Establishing a Flexible Template for a Stark Analysis

This panel presentation will focus on the following topics:

• Identifying when and under what circumstances Stark applies
  
• Organization of facts critical to formulating the analysis
  
• Navigating and tying agreements to substantive Stark exceptions
  
• What are the common exceptions?
  
• Recent revisions to Stark
  
• defining an “entity”
  
• “per click”
  
• Calculating Fair Market Value
  
• Sources
  
• Tabulating and assigning value within the context of the situation and for the locality
  
• How do you determine whether an agreement completely fits an exception?
  
• The danger of being too conservative
  
• Ensuring a commercially reasonable business rationale
  
• Meeting the technical requirements of Stark provisions