PHYSICIAN DISABILITY CLAIMS
Physicians are facing increasing opposition from disability insurance carriers regarding claims for “own occupation” disability policies. This scrutiny and opposition is a predictable reaction to the expensive claims, which typically have long payouts including COLA and life-time riders, and the fact that the degree of disability or physical impairment necessary to substantially impede…
California courts have been active concerning peer review issues, ruling on three major decisions in the month of August. The Court of Appeals of California and the Federal District Court for the Northern District of California issued opinions further clarifying peer review processes in the state. These decisions not only affect practitioners within California, but also will influence courts across the country faced with the similar issues.Continue Reading Peer Review Hot Topic for California Courts
As published in the September 2007 edition of Bulletin, a publication created by the AlleghenyCounty Medical Society.
While medical practice acquisitions continue, some physicians and practices are returning to private practice. These returns are sometimes driven by regional strategies, specialty strategies, or just individual decisions made on a physician-to-physician basis, some voluntary and some involuntary. Although returning to private practice presents many of the same issues as starting a new practice, we will focus on those issues as they are presented in a return to private practice environment. The return to private practice is actually more similar to a separation from an existing practice because, rather than starting a new practice, you are actually transitioning a practice from a third party.Continue Reading Planning Your Return to Private Practice
PITTSBURGH, PA – The law firm Tucker Arensberg, PC is proud to announce that Michael A. Cassidy has been named to the list of Pennsylvania Super Lawyers for 2007 by Philadelphia Magazine and Pennsylvania Super Lawyers Magazine. Selection for the honor is determined through the independent research of Law & Politics magazine. Over 36,000 Pennsylvania…
By: Joni L. Landy, Esq.
New proposed cafeteria plan regulations were released on August 6, 2007 that replace prior proposed and temporary regulations, which are withdrawn, and consolidate law changes and guidance issued by the IRS over the past twenty years. The regulations preserve much of the existing guidance but clarify some outstanding issues and include a few new rules. Existing cafeteria plan regulations governing mid-year election changes and FMLA operations remain the same. This alert highlights some of the more notable new or clarifying provisions of the proposed regulations.Continue Reading IRS Releases New Proposed Cafeteria Plan Regulations
CMS Issues Final Stark Phase III Regulations
Stark Phase III Regulations
On August 27, 2007, the Centers for Medicare and Medicaid Services (CMS) placed on display at the Office of the Federal Register a final rule on physician "self-referral" of Medicare beneficiaries for certain types of Medicare-covered services. The rule is commonly known as "Stark…
By: Lee Kim, Esq.
Who owns the intellectual property rights (e.g., copyrightable material, invention, etc.) if one’s employment contract is silent on the issue and is in the absence of an intellectual property ("IP") policy?
The following are situations in which the employer owns the IP:
– Intellectual property has been created by an employee within the scope of employment.
– Intellectual property has been created during working hours with the use of employer’s facilities.
– Intellectual property has been specially commissioned by the employer pursuant to a written agreement.
– Intellectual property has been funded by federal funds, state funds, or third party sponsorship.
The following are examples in which the employee owns the IP:
– Intellectual property created is unrelated to employee’s job responsibilities and the employee made no more than incidental use of the employer’s resources.
– Employer has released the intellectual property to the inventor.
– Employee has created a scholarly work, unless the employer specially commissioned such work (e.g., specifically hired the employee to create such a work or otherwise required the employee to create such a work).Continue Reading Intellectual Property Ownership: General Guidelines
ASC PAYMENT REGS RELEASED
The Medicare Ambulatory Surgical Center (ASC) payment system final rule was published in the Federal Register by HHS on August 2, 2007. The link below is to the text of the regulations. The new payment rates will be effective for Medicare 2008, although the first impact will not be fully phased in…
Congressman Pete Stark has proposed a new piece to the Stark legislation which would eliminate the existing “whole hospital” exception for a physician ownership by inserting a provision into H.R. 3162, the Children’s Health and Medicare Protection Act, which would impose new hospital disclosure requirements and new physician ownership limitations. The text of the provision follows…
Securing Rights to Your Website, By: Lee Kim
About the author: Lee Kim is an intellectual property associate at Tucker Arensberg, P.C. She specializes in copyrights, trademarks, trade secrets, and patents. See http://www.tuckerlaw.com/att/alpha/K/kim_lee.html
1. Securing Your Domain Name
If you are creating a website, you should first register at least one domain name of your choice with a reputable domain name registrar. While there are many domain name registrars out there, well-regarded registrars include register.com, Go Daddy, and Network Solutions.
