Publications

On May 23, 2014, a federal district court invalidated the 340B Program’s orphan drug exclusion after finding that the U.S. Department of Health and Human Services (HHS) acted beyond its statutory authority when it implemented the rule. The 340B Program requires manufacturers to give substantial discounts on outpatient prescription drugs […]

On June 2, 2014, the United States Environmental Protection Agency issued a proposed rule to reduce carbon dioxide emissions from the generation of electricity. The EPA’s Clean Power Plan proposes to reduce emissions nationwide by 30 percent of 2005 levels, by 2030. The proposal’s two main elements are state specific […]

Picture this – your bank has an existing revolving line of credit secured by improved real estate, and the borrower and bank have agreed to increase the principal amount of the line of credit. The bank’s outside legal counsel documented and closed the original loan transaction, so you call counsel […]

On April 1, 2014, the Nebraska Court of Appeals decided Oak Hills Highlands Association, Inc. v. Estate of LeVasseur. The case involved interesting facts and a lesson for homeowners’ associations. Bylaws, declarations, and other organizing documents need to be written in unambiguous language. Specifically, if a homeowners’ association intends to […]

The Nebraska Supreme Court affirmed a city’s use of the “gap and extend” law in Johnson v. City Fremont. Nebraska Revised Statutes section 18-2001, permits a city to “pave any unpaved street . . . which intersects a paved street for a distance of not to exceed one block on […]