Articles and Blogs

Background In a press release dated February 3, 2023, the Department of Justice’s Antitrust Division (“DOJ”) announced the withdrawal of three important policy statements that health systems and providers have relied upon for decades in ordering operations, setting internal protocols, and conducting diligence during transactions. The three policy statements include, Department of Justice and... READ MORE

As a part of a broad omnibus spending bill passed by Congress, President Biden signed into law the Merger Filing Fee Modernization Act on December 29, 2022. The Merger Filing Fee Modernization Act includes the first changes to the merger filing fees required by the Hart‑Scott-Rodino Act (“HSR Act”) in over twenty years. While... READ MORE

In February, the Financial Accounting Standards Board (FASB) and the International Accounting Standards Board (IASB) shed additional light on their proposed rule that changes how lease agreements are treated for accounting purposes. The proposed rule, originally published in an exposure draft on August 17, 2010, treated all lease agreements as capital lease agreements for accounting purposes. The proposed... READ MORE

If you are a tenant in a medical office building and do not appreciate the difference between “rentable” area and “usable” area you may be paying more (or less) rent for the space than what is fair and reasonable.  In May, the Building Owners and Managers Association (“BOMA”) updated its measurement methodology for office... READ MORE

Catholic owners of real estate often require, by imposition of written use restrictions in leases, deeds and recorded covenants, adherence to the Ethical and Religious Directives for Catholic Health Care Services (the “ERDs“).  The ERDs were promulgated, and are occasionally modified by, the United States Conference of Catholic Bishops.  The ERDs are  binding upon all... READ MORE