Tip: It is recommended that you register the domain name yourself instead of having a third party (e.g., consultant) do this on your behalf. Domain name registrars such as the ones named above generally have support numbers that one can call if one needs assistance registering the domain name(s) of choice.
Why this is recommended: There are individuals, companies, and other entities (a.k.a. "cybersquatters") that attempt to make money by holding one’s domain name hostage. For example, if one owns a trademark and the domain name that is being held hostage is identical or substantially similar to that trademark, then one needs to go through a dispute resolution process such as the Uniform Dispute Resolution Policy ("UDRP"), below.
Tip: Since domain name registration is relatively inexpensive, it is recommended that one register several domain name variants, such as top level domain ("TLD") variants (e.g., .org, .com, .net, .us, and the like) and singular/plural variants of the domain name. You also may consider registering commonly misspelled variants of your domain name. Also, there are commercial services which monitor the web for misuse of your domain name. Thomson CompuMark is one such reputable provider. Thomson CompuMark’s website has the following Uniform Resource Locator ("URL"): http://www.thomson-thomson.com.
Why this is recommended: There are individuals, companies, and other entities (a.k.a. "typosquatters") that attempt to make money off of typo-variants of domain names and oftentimes ask for exorbitant sums of money in exchange for these domain names. See, e.g., http://searchengineland.com/070711-083600.php for an article on domain name best practices. See, e.g., http://www.icann.org/tlds/ for an informational page on TLDs. For example, if one owns a trademark and the domain name that is being held hostage is identical or substantially similar to that trademark, then one needs to go through a dispute resolution process such as the Uniform Dispute Resolution Policy ("UDRP"), below.
Question: What if someone holds my domain name hostage (i.e., a cybersquatter) or someone has a typo-variant of my domain name (i.e., a typosquatter)?
Answer: Often, the domain name is parked and the domain name owner makes revenue using click-through links. Some domain name registrars and other Internet domain services offer domain name holders cash for parked domain names in exchange for the traffic that their respective domain name generates through the click-through links. See, e.g., https://www.godaddy.com/gdshop/park/landing.asp?se=; http://www.whypark.com/. If the cybersquatter or typo-squatter has a domain name that is identical or substantially similar to your trademark or service mark, has no rights or legitimate interests in the domain name, and is using the domain name in bad faith, then you may be able to successfully dispute the third party’s ownership of that domain name and request transfer or cancellation of the domain name by filing a Uniform Dispute Resolution Policy ("UDRP") complaint against that third party. See http://www.icann.org/dndr/udrp/policy.htm for the UDRP policy. The complaint may be filed with a dispute resolution provider such as the National Arbitration Forum or the World Intellectual Property Organization.
Question: Can I register my domain name as a trademark or a service mark?
Answer: Yes, if the domain name functions as a trademark or service mark which serves to identify your company’s name, products, and/or services. The domain name may be registered with the United States Patent and Trademark Office ("USPTO") under certain conditions such as these.
Question: What are the benefits of trademark or service mark registration of my domain name?
Answer: By obtaining a trademark or service mark registration with the USPTO, one may have legal recourse against a cybersquatter or typo-squatter under federal law. Further, having the trademark or service mark registration leads to a stronger case if one has to file a complaint based upon the UDRP. See, e.g., http://www.uspto.gov/web/offices/tac/tmfaq.htm#Basic002.Continue Reading Securing Rights to Your Website
