINESS Petitioner – SAMSUNG ELECTRONICS CO., LTD.; SAMSUNG ELECTRONICS AMERICA, INC.
Labor Secretary Nominee Faces Committee Vote
The Senate Committee on Health, Education, Labor and Pensions (HELP) will vote on whether to confirm R. Alexander Acosta as Labor Secretary on March 30, 2017. In his confirmation hearing on March 22, Acosta fielded questions from senators that focused on the Labor Department’s controversial overtime rule, which was blocked by a federal district court judge in Texas and is on appeal at the U.S. Court of Appeals for the Fifth Circuit.
Lloyd’s of London Announces Opening of Brussels Office to Safeguard Business Post-Brexit
On 30 March 2017, Lloyd’s of London confirmed that it will establish a new subsidiary in Brussels, which will be operational for the 1 January renewal season in 2019. The announcement follows on immediately from the UK Government’s formal triggering of the Brexit process on 29 March 2017.
Standard for Inventorship: Five Things Academic Scientists Should Know When Pursuing Their First Patent - Part II of V
Authorship is the currency of academia, and principle investigators are often generous with technicians and collaborators when listing authors on a paper. However, the identification of an “inventor” has legal significance in the U.S. and cannot be applied to those who have not made an inventive contribution. Inaccurately granting or denying inventorship can result in the invalidation of a patent.
Resurgence in Coal: Can Politics “Trump” Economics?
President Trump’s repeated proclamation of his desire to restore coal jobs certainly appealed to unemployed miners in the coal fields. True to his word, the new administration has reeled in regulatory initiatives put in place by his predecessor which were viewed as detrimental to the coal industry.
Oregon Lawmakers Consider Carbon Pricing Legislation
In 2007, Oregon passed legislation establishing greenhouse gas (“GHG”) reduction targets: 10 percent below 1990 levels by 2020 and 75 percent below 1990 levels by 2050.[1] But a new report shows that Oregon is unlikely to meet those goals and will emit 20 percent more than its goal in 2020.[2] Oregon lawmakers are currently considering several carbon pricing bills — including a cap-and-trade program, a carbon tax, a cap-and-fee program, and a GHG emission rule issued by the state’s...
Proposed Cybersecurity Legislation Offers Opportunities for Technology Companies
The United States benefits greatly from the use of cyber technology to facilitate every aspect of modern life – to operate the government, critical infrastructure, and general business and citizen enterprises. These advantages, however, come with challenges. Reliance on information technologies and industrial control systems has made our nation highly vulnerable to foreign cyber-attack or intrusion.
Arbitration Agreements in Finance: The Value of a Delegation Clause
Arbitration protects financial institutions from the risk of a runaway jury in an unfavorable jurisdiction, so most consumer finance contracts contain arbitration clauses. And, of course, most plaintiffs’ lawyers try to avoid arbitration clauses for the same reason. Typical arguments are that the plaintiff’s claims fall outside the scope of the agreement; that the agreement was procured by fraud; or that the agreement is procedurally or substantively unconscionable.
Supreme Court Hears Argument on Appellate Jurisdiction after Denial of Class Certification
Whether a federal court of appeals has jurisdiction to review an order denying class certification after the named plaintiffs voluntarily dismiss their claims with prejudice was the issue before the U.S. Supreme Court on March 21, 2017, when the Court heard oral argument in Microsoft Corporation v. Baker, No. 15-457.
Federal Contractor “Blacklisting” Rules Repealed
As we previously covered, most of the Fair Pay and Safe Workplace Executive Orders and related regulations were halted by an injunction in a Texas federal court in October of last year.
