MediRegs, a leading provider of compliance and risk management, reimbursement and workflow solutions for the health care industry, announced today that it will incorporate the Health Information Trust Alliance (HITRUST) Common Security Framework (CSF) within its ComplyTrack Suite to offer clients a concise means of addressing privacy and security risks. MediRegs is part of Wolters Kluwer Law & Business (wolterskluwerlb.com).

"Health care organizations have been grappling with the management of the innumerable privacy and information-security regulations, standards and best practices, and the overlapping risks they define," said MediRegs General Manager Steve Lefar. "The combination of ComplyTrack and the HITRUST CSF allows health care organizations to assess, remediate, control and investigate breaches; conduct audits; and support CSF-assessment processes in a comprehensive yet streamlined fashion."

The ComplyTrack Suite, a Software as a Service (SaaS) solution for health care risk and compliance professionals, manages all facets of enterprise risk and compliance programs, including risk assessment; incident, issue and activity management; policies and procedures; contracts; and vendors and audits. The HITRUST CSF is the most widely adopted heath care security control framework and offers a practical, scalable and cost-effective way for health care organizations to implement security programs that safeguard patient information. With its inclusion of the HITRUST CSF, the ComplyTrack Suite enables clients to easily evaluate their compliance with business, government and industry standards and regulations, including the American Recovery and Reinvestment Act of 2009, HIPAA, ISO, NIST, PCI and COBIT.

"Having the HITRUST CSF embedded within the ComplyTrack Suite is yet another opportunity for HITRUST to aid the health care industry in simplifying and streamlining the assessment and compliance process," said Daniel Nutkis, Chief Executive Officer, HITRUST. "The HITRUST CSF Assurance program and tools such as ComplyTrack provide the industry with greater resources that enable organizations and their business partners to focus their attention on improving information security through assessments and remediation and not solely the compliance process itself."

For More Information

For more information on the ComplyTrack Suite, visit mediregs.com or call 1-800-808-6800.

About HITRUST

The Health Information Trust Alliance (HITRUST) was born out of the belief that information security should be a core pillar of, rather than an obstacle to, the broad adoption of health information systems and exchanges. HITRUST, in collaboration with health care, business, technology and information security leaders, has established the Common Security Framework (CSF), a certifiable framework that can be used by any and all organizations that create, access, store or exchange personal health or financial information. In addition to establishing the CSF, HITRUST is driving adoption of and widespread confidence in a framework and sound risk-management practices through education, advocacy and outreach activities. For more information, visit http://www.hitrustalliance.net/.

About Wolters Kluwer Law & Business

Wolters Kluwer Law & Business is a leading provider of research products and software solutions in key specialty areas for legal and business professionals, as well as casebooks and study aids for law students. Its major product lines include Aspen Publishers, CCH, Kluwer Law International and Loislaw. Its markets include law firms, law schools, corporate counsel, health care organizations, and professionals requiring legal and compliance information. Wolters Kluwer Law & Business, a unit of Wolters Kluwer, is based in New York City and Riverwoods, Ill. Wolters Kluwer is a market-leading global information services company.

SOURCE Wolters Kluwer Law & Business

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Gibbs & Bruns LLP announced today that its clients have issued binding instructions to Bank of New York, as Trustee, to open an investigation of ineligible mortgages in pools securing over $26 Billion of Countrywide-issued Residential Mortgage Backed Securities (RMBS).

Under the terms of the applicable Pooling and Servicing Agreements (PSAs), the holders of over 25% of the Voting Rights of the RMBS have the power to issue binding instructions to the Trustee to investigate ineligible mortgages and to demand repurchase of mortgages that did not conform to the required representations and warranties at the time they were used as collateral for RMBS.

The Holders issued their instruction letter after they met with senior representatives of the Trustee, and its counsel, on August 2.  "We believe our clients' instruction, and the terms of the applicable PSAs, require the Trustee to take action on each of these transactions," said Gibbs & Bruns LLP partner, Kathy Patrick, who is lead counsel for the holders' group. "Our clients will pursue all contractual remedies available to them in these and the many other Countrywide RMBS deals where they have instructed us to take action to protect their rights and recover their losses."

The instructions to the Trustee of the Countrywide RMBS included a detailed list of securities to be investigated, and the steps the Trustee should pursue in the course of its investigation.  The Holders anticipate that they will provide additional instructions to the Trustee, as needed, to keep the investigation on track and moving forward.  The securities that are the subject of the instruction letter include:

