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Are Certificates of Compliance dead on arrival in Tennessee for liquor and grocery stores?

By William T. Cheek III on August 11, 2019

08.12.19 A recent rule change by the Tennessee Alcoholic Beverage Commission eliminated the requirement for retail liquor stores to file Certificates of Compliance. Likewise, the state legislature eliminated the requirement for Certificates of Compliance for renewal of wine in grocery store (which we affectionately call “WIGS”) licenses. While that’s all good news, it’s not quite time to cue “Ding Dong, the Witch is Gone.” A handful of cities have local ordinances that require Certificates of…

Waller Law Blogs

Are Certificates of Compliance dead on arrival in Tennessee for liquor and grocery stores?

By William T. Cheek III on August 11, 2019

Waller Law Blogs

Cannabis cultivation laws in the South: A first look

By Kim Harvey LooneyKatherine L. Rippey on July 30, 2019

07.31.19 Late last year, President Trump signed the Agriculture Improvement Act of 2018 (commonly referred to as the “Farm Bill”) that legalized hemp cultivation under federal law. With the Farm Bill’s recent passing, several state and federal laws regarding agricultural growth of cannabis-based products were in conflict. This post identifies recent legislation to legalize the use and cultivation of cannabis-based products for medical use. This survey’s scope is limited to legislation introduced in Tennessee and…

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New rules widen definition of “preventive care” for some chronic conditions

By Stacy Clark Hooper on July 25, 2019

07.26.19 Earlier this month, the Internal Revenue Service (IRS) expanded the list of preventive care benefits for certain chronic conditions that would apply for patients with high-deductible health plans (HDHPs). As a result, individuals enrolled in HDHPs can receive first-dollar coverage for these items or services without endangering their eligibility to contribute to health savings accounts (HSAs), according to Notice 2019-45 (the “Notice”). HDHP Rule Refresher: To qualify as a HDHP (and therefore preserve a…

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Florida, Georgia changes to certificate of need (CON) laws are biggest in Southeast

By Kim Harvey LooneyZachary D. Trotter on July 21, 2019

07.22.19 The 2019 legislative sessions in Florida and Georgia resulted in significant changes to the certificate of need (“CON”) laws in each state. Other southeastern states, including North Carolina, South Carolina, and Tennessee, considered bills to substantially change their respective CON laws, but the bills either failed to pass prior to adjournment or were amended to remove any significant changes to the CON statutes. This client alert updates our previous blog post with the current…

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Health care fraud and abuse enforcement overview 2018

By LexBlog on July 16, 2019

07.17.19 The Department of Health and Human Services (HHS) and the Department of Justice (DOJ) recently released the Health Care Fraud and Abuse Control Program Annual Report. The 2018 Report highlighted key enforcement areas and policy considerations. The Health Insurance Portability and Accountability Act of 1996 established a national Health Care Fraud and Abuse Control Program (the Program) under the direction of the Attorney General and the Secretary of HHS. Acting through the Inspector General,…

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Can I withhold retainage for claims I have against the contractor?

By Joseph Joe L. Watson on July 11, 2019

07.12.19 Retainage is an important component of commercial construction projects, and a good understanding of retainage-related issues can give you significant leverage over contractors while the work is being completed. That being said, it’s important to note that as an owner or developer, you face significant exposure for mishandling retainage. In the previous installments of this blog series, I discussed some of the basics regarding retainage for Tennessee commercial construction projects, including: whether withholding retainage…

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Buckle up, plan sponsors: ERISA cases to watch in Supreme Courts upcoming term

By Shannon Goff Kukulka on July 8, 2019

07.09.19 The Supreme Court has agreed to hear in its next term several lawsuits that will impact plan sponsors and their responsibilities and risk exposure. These are the first cases filed under the Employee Retirement Security Act of 1974 (ERISA) that have been granted cert by the high court in more than two years, and the resulting decisions will likely have significant implications for the scope of fiduciary duties, potential plaintiff classes, and which party…

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ACAs individual mandate under fire in Texas v. U.S. appeal

By Colin H. Luke on July 8, 2019

07.09.19 Since its inception, the Affordable Care Act (ACA) has faced persistent challenges and litigation seeking to render it invalid. The most recent of those challenges will take place this week as Texas v. U.S. is heard before the 5th Circuit Court of Appeals. Under fire, in particular, is the individual mandate, a feature of the ACA which the 2017 Tax Cuts and Jobs Act (TCJA) mitigated by removing the financial penalty for individuals choosing…

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Illinois legalizes adult-use marijuana on the fast track

By Marc J. Adesso on July 7, 2019

07.08.19 Late last month, Illinois Gov. J.B. Pritzker signed legislation making Illinois the 11th state (plus Washington DC) to legalize adult-use marijuana (sometimes referred to as recreational use marijuana). The full text of the Illinois Cannabis Regulation and Tax Act can be found here and the summary of the act can be found here. The legislation is particularly interesting because of the attention given to social justice issues created by the prohibition of marijuana in…

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Are Certificates of Compliance dead on arrival in Tennessee for liquor and grocery stores?

Are Certificates of Compliance dead on arrival in Tennessee for liquor and grocery stores?

Cannabis cultivation laws in the South: A first look

New rules widen definition of “preventive care” for some chronic conditions

Florida, Georgia changes to certificate of need (CON) laws are biggest in Southeast

Health care fraud and abuse enforcement overview 2018

Can I withhold retainage for claims I have against the contractor?

Buckle up, plan sponsors: ERISA cases to watch in Supreme Courts upcoming term

ACAs individual mandate under fire in Texas v. U.S. appeal

Illinois legalizes adult-use marijuana on the fast track

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