Publications

Last month (July 2018),we discussed what type of use constitutes “use in commerce” in order for a trademark to be registrable with the Trademark Office. In addition to use in connection with a type of commerce capable of being regulated by Congress, the trademark must be in general use by […]

On June 15, 2018, the Iowa Supreme Court, in Andersen v. Khanna1, broadened the scope of Iowa’s informed consent doctrine by requiring physicians to disclose their personal information if such information would be material in a reasonable patient’s decision whether or not to undergo a proposed procedure. In 2004, Dr. […]

In the 2018 legislative session, the Nebraska Unicameral passed a bill updating the Wounds of Violence reporting statute. It was signed into law, and became effective on July 19, 2018. The update made a few substantive changes that Nebraska hospitals must be aware of and implement in applicable hospital policies, […]

On July 27, 2018, as part of the 2018 Medicare Physician Fee Schedule, CMS proposed changes to the coding and documentation requirements for E&M services which would have a substantial impact on providers if finalized. In proposing these changes, CMS reasoned that the current E&M rules are outdated, have been […]

In the latest development in the battle between retailers and the card networks over swipe fees, the Supreme Court ruled on Monday, June 25, 2018, that American Express’ anti- steering rules, which prevent merchants from encouraging customers to use other card types, such as Visa and Mastercard, do not violate […]