  • CWALT ISSUANCES – 2005-20CB, 2005-21CB, 2005-41, 2005-56, 2005-74T1, 2005-81, 2005-AR1, 2005-J9, 2006-20CB, 2006-37R, 2006-41CB, 2006-HY12, 2006-J7, 2006-OA11, 2006-OA16, 2006- OA17, 2006-OA19, 2006-OC1, 2006-OC2, 2006-OC4, 2006- OC6, 2006-OC8, 2007-17CB, 2007-23CB, 2007-24, 2007-5CB,2007-OA7
  • CWHL ISSUANCES - 2004-22, 2004-HYB9, 2005-14, 2005-18, 2005-2, 2005-HYB9, 2006-3, 2006-HYB2, 2006-HYB5, 2006-J2, 2006- OA5, 2006-R2, 2007-12, 2007-16, 2008-3R
  • CWL ISSUANCES - 2005-AB5, 2005-IM3, 2006-16, 2006-21, 2006-25, 2006-26, 2006-8, 2006-9, 2006-ABC1, 2006-S10, 2006-SPS2, 2007-5, 2007-7, 2007-BC1, 2007-S3,

For more information about Gibbs & Bruns LLP, visit our website at www.gibbsbruns.com

SOURCE Gibbs & Bruns LLP

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Opposing any changes to the tax code that would encourage trial attorneys to file more lawsuits and add to the overall cost of health care, the American Medical Association (AMA) and 90 medical organizations sent a letter to the U.S. Treasury Department.  The organizations oppose a policy under consideration that would allow trial attorneys nationwide to deduct litigation expenses from their taxes in certain cases. 

(Logo: http://photos.prnewswire.com/prnh/20081209/AMALOGO)

(Logo: http://www.newscom.com/cgi-bin/prnh/20081209/AMALOGO)

"Changing the tax policy to allow trial attorneys to deduct court costs and other expenses would cost taxpayers $1.5 billion and increase the cost of health care in our nation," said J. James Rohack, M.D., AMA Immediate Past-President.  "This change would encourage trial attorneys to file more lawsuits."

The federal government should not create new incentives for attorneys to bring lawsuits.  A recent report by the AMA found 95 medical liability claims filed for every 100 physicians. Currently, 65 percent of medical liability claims are dropped or dismissed.  Average defense costs range up to more than $100,000 and take physicians away from patient care.  

"Any increase in the number of lawsuits filed will add unnecessary costs to our health care system," Dr. Rohack said.  "Many physicians are forced to practice defensive medicine to protect themselves from meritless lawsuits.  The U.S. government estimates the cost of defensive medicine to be between $70-126 billion per year."

"Any change to the tax code that encourages more lawsuits is a step in the wrong direction for our health care system," Dr. Rohack said.  "Instead, the AMA supports proven medical liability reforms already working in California and Texas, as well as testing for innovative reform models, to reduce health care costs and keep physicians caring for patients. The Congressional Budget Office found that medical liability reforms that include a quarter-million dollar cap on non-economic damages would reduce the federal budget deficit by about $54 billion over ten years.  As our nation works to reduce the growth in health care costs, it's clear that medical liability reform must be part of the solution."

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About the American Medical Association (AMA)

The American Medical Association helps doctors help patients by uniting physicians nationwide to work on the most important professional, public health and health policy issues. The nation's largest physician organization plays a leading role in shaping the future of medicine. For more information on the AMA, please visit www.ama-assn.org.

SOURCE American Medical Association

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Indiana today filed papers with the U.S. District Court in Los Angeles becoming the fifth government entity to decline to intervene in a lawsuit brought against JM Eagle, the world's largest producer of plastic pipe, on behalf of a fired ex-JM Eagle employee by the law firm Phillips & Cohen LLP.  In filing a pleading with the U.S. District Court in Los Angeles, Indiana joins California, where the suit was filed, Florida, Massachusetts as well as the federal government in declining to intervene in the case.

Eleven states and the District of Columbia were named by the plaintiff's counsel as "real parties in interest" – a listing that essentially invited those states and D.C. to join, or "intervene," in the lawsuit. Only four states have chosen to do so while three states and D.C. are still deciding.  The decision by four large states and the federal government to opt out of direct participation in the case supports the growing perception that the case against JM Eagle is unfounded.

The U.S. government conducted its own intensive three-year investigation of JM Eagle's products and quality-control processes and declined to join the case in February. Federal statistics show that 94 percent of these kinds of lawsuits are eventually dismissed when the federal government chooses not to get involved.

"We are gratified that Indiana was not persuaded by the dishonest pressure campaign directed at states by the plaintiff's contingency-fee law firm.  This large state has stood up for what is right in human nature by deciding not to intervene in this baseless, frivolous lawsuit," said Neal Gordon, JM Eagle's vice president of marketing. "We are confident that as more states and local governments learn about the facts of the case they also will see no benefit in intervening."

A few points in addition:

* Results of recent tests by the independent Jana Laboratories confirm the quality and reliability of JM Eagle PVC pressure pipe - both currently and during the period covered by the lawsuit. The lab conducted the tests on pipe from the same batch provided to the federal government for its own inquiry. The company's pipe has been certified by the industry-standard certification bodies NSF International and UL to meet all long-term strength requirements. In addition, the number of claims against the company's pipe over the last 10 years was miniscule - at a rate of less than one-tenth of one percent and most of those claims related to installation or other non-manufacturing errors.

