Curt Hébert, a partner at Brunini, Grantham, Grower & Hewes, PLLC was featured as a guest co-writer for an article posted on CNBC.com on March 30, 2014. The article is titled “Risky business: Protecting US energy supplies” and you can read the entire article HERE.
Hébert is the former chairman of the Federal Energy Regulatory Commission and currently serves as the a co-chair of the Bipartisan Policy Center’s Electric Grid Cybersecurity Initiative.
Curt Hébert, a partner at Brunini, Grantham, Grower & Hewes, PLLC was featured as a guest contributor for CNBC.com March 31, 2014. The article is titled “Risky business: Protecting US energy supplies”
Hébert is the former chairman of the Federal Energy Regulatory Commission and currently serves as the a co-chair of the Bipartisan Policy Center’s Electric Grid Cybersecurity Initiative.
The U.S. Department of Health & Human Services, Office of Inspector General (OIG) issued its second Advisory Opinion of the year on February 12, 2014. In this opinion, the OIG concluded that it would not impose sanctions under the anti-kickback statute or civil monetary penalty law on Medicare supplemental health insurance (Medigap), preferred provider organizations (PPO’s) and hospitals participating in PPO networks. The OIG conducted analyses under both the anti-kickback statute and civil monetary penalty law.The OIG determined that the arrangement failed to meet the safe harbor for waivers of beneficiary coinsurance and deductible amounts, or the safe harbor for health plan reduced premium amounts under the anti-kickback statute analysis. Nevertheless, the OIG found the Proposed Arrangement presents a low risk of fraud or abuse because: (1) Medicare payments for inpatient services are fixed and would not affect waivers or reductions in beneficiary cost sharing; (2) the arrangement was not likely to increase utilization because the amount waived by the hospital was owed by the insurer, not the patient; (3) hospital competition would not be adversely impacted because participation in the PPO networks would be open to all Medicare-certified hospitals that meet state law; (4) the remuneration would not affect medical judgment because patient would not incur any additional cost based on their hospital selection and the physicians and surgeons would receive no remuneration; and (5) the Policyholders would be informed that they may select any hospital without penalty or increased cost.The OIG next analyzed the arrangement under the civil monetary provision because the premium credits were incentives to choose a network hospital. OIG concluded the premium credits are sufficiently similar in purpose and effect to differentials in coinsurance or deductible amounts and therefore, excepted from the definition of remuneration. The OIG also noted that the arrangement had the potential to decrease the costs to certain Medigap Policyholders without increasing costs to others and the potential to reduce state-insurance rates.
IRS tax auditor man with a stern or mean expression
Persons who have no criminal history and who would seem to be unlikely candidates for criminal accusations sometimes unexpectedly find themselves sitting across the desk from a Special Agent, Criminal Investigation Division (CID) of the Internal Revenue Service. The Special Agent arrives with no warning.
In fact, according to CID statistics released recently, 5,314 cases were initiated in 2013 alone. CID recommended 4,364 cases for prosecution during the same year. IRS claims a conviction rate of 93 percent on criminal cases during 2013. Of course, guilty pleas are considered convictions for statistical purposes.
“Our cases involved individuals and corporations from all segments of society,” Richard Weber, Chief of Criminal Investigation, said in the report. “They led us into corporate board rooms, offices of public officials, tax preparation businesses, identity theft and narcotics trafficking organizations.”
So what does one do if a CID Special Agent shows up at your home or office, flashes a badge and states he wishes to ask you a few questions? You should politely, but firmly, decline to answer any questions. This is your right as guaranteed by the Constitution, and is assuredly in your best interest.
As one who has represented a number of CID “targets,” I can unequivocally tell you that many are the persons who thought they could talk their way out of this unpleasant situation, but instead created lengthy and expensive investigations. This is true even if prospective defendants are totally innocent. The initial interview of the taxpayer target is frequently the most important step in the investigation for CID. Accordingly, it is imperative that the target not answer any questions and proceed to engage an attorney who is experienced in criminal tax matters. The attorney will be in a much better position to evaluate defenses and determine what, if any, information should be shared with CID.
On February 28, 2014, the Bipartisan Policy Center announced its Electric Grid Cybersecurity Initiative had prepared a report titled “Cybersecurity and the North American Electric Grid: New Policy Approaches to Address an Evolving Threat.” Brunini’s Curt Hébert serves as co-chairman for this initiative.
The report released discusses recommendations made by the initiative that could be put into place to protect the electronic grid from cyber-attacks.
Click here to read the entire report and here for the press release
Throughout the weekend, Mr. Hébert provided several interviews; follow the links below to view.
Washington, D.C.
