With over 900 pages of law & tens of thousands of pages of regulations, “ObamaCare” has been in the news and courts & now it’s on your desk and in your board room, C-suite and business units. Get your "cheat sheet" to navigating the implications of the Patient Protection Affordable Care Act (PPACA). The panel will tackle the hottest Affordable Care Act issues including: (1) Medicaid expansion - what states are expanding and what will be the impact to states that are not expanding; (2) New regulations - what are some of the most significant and controversial regulations and can more be expected in the near future; (3) Accountable Care Organizations (ACO) - great rewards are promised for healthcare companies willing to be accountable for better outcomes and savings, but what “pay for performance” and quality controls are being implemented, measured and reported and is it really worth it?
This article discusses the intricate legalities of and difficulties presented by web-based technology.
Without the guarantee of privileged communication, it is difficult for in-house counsel to effectively render legal advice to management. It is absolutely essential that counsel consider how a court will analyze privilege in order to ensure that sensitive communications remain confidential. If not, prepare to wave that privilege goodbye.
As corporate culture continues to expand on a global scale, professionals in almost every industry no longer find themselves restricted by borderlines and jurisdictions. This trend includes everyone — it would seem — except attorneys. These limitations are inconvenient and detrimental to the corporate attorney attempting to provide effective counsel. Change, however, is in the works. Explore the different reforms that might bring the in-house profession into the 21st century.
In sports, failure to keep your eye on the ball can mean the difference between winning and losing. This expression captures the current predicament of the fantasy sports industry, an industry where bountiful venture capital funding and rapidly expanding revenue distracted from the legal complications descending on the industry and threatened to destroy it.
As in-house counsel, you're constantly trying to find ways to turn a company's lemons into lemonade. So imagine if you could turn litigation, one of legal's sourest lemons, into a source of revenue. By making use of litigation financing, what was once a costly burden can transform into a functioning profit center.
For those in the United States, the days are becoming shorter, and holiday stress hovers around the corner for some. Check out the list below to see some aspects of your wellbeing to keep an eye on through the next few months.
This guide covers common issues in public investment funds – including registration, regulatory framework, marketing of public funds, and tax treatment – in 19 jurisdictions.
This sample three-party escrow agreement where the company provides flexible, comprehensive escrow services that generate the type of agreement that gives our customers the right level of protection in each unique situation.
This course will help you understand and recognize the differences between (1) "independent contractors" and "employees" and (2) "exempt" and "non-exempt" employees. Classifying workers correctly in each of these respects is extremely important under both federal and state laws. (Licensed for use in classroom settings only and not for distribution in any form.)
An article discussing the use of social media outlets such as Facebook and Twitter by employees, and what employers need to consider when employees use these outlets on or off of the clock.
Women and minorities are not frequently appointed in ADR and the lack of diversity is palpable. While diversity mandates in hiring outside law firms are commonplace, corporations often leave the choice and selection of neutrals to outside counsel without considering or imposing diversity requirements. This article makes a case for why it is time to focus on this oversight and correct it.
This article provides general counsel suggestions of what to do with an information management system after its in place.
This InfoPAK addresses United States laws imposing export controls and economic and trade sanctions. These laws and their implementing regulations can present unique challenges to businesses, as they are complex and often, can be counter-intuitive to the business person. Nevertheless, U.S. government enforcement agencies expect companies to know the rules governing cross-border commerce. Further, an increasing number of companies are being held accountable for violations of these laws and regulations and are receiving ever-increasing
penalties.
This InfoPAK (now known as ACC Guides) provides a high level overview of the lending mark, forms of security over assets, special purpose vehicles in secured lending, quasi-security, negative pledge, guarantees and loan agreements in England and Wales.
This article discusses The Pregnant Workers Fairness Act (“PWFA”) which creates new rights to reasonable accommodation for employees and applicants who have physical or mental conditions arising from pregnancy, childbirth or related medical conditions. The PWFA expands accommodation rights for pregnant individuals to be more in line with -- and in some respects, more expansive than -- those provided to qualified individuals with disabilities under the Americans with Disabilities Act (ADA).
This program will use humor, and chocolate, to provide an overview of equipment leasing from an accounting, tax and legal perspective and the ramifications thereof. There will also be a section discussing practical points (i.e., what to look for) when reviewing an equipment lease. Leave this session on a chocolate high with practical tips to negotiate into your next equipment lease.
Tools and tips for doing your job better.
The purpose of this Policy is to establish standards and expectations regarding any company-related use of Social Media.
This Wisdom of the Crowd (ACC member discussion) addresses whether"indemnify" has the same legal implication as "defend and pay" in EULA negotiations with software providers. This resource was compiled from questions and responses posted on the forum of the Intellectual Property Committee and the IT, Privacy & eCommerce Committee ACC Networks.
This is a sample of what board of director meeting minutes should contain.
This is a sample layout for minutes of a board of directors meeting.
This Australia-focused article highlights that an employee who causes their employer damage misusing social media will more than likely lose their job – however in some circumstances they may also be liable for financial losses their employer incurs as a result of their actions.
In this edition, the Docket reviews what every company in in the region needs to know in order to succeed, as well as providing a toolkit for counsel on mitigating IP loss exposure in China.
Use this tool to assess existing hospital/physician relationships in order to identify potential violations of the federal Stark Law, anti-kickback law or False Claims Act (or similar state laws), which could trigger disclosure and/or repayment obligations. This tool can also be used as an aid in negotiating and drafting new agreements with physicians. While this tool was designed primarily with the Stark Law in mind, some of its questions are applicable to an anti-kickback analysis as well.
This briefing summarises the key developments from 1 July 2022.
This article explains some common misconceptions around information sharing in the workplace and guidelines for educating employees on the responsible use of content concerning copyright.
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