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Recent Publications

8/29/2014
Author(s) - Bret Busacker, and Bret Clark
Holland & Hart News Update
Now that fall is in the air and school has started, we thought this would be a good time to summarize some of the key health and welfare benefit deadlines that are approaching this fall:

September 22

Updated Business Associate Agreements. New HIPAA privacy and security rules adopted last year require revisions to most HIPAA business associate agreements by September 22, 2014. Employer-sponsored health plans that are subject to HIPAA (generally including self-insured health plans and all heath flexible spending arrangements (FSAs)) are required to have agreements with business associates, service providers dealing with participant health information on behalf of the plan, that require business associates to comply with the HIPAA privacy and security rules. In 2013, the HIPAA privacy and security rules were revised, and business associate agreements must be revised to comply with the new rules by September 22, 2014. Your business associates may have already contacted you about revising your business associate agreements. However, employers are ultimately responsible to identify all business associates and ensure that compliant business associate agreements are in place before the deadline.
2014
8/21/2014
Author(s) - Angela Franklin
Holland & Hart News Update
To state the obvious, one of the most important aspects of any lease, deed, assignment or any other contract is making sure the appropriate party executes it. If the wrong person signs it, it will be either invalid or voidable at best. This is exactly what happened when only one manager of a limited liability company signed a 99 year lease. Unfortunately, the articles of organization on file with the secretary of state required both of the managers identified therein to sign such a lease. The lessee did not know there were two managers or that the articles of incorporation contained such requirement. The court found that the manager who signed the lease lacked actual and apparent authority to execute the lease and the lease was declared invalid. To assist in determining the appropriate party to execute a lease, deed, assignment or other contract, set forth below is a list of the common entities and scenarios that may be encountered in any title examination or transaction.
8/21/2014
Author(s) - Catherine Bazile
Holland & Hart News Update
An oil and gas farmout agreement is an agreement by the owner of an oil and gas lease (the “farmor”) to assign all or part of the working interest in that lease to another party (the “farmee”), who agrees to drill a well and do testing on the property in exchange for the opportunity to earn a formal assignment of working interest. The farmout agreement usually requires the farmee to drill a well to a certain depth, at a specified location, and within a certain time frame, at the farmee’s own risk and expense. Typically, the farmee must complete the well as a commercial producer to earn an assignment, because the farmor desires to preserve the lease (although some farmouts require only drilling to earn). Generally speaking, the greater the risks a farmee takes, the greater the area in which the farmee will earn an interest.
8/5/2014