Law Firm News

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Law Firm News

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Baker & Hostetler, L.L.P.

BNA Medicare Report: IME Resident Counting Regulation May Be Susceptible to Legal Challenge
Houston partner Gregory Etzel authored an article for the November 17 edition of the Bureau of National Affairs Medicare Report titled, "IME Resident Counting Regulation May Be Susceptible to Legal Challenge."

The article focuses on the final rule—revising the hospital inpatient prospective payment system for fiscal year 2007—implemented by the Centers for Medicare & Medicaid Services (CMS) which "made important changes to its policies potentially affecting hospitals' reimbursement of direct and indirect graduate medical education costs ('GME' and 'IME,' respectively)."

According to Etzel, "The most significant of the changes involved 'clarifications' concerning the counting of full-time equivalent (FTE) residents. The number of FTE residents is a critical component in both the GME and IME reimbursement calculations. For GME purposes, the number of FTE residents is multiplied by a hospital's 'per-resident amount' and the hospital's Medicare share of total inpatient patient days to arrive at the Medicare reimbursement amount."

Etzel continues: "Among the changes, CMS spent a considerable amount of time 'clarifying' its interpretation of the statutory phrase 'activities relating to patient care' for purposes of including resident time in the FTE count for residents rotating through nonhospital settings for both IME and GME purposes."

Etzel goes on to explain the new regulatory definition of "patient care activities," and discuss what may be a statutory misinterpretation that inappropriately reduces reimbursements to hospitals, including noting that at least one court "has recognized this flaw in the agency's statutory analysis."

Etzel concludes with the potential legal challenge to the revised rule, stating: "Depending on the impact, hospitals may seek to challenge the reduced reimbursement effected by the rule change. Ultimately, the courts may determine whether the agency's 'patient care requirement' for counting FTE resident properly administers the IME payment mandated by Congress."

11-17-2006

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Hill, Ward & Henderson, P.A.

SHUBHAM ARORA JOINS HILL, WARD & HENDERSON, P. A.
Hill, Ward & Henderson, P. A., is pleased to announce that Shubham V. Arora has joined the firm as an associate in the Corporate & Tax and Real Estate Development & Finance Groups. Mr. Arora formerly practiced with the law firm of Squire, Sanders & Dempsey L.P.P. in Cleveland, Ohio. He is a graduate of Vanderbilt University Law School.

11-17-2006

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Goodkind, Labaton, Rudoff & Sucharow, L.L.P.

LABATON SUCHAROW & RUDOFF LLP FILES CLASS ACTION LAWSUIT AGAINST Jabil Circuit, Inc.
Labaton Sucharow & Rudoff LLP filed a class action lawsuit on November 17, 2006, in the United States District Court for the Southern District of New York, on behalf of persons who purchased or otherwise acquired publicly traded securities of Jabil Circuit, Inc. ("Jabil" or the "Company") (NYSE: JBL) between September 19, 2001 and June 21, 2006, inclusive, (the "Class Period"). The lawsuit was filed against Jabil and certain officers and directors ("Defendants").

If you are a member of this class you can view a copy of the complaint and join this class action online at http://www.labaton.com.

The complaint alleges that Defendants violated Sections 10(b) and 20(a) of the Securities Act of 1934, 15 U.S.C. Sections 78j(b), 78n(a), and 78t(a) and Rule 10b-5 promulgated thereunder as well as 17 C.F.R. Sections 240.10b-5. Specifically, the complaint alleges that Jabil and certain officers and directors manipulated the prices of stock option grants and made materially false and misleading statements and or omitted material facts necessary to make those statements not misleading. The practice of backdating its stock options caused the Company to understate its compensation expense and thereby overstated its reported earnings. When the truth about the Company’s stock options backdating emerged publicly, Jabil’s stock declined as a result.

Plaintiff is represented by the law firm of Labaton Sucharow & Rudoff LLP. Labaton Sucharow is one of the country’s premier national law firms that represent individual and institutional investors in class action, complex securities and corporate governance litigation. The firm has been a champion of investor rights for over 40 years and has been recognized for its reputation for excellence by the courts.

