A proposal that recommends judicial review of the U.S. trustee's appointments to creditors' committees leaves important issues, such as standing, unresolved

Article Abstract:

A decision by the National Bankruptcy Review Commission in favor of an amendment to Section 1102 of the Bankruptcy Code allowing bankruptcy courts to review US trustee appointments to creditors' committees is laudable, but does not go far enough. Courts have disagreed on other matters including whether to allow de novo review or whether abuse of discretion should have occurred. Failure to allow the debtor standing to challenge the US trustee's decisions will lead to unnecessary delay and litigation at the beginning of a bankruptcy action. Whether a creditor has standing to challenge the trustee decision on appeal also remains unresolved.

Laws, regulations and rules, Appointments, resignations and dismissals, Judicial review of administrative acts, Debtor and creditor, Bankruptcy trustees

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Compliance tide leaves issues open; in compliance efforts, unresolved matters include attorney-client privilege, structure of programs and role of hot lines

Article Abstract:

The health care industry is more receptive to compliance programs, but the Office of the Inspector General (OIG) of the Department of Health and Human Services has also spurred the trend, with OIG imposition of 2,621 sanctions for Medicare or Medicaid fraud and abuse during the 6 months ending Sept 30, 1997, and more than $1 bil in penalties and settlements in FY 1997. An effective compliance program should promote compliance, help preserve the attorney-client privilege when possible, and meet the requirements of the Sentencing Guidelines and the Hospital Compliance Guidance.

Analysis, Health services administration

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Interstate sales issues still unresolved

Article Abstract:

The Interstate Income Act of 1959 stated that interstate commerce limited to solicitation of sales orders was immune from state taxation, and since that time courts have wrestled with the meaning of 'solicitation.' In Wisconsin Department of Revenue v. William Wrigley Jr. Co. the Supreme Court provided some guidance. The judges held that corporations can solicit sales outside their home state without tax liability in other states as long as their activities there are all ancillary to solicitation.

Cases, Corporate income taxes, Interstate commerce, State taxation

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