* In a serious blow to the central claim in the lawsuit (and as alluded to above), one of the plaintiff's key witnesses denied in a sworn statement ever saying that JM Eagle intentionally compromised the quality of its pipe. After reading quotes from the Second Amended Complaint that were falsely attributed to him by Phillips and Cohen, Brian Wang, a long time plant manager, gave a sworn affidavit claiming the falsity of the quotes. Wang denied under oath that JM ever sacrificed pipe quality by using cheaper ingredients, speeding up production or failing to replace parts on extruders. Wang, who is the most senior JM Eagle employee listed in the lawsuit's Second Amended Complaint, worked for J-M Manufacturing - now JM Eagle - from 1984 to June 2006, including as a plant manager at three of the company's 22 plants.

* JM Eagle has spent more than $350 million in the last 15 years to deploy the most modern manufacturing practices and equipment available to ensure that its products set the standard for superior quality in the plastic-pipe industry. The company recently announced a capital-improvement project budgeted at $20 million to further improve its manufacturing facilities this year alone.

* In addition to its own rigorous in-house testing, JM Eagle is subjected to more than 400 unannounced audits and inspections each year across its 22 plants, conducted by reputable, independent agencies including Underwriters Laboratories, NSF, Factory Mutual (FM), International Association of Plumbing and Mechanical Officials (IAPMO), Canadian Standards Association (CSA) and International Organization for Standardization (ISO).    

* JM Eagle recently announced an unprecedented 50-year warranty against manufacturing defects for its pipe products. This warranty-unmatched by any other pipe manufacturer-is a significant first step toward rebuilding the nation's crumbling infrastructure and proof the company stands 100 percent behind its pipe.    

* Vendors and suppliers providing various raw materials and equipment have issued letters verifying the quality of the products used by JM Eagle in the manufacture of its plastic pipes. In fact, these letters confirm that all plastic pipe manufacturers use essentially the same standards-compliant raw materials to make their products as JM Eagle. This is in direct opposition to claims made in the lawsuit, which alleges that JM Eagle used inferior or non-standard materials in order to trim costs.

* There is clear evidence that John Hendrix, the fired ex-employee who brought the lawsuit, was also the architect of a kickback scheme to defraud JM Eagle. The company has a sworn affidavit confirming that he offered to inflate a claim in return for money to be sent directly to his home. Also, after Hendrix was fired, he was caught impersonating a JM Eagle employee in order to obtain from a lab proprietary test results on the company's pipe, using his personal email address and offering to pay with his personal credit card.

* A diverse coalition of civil rights and community organizations, including the National Association for the Advancement of Colored People (NAACP), Anti-Defamation League, the Mexican American Legal Defense and Education Fund and the Asian Pacific American Legal Center (APALC) cosigned a letter expressing outrage over racially insensitive language contained in the complaint about the ethnicity and nationality of JM Eagle's employees and leaders. APALC also sent a letter to Phillips & Cohen's named partners demanding that they withdraw the irrelevant and offensive references from the lawsuit immediately. In a condescending and insulting reply to the request, Phillips & Cohen refused to drop the needless race-baiting language. Their insensitive refusal is proof of Phillips & Cohen purposefully putting racial intent into the lawsuit.

About JM Eagle

With 22 manufacturing plants throughout North America, JM Eagle manufactures the widest array of high-grade, high-performance polyvinyl chloride and high-density polyethylene pipe across a variety of industries and applications including utility, solvent weld, electrical conduit, natural gas, irrigation, potable water and sewage. More information can be found at www.jmeagle.com

SOURCE JM Eagle

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A New York federal judge gave final approval to Bank of America Corporation's Settlement with the U.S. Securities and Exchange Commission. Pursuant to the settlement, Bank of America has paid $150 million into a "fair fund" to be distributed to shareholders. The SEC claimed the company failed to properly disclose employee bonuses and financial losses at Merrill Lynch before shareholders approved the merger of the companies in December 2008.

Who is eligible?

You are included if you had Bank of America common stock ("BAC") as of the close of trading on January 16, 2009. However, any stock that was received as a result of the exchange of shares of Merrill for BAC in connection with the merger is not included.

Contact your broker to see if you had BAC stock on the required date. If you are not sure you are included, you can get more information at http://www.secbacfairfund.com/ or by calling toll-free 1-877-788-4952.

How much will I receive if my claim is eligible?

The fair fund will pay eligible shareholders according to a Plan of Allocation. Your payment will depend on the number of (1) valid claim forms shareholders submit; and (2) eligible shares you held as of January 16, 2009. The Plan of Allocation is available at the website.

What do I need to do to receive a payment?

To qualify for a payment, you must send in a Claim Form. You can get a Claim Form at the website or by calling 1-877-788-4952. Claim Forms must be postmarked by November 12, 2010.

Do I give up any legal rights by submitting a claim?

You will not be giving up any rights to sue Bank of America over any claims involved in this Settlement. You will be bound by all orders and judgments of the Court regarding the Plan of Allocation.

SOURCE Rust Consulting

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