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Resource Listings

Articles

Expert Guide to European Crypto Regulation (CMS)

By CMS

This guide provides an overview of cryptoasset regulation (prior to the introduction of MiCA), focussing at this point on European jurisdictions, both inside and outside the EU. It summarizes the regulations applying to the main activities performed by cryptoasset service providers and the requirements of the licensing regimes, including time and cost.

Articles

The Implications of Open Finance on Data Protection

By Tyron Fourie (Eversheds Sutherland)

The article provides a brief overview of open finance, a practice that allows third party service providers access to consumers’ financial data from banks and financial institutions using secure application programming interfaces (APIs).

Articles

Changes to the European payments market

By Richard Jones, Trevor Dolan, Ruth Fairhurst, Sian Cosgrove (Eversheds Sutherland)

This article provides a summary of the European Commission’s key proposals under a third Payment Services Directive (PSD3), the EU Payment Services Regulation (PSR) and the EU open finance regime.

Articles

DEA Extends Telemedicine Flexibilities for Prescribing of Controlled Medications

By Nathan A. Beaver, Nathaniel M. Lacktman, Thomas B. Ferrante, Rachel B. Goodman, and Kyle Y. Faget (Foley & Lardner LLP)

This article discusses the US Drug Enforcement Agency's (DEA) new regulation temporarily extending the “full set” of COVID-19 waivers for prescribing controlled substances via telemedicine.

Originally published by Foley & Lardner LLP on May 11, 2023.

Articles

Employee Benefit Plans: Applying the ERISA Controlled Group and Affiliated Service Group Rules in the Health Care Industry

By Casey D. Knapp, Gage M. Maurer (Foley & Lardner LLP)

This article discusses the friendly-PC model, which is a common structure designed to comply with state corporate practice of medicine doctrines. The friendly-PC model involves a professional service corporation (PSC) conducting a medical practice in affiliation with a management services organization (MSO).

Although the friendly-PC model may be a solution to the corporate practice of medicine doctrine, it can create unintended consequences for employee benefit plans sponsored by the PSC and MSO.

Articles

FDA’s New Guidance Proposes Flexible Use of AI in Medical Devices

By Jessa Boubker, Kyle Y. Faget, Nathan A. Beaver, Monica R. Chmielewski (Foley & Lardner LLP)

This article discusses the U.S. Food and Drug Administration's draft guidance on artificial intelligence/machine learning (AI/ML)-enabled devices.

The draft guidance — "Marketing Submission Recommendations for a Predetermined Change Control Plan for Artificial Intelligence/Machine Learning (AI/ML)-Enabled Device Software Functions" — was issued on April 3, 2023.