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