11-17-2006

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Gide, Loyrette & Nouel, PC

Chambers Awards 2006: Gide Loyrette Nouel named "French Law Firm of the Year"
Gide Loyrette Nouel was named "French Law Firm of the Year" at the 2006 edition of the Chambers Awards held on 16 November.

It is the fourth time this year that Gide Loyrette Nouel has been singled out by English and American reviews for its reputation and its lawyers’ expertise. The Firm received the following prizes:

Client Choice Award for France (September 2006), awarded by the British review International Law Office.

French Law Firm of the Year (April 2006) awarded by the British review International Financial Law Review at the 2006 IFLR Awards.

France's Legal Firm of the Year (March 2006) awarded by the American review Who's Who at the Who's Who Legal Awards 2006.

11-17-2006

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Wiley, Rein & Fielding, L.L.P.

Thomas Brunner to Co-Chair the Washington Lawyers’ Committee for Civil Rights and Urban Affairs Board of Directors
Wiley Rein & Fielding partner Thomas W. Brunner, head of the firm’s Insurance Practice, has been selected to serve, with Melvin White of McDermott, Will & Emery LLP, as co-chair of the Board of Directors of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs.

Mr. Brunner and WRF have a longstanding relationship with the Lawyers’ Committee Board. As part of its pro bono efforts, the firm frequently partners with the group to handle cases involving employment, housing and public accommodations. Currently, WRF works with the Washington Lawyers’ Committee to represent the Disability Rights Council and 13 individuals with significant disabilities in a class action law suit against MetroAccess, the curb-to-curb "paratransit" service provided by Metro.

The Washington Lawyers’ Committee for Civil Rights and Urban Affairs has represented both individuals and groups seeking to vindicate their civil rights for over 35 years. It has handled over 5,000 civil rights cases, in employment, housing, public accommodations, and other aspects of urban life. It represents people with claims of discrimination based on race, gender, national origin, disability, age, religion, and sexual orientation. Leveraging its own broad expertise in discrimination litigation with the resources of Washington, DC’s private bar, the Committee’s litigation efforts have become nationally known for landmark court victories, record judgments, and precedent-setting consent decrees. Its capacity to mobilize the private bar has made it possible for the Committee to provide its clients more than 50,000 hours of quality legal representation every year. Nearly 50 leading DC law firms are represented on its Board of Directors.

11-17-2006

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Varnum LLP

McKenney Addresses Financial and Estate Planning Council
Varnum, Riddering, Schmidt & Howlett LLP attorney Paul L.B. McKenney addressed recent developments in estate tax valuation at the Financial and Estate Planning Council of Macomb, Inc. on September 28 during the council's annual meeting in Harrison Township.

McKenney, who specializes in federal taxation, is a partner in Varnum's Tax Group in the firm's Novi office. He has been practicing law for over 32 years. McKenney is a frequent speaker at the Institute of Continuing Education and other tax forums.

11-17-2006

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Varnum LLP

McKenney Speaks to Various Forums
Varnum, Riddering, Schmidt & Howlett LLP attorney Paul L.B. McKenney has addressed various forums this fall speaking on tax related issues.

McKenney addressed the Financial and Estate Planning Council of Macomb, Inc. on September 28 during their membership meeting in Harrison Township. He spoke on the recent developments in estate tax valuation.

During the 2006 American Bar Association's Joint Fall CLE Meeting on October 21, McKenney participated on a panel discussing "Preserving Capital Gains and Real Estate Developments" in Denver, Colorado.

McKenney also spoke on November 2 at the Family and Closely Held Business Institute in Plymouth.

McKenney, who specializes in federal taxation, is a partner in Varnum's Tax Group in the firm's Novi office. He has been practicing law for over 32 years. McKenney is a frequent speaker at the Institute of Continuing Education and other tax forums.

Established in 1888, Varnum, Riddering, Schmidt & Howlett LLP is a leading Michigan law firm providing a broad range of legal services to meet the complex needs of its clients.

11-17-2006

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