Corporate crises, by their very nature, can severely disrupt a company and jeopardize its future.
Discusses the typical coverage of D&O policies and the most common insurer defenses in situations involving allegations of financial misrepresentation.
The author provides an overview of employment practices liability insurance and a general guide to determine if EPLI makes sense for your client.
New reporting requirements mandated by the Medicare, Medicaid, SCHIP Extension Act of 2007 were effective Jan. 1, 2010. Companies subject to the MMSEA must understand the new requirements or learn the hard way — a potential civil penalty of $1,000 for each day of noncompliance for each claimant. An absolute must-read, this detailed report includes MMSEA background information, and compliance guidelines and instructions.
Breaches of patient privacy/security are considered the number one risk for liability in the healthcare industry today. Control over patient information in today’s society is becoming ever increasingly difficult with the expanding use of electronic health records, personal health records and social media, plus the advent of Health Information Exchanges. Outsourcing of healthcare operations provides additional risk, especially the enforceability of patient privacy/security law when patient information is sent outside the US. Unfavorable media, government enforcement, class action litigation and identity theft all pose a constant concern to in-house counsel, and vendors themselves are now at greater risk of liability with penalties now imposed on business associates. This panel will provide an overview of the principal federal laws & regulations concerning privacy/security (HIPAA/HITECH/Red Flags), their interaction with select state laws, international laws (EU Data Protection), and practical ways to minimize risk and keep patient information private and secure.
In this article regarding insurance, answers to questions addressing the parties’ Information Duties under Swiss statutory law rather than the duty of utmost good faith in the narrow sense (which has not been implemented in Swiss law).
The Stark Law has promulgated complicated regulations for transactions involving payments to physicians. All facets of the healthcare industry also face on a daily basis the shadow of government prosecutors focused on violations of the federal anti-kickback statute. These laws involve both criminal prosecution and civil liability, and in-house attorneys have at times been prosecuted as individual defendants. Enforcement is expanding to cover individual physicians as prescribers of company products and providers of services to companies, such as consulting and clinical investigator services, and to physician ownership of medical device distributors. Looming over healthcare companies and individuals is the potential to be debarred from participation in Medicare, Medicaid & other federal health care programs. In addition, in-house counsel need to be aware of obscure state laws on the issues of physician self-referral prohibition and anti-kickbacks. This program will discuss the government’s new enforcement trend and mechanisms that in-house counsel can employ to reduce these risks.
In the corporate world, a surprise means something was missed--and that's never good. A surprise that involves a problem with your company's Director & Officer (D&O) policy is precisely the type of surprise you want to avoid.
This article identifies measures that you can take to confirm compliance and to minimize liability for your company in the event of a hazardous materials transportation release.
This profile and its attendant resources are written to help in-house counsel assess their emerging role in preventing corporate failures, the risks they face (personally and professionally) in representing the company/organization in that capacity, and protections available to in-house counsel in the in- house employment setting.