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Explores an alternative billing method that uses a risk/reward model for working with outside counsel.

The Centers for Medicare and Medicaid Services (CMS), as part of 2023 Physician Fee Schedule proposed rule, has proposed significant revisions to the Medicare Shared Savings Program (MSSP). The revisions to the MSSP in the proposed rule (the Rule) are designed to address the lack of growth in beneficiary participation in the MSSP and the fact that higher spending beneficiary populations, and racial and minority beneficiaries are increasingly underrepresented in the MSSP. Read this article by Foley & Lardner to learn more about the proposed revisions to the MSSP.

Canada’s Anti-Spam Law (CASL) received Royal Assent in December 2010, and it is just a matter of time before it comes into force. CASL is designed to be one of the most stringent anti-spam regimes in the world and is intended to address the problem of spam, unauthorized interception of electronic messages and installation of software on a user’s computer without consent. Accordingly, all businesses that regularly communicate with Canadian customers and suppliers electronically will be significantly impacted. This extends from electronic messages, text messages, instant messages and social media through to software installation, automatic updates, software support and maintenance services. Businesses that do not comply with CASL’s requirements may be subject to both administrative monetary penalties and private law suits. This session is intended to help business prepare in advance by providing highlights of CASL, particularly areas that directly impact businesses, and address issues that corporate counsel should be aware of to ensure compliance.

This sample contract template can be used as a starting point when your company enters into a sublease of space it currently is leasing as a sublessor. The template can also be used when your company is a sublessee subleasing from a third party.

This resource is a Diversity, Equity, and Inclusion (DEI) checklist, developed by N.Cornell Boggs, III of Quarles & Brady LLP, that provides a thought starting process for In-house leaders and their corporate legal department as they engage in conversations that are aimed at making improvements internally, and externally with the service providers their company works with.

Spoliation of evidence due to data dumping carries great risks and penalties; still, refusing to dispose of data altogether does not make good business sense. Companies that have failed to dispose of unnecessary data accumulated over the last decade drive up ediscovery costs and make litigation preparedness more cumbersome. The solution is not an all-or-nothing approach — learn how to implement a defensible disposal practice.

This article focuses on the Centers for Medicare & Medicaid Services (CMS) massive rule (Final Rule)2 amending regulations for Medicare Advantage (MA or Part C), Medicare Cost Plan, the Medicare Prescription Drug Benefit (Part D) programs, and Programs of All-Inclusive Care for the Elderly (PACE).

Due to opportunities available in the Chinese market, many overseas companies have been trying to tap into it. However, it is important for overseas companies– particularly for the United States (US) companies – to be aware of both the restrictions imposed by the U.S. government, as well as the government of the People’s Republic of China before attempt to run business operations in the Chinese market.

All employers will be confronted with sickness absenteeism of employees at some stage. Under Dutch law, employees accrue holidays during sickness absence. However, in certain cases, (part of) the days the employees are absent due to illness can be deducted from holiday.

This is a sample computer, email and voice mail usage policy.

In-house counsel should keep immigration compliance in the front of their mind. While not as widely discussed or emphasized, the fact that the legal consequences of non-compliance are serious for organisations and reputational impacts can be just as damaging.

Kenneth Fredeen, general counsel of Deloitte Canada and one of the signatories of the Legal Leaders for Diversity program, discusses the role of general counsel, its potential, and its tendency to be misunderstood and sometimes undervalued within an organization.

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.

Overview of best practices for outsourcing and how this relates to Contract Lifecycle Management. 

Quick guide to help you establish which work to outsource. 

Dualistic thinking can sometimes hinder in-house counsel from finding different or unique solutions. In this article, learn more about how to overcome those mental roadblocks.

This program will focus on the application of the attorney–client privilege to the compliance officer as a mixed legal and business function, both in the United States and internationally. Speakers also will explore best practices related to invoking the privilege, who can make the claim and how to maintain the privilege.

These are guidelines to follow if you choose to identify yourself as a company employee or to discuss matters related to company business on the internet.

The high-stakes nature of litigation is widely recognized. But there is one area that should not be left to chance, and it occurs early<br />on in any suit — document preservation.

It is no longer enough for a business to show that it has adopted policies against discrimination and retaliation, and that it has in place a clear and effective process for reporting and investigating complaints. In order to manage risk and reduce liability, it is critical to train and educate employees. Learn more about what this training should look like.

This article provides an overview of two cases which highlight the importance of parties needing to negotiate in good faith. In particular, it notes that every right to negotiate process requires both parties to negotiate in good faith with the view of reaching an agreement about the relevant grand, regardless of there being a prior agreement about future grants.

This article is a white paper on data transfer to the U.S. and the effects derived from the judgment of the European Court of Justice (ECJ) regarding Safe Harbor.

Commercial Contract Series: Contractual Cyber Readiness - presentation held in Sydney 6 June 2017.

The articles in this Out In Front include: Going Global: IT Systems Legal Health Check Part 2, Shoveling Smoke: The Flip Side of Client Relations, Business Ethics: Carrots & Sticks and Contractual Cogitator: The Sweet and Sour of a Deal in Steel.

Canada is the United States’ largest trading partner, making disputes between US companies and Canadian companies inevitable. Consequently, US companies may be forced to resolve their disputes in Canadian courts. Although both legal systems share much in common, including traditional common-law principles, procedural rules and substantive rights for litigants differ significantly. This article describes some of the most important distinctions of the Canadian legal system.