Common Sense Prevails: “Tougher” To Satisfy Rule 9(b) Standard in “Implied Certification” FCA Case Arising from GSA Schedule Contractors’ Alleged TAA Non-Compliance | The National Law Review
A U.S. District Court recently dismissed a False Claims Act (FCA) qui tam action alleging that numerous GSA Schedule contractors violated their obligations under the Trade Agreements Act (TAA), resulting in the submission of false claims under the “implied certification” theory of FCA liability. As discussed further below, the court’s decision — United States ex rel. Berkowitz v. Automation Aids, No. 13-C-08185, 2017 WL 1036575 (N.D. Ill. Mar.
C-THRU’s Proposed Changes to Negotiated Prices - Demonstration of Part D Program’s Complexities and Misunderstandings
As described in last week’s post, Senator Wyden has introduced the C-THRU Act that seeks to require public disclosure of PBM rebate amounts, establish a minimum rebate percentage that PBMs must pass on to Part D and Exchange Plan clients, and intends to change the definition and/or application of “negotiated prices” under the Part D program. This post focuses on the portion of the C-THRU Act that relates to Part D negotiated prices.
Supreme Court Hears "Church Plan" ERISA Class Action Cases
On Monday, the Supreme Court heard oral argument in the consolidated “church plan” cases, Advocate Health Care Network v. Stapleton, St. Peter’s Healthcare System v. Kaplan, and Dignity Health v. Rollins. As an initial matter, unless the Senate confirms Neil Gorsuch in the very near future, the case will be decided by an eight-Justice court.
ABA-IPL Section Proposes Amendments to s. 101 - Too much of a “Good Thing”?
The ABA-IPL Section sent proposed amendments to PTO Director Lee intended to lessen the burden on patent applicants encountering the Mayo/Alice Rules for patent-eligible subject matter. The proposed amendments list exceptions to eligibility. The exceptions are that the claims would preempt the use by others of all practical applications of a law of nature [ed. note: Including natural products?], natural phenomenon [ed. note: correlations between biomarkers and disease states?], or abstract idea.
EEOC Priorities To Stay The Same, But Changes May Still Occur
In a recent blog post, we discussed the potential impact that President Donald Trump’s administration would have on labor and employment laws and enforcement priorities. According to Victoria Lipnic, who President Trump named as the Equal Employment Opportunity Commission’s (EEOC) acting chair, she does not expect any major changes to the EEOC’s priorities, which were detailed in the agency’s 2017-2021 strategic enforcement plan in October 2016.
Nominal Damages in Section 1983 Litigation; Creatively Crafting Your Jury Instructions
In Moore v. Liszewski, 838 F.3d 877 (7th Cir. 2016), an Illinois state prison inmate brought a Section 1983 claim against a correctional official, Peter Liszewski, for using excessive force against him almost a decade ago. The inmate’s initial suit, Moore v. Mahone, was previously dismissed, and on remand, a jury was left to determine if the correctional officer used excessive force against the inmate.
General Services Administration IG Questions Pricing Evaluation of Professional Services Schedules
GSA is reevaluating price reasonableness for all new consolidated PSS schedules, which may result in requests for price reductions or even post-award audits for some contractors.
Don’t Fight the Grievance System - Take What the Grievance System Gives You
You provide quality care to a large, complicated, and oftentimes thankless patient population. An inmate grievance is then lodged against you – the content of which may have no basis in fact or medicine. This is annoying. You feel confident that you provided any and all medically necessary care and your charting is on point, so you brush off the grievance knowing it to be unfounded. This is where you go wrong.
Liability Waiver in Pre-Employment Disclosure Form is Unlawful, Says Ninth Circuit
In Syed v. M-I, LLC, the U.S. Court of Appeals for the Ninth Circuit recently held that a prospective employer violated the disclosure requirements of the Fair Credit Reporting Act (FCRA) by including a liability waiver in a job applicant’s pre-employment form.
Admissibility of Internet Sources Under Learned Treatise Exception
In 1989, English scientist Tim Berners-Lee invented the World Wide Web. This invention would mark the beginning of the Information Age – a period of human history that has shifted the Industrial Revolution’s industrialization-focused economy to a “knowledge economy” based on information computerization. In 2017, we are still in the midst of the Information Age. The increased popularity of smart phones, tablets, and personal computers has put information at our fingertips.
