Publications

In August 2010, the Idaho State University notifi ed the HHS Office for Civil Rights (the “OCR”) that, after they performed routine server maintenance for their Pocatello Family Medicine Clinic, technicians failed to put the server firewall back into place. This left the protected health information on 17,500 patients exposed […]

The U.S. Department of Health and Human Services Office of Inspector General (“OIG”) recently released an updated Special Advisory Bulletin1 covering the scope and effect of exclusion from Federal health care programs. The updated bulletin replaces and supersedes the OIG’s 1999 Special Advisory Bulletin on the effect of exclusion, and […]

On April 24, 2013, the CFPB released a white paper of initial data findings regarding a study the CFPB conducted into payday loans and deposit advance products.1 Based on its findings, the CFPB concluded that these products were harmful to consumers because they are provided without adequate analysis into an […]

On April 5, 2012, Nebraska Governor Dave Heinemen signed the Nebraska Uniform Real Property Transfer on Death Act (the “Act”) into law. This law was effective as of January 1, 2013.   Upon your death, a Transfer of Death (“TOD”) deed allows you to transfer real estate to your designated […]

A prepayment is a prepayment is a prepayment, right?    Not necessarily. In determining the enforceability of prepayment fee provisions, courts historically have drawn a distinction between the borrower’s voluntary prepayment of a loan (i.e., a refinancing) and so-called “involuntary” prepayments, such as application of collateral proceeds or funds received through enforcement actions after a lender’s acceleration of the loan due to […]