Publications

In Cariou v. Prince, 11-1197- cv (2d Cir. April 25, 2013), the Second Circuit reversed in part and remanded in part a district court’s determination that artist Richard Prince infringed photographer Patrick Cariou’s copyrights when he used copies of Cariou’s photographs in a series of collages. The Second Circuit held […]

Conditions of Participation On June 7, 2013, CMS released a helpful Memorandum1 clarifying the role that telemedicine can play in meeting CAH emergency room standards, both under conditions of participation and for EMTALA compliance. The Memorandum was triggered by widespread “misconceptions” on the part of critical access hospitals about whether […]

Gone are the days when compliance training could be dispensed through a 15-minute video. The heightened enforcement atmosphere makes it increasingly likely that your program, office or facility will be audited or the subject of an unannounced onsite government investigation.   During such investigations, employees are commonly asked compliance questions […]

The Nebraska Court of Appeals recently affirmed a district court holding that flawed construction caused water damage to a home and breached an implied warranty to perform in a workmanlike manner. Oettinger v. Hiatt, 2013 Neb. Ct. App. Lexis 17. In 2004, the Hiatts constructed a house in North Platte […]

With the expansion of oil, gas, and mineral exploration, understanding mineral rights and claims is ever more important. A “severed” mineral interest occurs where the owner of the surface of the land is different from the owner of the minerals within the land. In such instances, Nebraska’s Dormant Mineral Statutes […]