Jevic Holding Corp.: Supreme Court Shoots Down Non-Consensual, Priority-Skipping Structured Dismissals 6-2
The Supreme Court issued its much-anticipated ruling in Czyzewski v. Jevic Holding Corp., 580 U.S. ___ (2017)1 on March 21, reversing the Third Circuit Court of Appeals’ affirmance of an order approving the distribution of the proceeds of settlement of bankruptcy estate causes of action to general unsecured creditors via structured dismissal, with no distribution to holders of priority wage claims. The Court framed the question presented, and its ruling, very narrowly—twice.
New FBI Warning for Healthcare Providers: Cybersecurity
The FBI has issued new guidance specifically applicable to medical and dental facilities regarding the cybersecurity risk of File Transfer Protocol (“FTP”) servers operating in “anonymous” mode. FTPs are routinely used to transfer information between network hosts.
Fourth Circuit Rejects Retirees’ Claim for Vested Health Benefits
The Fourth Circuit upheld an employer’s unilateral decision to amend a collective bargaining agreement to cap employer contributions to retiree health benefits and freeze Medicare reimbursements for hourly retirees. In so ruling, the Court applied general contract principles, as required by the Supreme Court’s decision in M&G Polymers USA, LLC v. Tackett, 135 S.
Illinois Department of Public Health Proposes New Rules to Identify and Remediate Distressed Facilities
With P.A. 96 - 1372 (the Act), the Illinois General Assembly amended the Illinois Nursing Home Care Act to establish a classification of nursing homes to be known as “distressed facilities.” The term is intended to be the licensure equivalent of “special focus facilities” (SFFs), the U.S. Centers for Medicare & Medicaid Services’ (CMS) designation for a poorly performing facility.
Democratic Lawmakers Introduce WFMLA Insurance Trust Proposal
Democratic lawmakers in the Wisconsin Legislature introduced a bill to expand the Wisconsin Family and Medical Leave Act (WFMLA) and to create a new family and medical leave insurance program. Under current law, all employers with 50 or more permanent employees must allow employees to use applicable WFMLA leave to which the employee is entitled. The proposed legislation would lower the threshold for employer coverage from 50 employees to 25 employees.
Office of Inspector General Expands Anti-Kickback Statute and Civil Monetary Penalties Protections (Part 2)
As we discussed in a previous post, the Department of Health and Human Services Office of Inspector General (OIG) published a final rule (Final Rule) amending the safe harbors to the Anti-Kickback Statue (AKS) and also amending exceptions to the Civil Monetary Penalties rule (CMP), providing greater protection for certain arrangements with beneficiaries. In this second part of our two-part series, we discuss the Final Rule’s changes to the CMP.
EPA Releases Inventory Report of Mercury Supply, Use, and Trade in the U.S.
On March 29, 2017, the U.S. Environmental Protection Agency (EPA) issued in the Federal Register a notice releasing its initial inventory report of mercury supply, use, and trade in the United States pursuant to Section 8(b)(9)(10) of the amended Toxic Substances Control Act (TSCA).
How to Get Your Law Firm Website Up to Speed [INFOGRAPHIC]
Google loves speed. The faster a web page loads, the greater the user satisfaction. In fact, Google measures page speed load in microseconds and believes it is especially important on mobile devices when consumers are searching “in the moment” and will not tolerate slow loading times. You see, research has shown that most consumers expect a web page to load in no more than two seconds.
Nursing Home’s Incident Investigation Subject to Discovery Absent QA Committee Oversight
Illinois nursing homes must produce investigation records of a resident incident unless the facility’s Quality Assurance Committee directed the investigation, according to a new Illinois Appellate Court case. In Lindsey v.
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