Curt Hebert, a partner at Brunini, Grantham, Grower & Hewes, PLLC, serves as co-chair for the Bipartisan Policy Center’s Electric Grid Cybersecurity Initiative in Washington, D. C. The initiative released recommendations on how the government and industry can be prepared to protect electric grids against cyber attacks. The U.S. Department of Homeland Security collected information and the initiative including Hebert, and two other co-chairs, made recommendations regarding the information collected.
From the Bipartisan Policy Center’s Press Release, “Cyber attacks on key energy infrastructure, including the electricity system, are increasing in terms of frequency and sophistication. Electric grid failures are costly and have the potential to profoundly disrupt delivery of essential services, including communications, food, water, health care and emergency response. In light of these developments, BPC convened the Electric Grid Cybersecurity Initiative – a hybrid project of BPC’s Energy and Homeland Security Projects – to tackle these challenges.”
Press Release: Bipartisan Policy Center Press Release
Read the entire report here.
Curt participated in several nationally distributed interviews, to view choose the links below.
Brunini’s environmental practice group is widely acknowledged as a statewide leader. Our attorneys have broad experience in both environmental litigation and regulatory proceedings and we are eager to share our ideas, opinions and commentary with you on our new Environmental Law Blog.
Our goal is to provide some perspective on developments within the realm of environmental law. Our blogs will not just be about what happened, we’ll also try to explain the “how” and the “why” the issues we’ll report on matter. Our goal is to provide information that is of true value and interest to you and your business.
And we encourage you, the reader, to comment on our blog entries. Let us know if you think we missed the point or if you find issues that we did not consider. Our new blogs gives us all an opportunity to share our thoughts and ideas and to keep the conversation moving forward on topics that interest and move us all regarding environmental law.
Look for new blog posts to the Brunini Blog every week. Or, we invite you to sign up to receive an e-mail notification whenever a new blog is posted. Look for the sign up option on this page. We look forward to hearing your comments about our blogs and hope you will become a regular reader.
Brunini, Grantham, Grower & Hewes, PLLC is pleased to launch the Brunini Blog. While our firm was founded over a century ago, we strive to embrace the latest technological advances so that we may provide our clients the highest quality service possible. So, this blog is a fitting step for us to take in order to enhance our communication efforts with clients and potential clients.
We have defined several goals for the Brunini Blog. The first of these goals is our hope to acknowledge the firm’s heritage as one of Mississippi’s largest and most respected law firms. Additionally, our plan is to utilize the Brunini Blog to celebrate our longstanding commitment to our clients, our communities and our profession.
In 2012, the Secretary of the United States Department of Education (“DOE”) entered an Order finding that Business Communications, Inc. (“BCI”) retaliated in violation of the whistleblower provisions of the American Recovery and Reinvestment Act of 2009 (“ARRA”) in terminating an employee after he made wage-related complaints. The DOE ordered BCI to pay back wages and to reinstate the former employee. On behalf of BCI, Steve Carmody and Cody Bailey appealed the DOE’s Order to the United States Court of Appeals for the Eighth Circuit. Carmody and Bailey argued that the DOE deprived BCI of its constitutional right to due process by ordering BCI to pay damages and to reinstate the former employee without allowing BCI an opportunity for a hearing to defend itself. Likewise on behalf of BCI, Carmody and Bailey also argued that the whistleblower provisions of ARRA, found in section 1553, are facially unconstitutional because they do not allow for a due-process hearing. The Eighth Circuit ruled in favor of BCI, granting BCI’s petition for review and vacating the Secretary of Education’s Order. The Court held that “minimum due process for BCI in this context requires either a pre- or post-deprivation hearing that provides BCI with the opportunity to confront adverse evidence and cross examine adverse witnesses.” The Court further held that “BCI’s due process rights were violated because the DOE never provided BCI a hearing and because the post-deprivation procedures available under § 1553 do not provide any opportunity for BCI ‘to confront and cross examine adverse witnesses,’ thereby depriving BCI of an essential element of due process.”
Brunini, Grantham, Grower & Hewes, PLLC has made the short list of Litigation Law Firm of the Year for Mississippi in the 2014 edition of Benchmark Litigation. Brunini is one of only four firms in Mississippi to achieve this honor, with the following attorneys ranked as “Mississippi Local Litigation Stars” in their respective practice areas:
Benchmark Litigation is a guide to America’s leading litigation firms and attorneys. Their results stem from the culmination of a research period that was conducted between March and November 2013, where researchers conducted interviews with litigators and their clients to identify the leading litigators and firms.
All winners will be announced at a ceremony held on Wednesday, Jan. 29, 2014 at the Essex House in New York. For more information on Benchmark Litigation’s shortlist, please visit http://www.benchmarklitigation.com/article/4327-us-benchmark-annual-awards-2014-shortlist-announced-12-05-2013.