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What Can We Do? Coronavirus Guidance for Employers

By: Amy J. Adolay and Shelley M. Jackson on March 5, 2020

Employers are increasingly asking questions about what plans to put in place and how to respond to instances of Coronavirus disease (COVID-19) in the workplace.  Employers are also rightfully concerned about the legal limits as to what they can say…

Proposed Regulations on Meals and Entertainment Expenses

By: Kendall A. Schnurpel on March 2, 2020

On February 26, 2020, the IRS and Treasury published proposed regulations (“Proposed Regulations”) providing guidance under §274 of the Internal Revenue Code (“Code”) as amended by the Tax Cut and Jobs Act, Pub. L. No. 115-97, §13304, 131 Stat.…

The Setting Every Community Up for Retirement Enhancement (SECURE) Act

By: Sharon B. Hearn, , and Janice L. Hamilton on February 26, 2020

On December 20, 2019, the Setting Every Community Up for Retirement Enhancement (SECURE) Act was signed into law by President Trump as a part of a larger budget appropriations bill.  Many who have commented on the SECURE Act believe it is the most…

Mandatory Arbitration, Class Action & Exhaustion Provisions: Cause to Amend Claims Procedures?

By: and Lisa A. Durham on February 24, 2020

Nearly two months into 2020, you are finally beginning to recover from yet another chaotic group health plan open-enrollment, so now might be the perfect time to consider updating your organization’s retirement plan documents. A couple of ERISA…

Krieg DeVault Announces 18 Attorneys as 2020 Indiana Super Lawyers; 1 as a 2020 Illinois Super Lawyer; 5 as 2020 Indiana Rising Stars

February 20, 2020

18 attorneys from Krieg DeVault were named to the 2020 Indiana Super Lawyers listing, and 1 named to the 2020 Illinois Super Lawyers listing.  The firm had an additional 5 attorneys named to the Indiana Rising Stars list, which is designated for…

Seventh Circuit Confirms that the Bankruptcy Code Expressly Subordinates a Seller's Reclamation Claim to the Prior Rights of a Secured Creditor

By: C. Daniel Motsinger and on February 19, 2020

In Whirlpool Corp. v. Wells Fargo Bank, National Association (In re hhgregg, Inc.), (7th Cir. Feb. 11. 2020), the United States Court of Appeals for the Seventh Circuit held that the current enactment of the United States Bankruptcy Code (the “…

Indiana Supreme Court Rejects Imposition of “Rule of Reasonableness” on the Statutes of Limitations Applicable to a Lender's Pursuit of a Defaulted Mortgage Installment Promissory Note

By: C. Daniel Motsinger and on February 19, 2020

In a pair of decisions issued February 17, 2020, the Indiana Supreme Court ruled in favor of lenders in issuing guidance regarding the statutes of limitations applicable to a lender’s pursuit of a defaulted promissory note and a defaulted mortgage.…

Failure to Report HIPAA Breaches Results in Costly Fine and Corrective Action Plan

By: Stacy Walton Long and on February 4, 2020

Sentara Hospitals (Sentara) entered into a $2.175 million settlement and corrective action plan with the Office of Civil Rights (OCR) under the U.S. Department of Health and Human Services (HHS) for alleged violations of the Health Insurance…

Genetic Information under HIPAA

By: Susan E. Ziel and Stacy Walton Long on February 4, 2020

Genetic Information  is quickly becoming an important part of our lives. The Health Insurance Portability and Accountability Act of 1996,[1] as amended, and the final Privacy Rule[2] (HIPAA) are implicated by a healthcare provider’s or benefit plan’s…

Failure to Encrypt Mobile Devices Results in a $3 Million Mistake

By: Stacy Walton Long and on February 4, 2020

The University of Rochester Medical Center (Rochester) settled with the Office of Civil Rights (OCR) for $3 million for repeated violations of the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA) relating to its…

Shelley M. Jackson Joins Krieg DeVault's Health Care and Labor & Employment Practice Groups

February 2, 2020

Krieg DeVault LLP is pleased to announce that Shelley M. Jackson has joined the firm's Health Care and Labor & Employment practice groups as a partner.  Ms. Jackson will concentrate her practice in the areas of pharmaceutical regulatory…

NCUA Issues Proposed Rule Allowing Some Credit Unions to Issue Subordinated Debt

By: Brett J. Ashton on January 26, 2020

On January 23, 2020 the National Credit Union Administration (the “NCUA”) board issued its proposed rule (the “Proposed Rule” or the “Rule”) to modernize existing secondary capital regulations applicable to low income credit unions (“LICUs”),1 and…

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