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The Association of Corporate Counsel (ACC) is the world's largest organization serving the professional and business interests of attorneys who practice in the legal departments of corporations, associations, nonprofits and other private-sector organizations around the globe.

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Due Diligence Checklist (Nonprofit Health Care Acquisition)

This comprehensive checklist identifies information for the due diligence process in connection with a proposed transaction between two parties. The entity responsible for producing requested documents should not have to create new documents. Production requests may seem duplicative; however, this is intentional in an effort to capture all relevant materials.

Articles

Employer Responsibilities and the Affordable Care Act

By Thora A. Johnson, Laura A. Taylor

This paper is intended to provide a broad overview of the Patient Protection and Affordable Care Act (“ACA”) as it applies to employers that sponsor health plans. This outline does not address all the applicable aspects and nuances of ACA as it applies to employer-sponsored health plans, as thousands of pages of applicable guidance have been issued on this topic over the past several years. Rather, its purpose is to introduce employers to some of the key provisions of health care reform that impact employer-sponsored health plans. As you review the materials herein, please remember that the application of the rules described is highly fact specific and this paper is not intended to provide legal advice or a legal opinion.

Articles

Health Care Mergers and Acquisitions: The Transactional Perspective

By John O. Chesley, Brett R. Friedman, and Michael B. Lampert, Ropes & Gray LLP

A detailed due diligence checklist form licensed from the American Health Lawyers Association, adapted, revised and fully annotated by Ropes & Gray, LLC with assistance from Bloomberg Law editorial staff. The checklist included is a sample for a simple, small-dollar transaction in the United States involving a general healthcare provider or supplier.

Articles

Blacklisting Icahn: How Some Drug Companies Keep Out Activists

By Miles Weiss

This article addresses how pharmaceutical companies take precautions against activist firms when using their shares as currency for an acquisition. These bans have gone largely unnoticed by the activist managers, who say shareholders may be harmed when a company limits who can buy its shares.

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