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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.

In light of recent state-level trends, businesses have begun exploring avenues to assist employees in states with restrictive abortion laws with travel to nearby states to receive abortion services. In implementing these programs, employers should consider the various ERISA and tax code-related provisions that may impact design.
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his article was published by Seyfarth Shaw LLP on May 13, 2022.

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

Quick guide to help you establish which work to outsource. 

An experienced panel of experts will provide a summary of the highlights in labor and employment law thus far in 2015, and benchmarking on practical solutions related to trending issues.

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.

In this US-based Independent Contractor Agreement Template, you can find sample clauses to govern the relationship between the company and its contractor.

This is a sample vendor business associate agreement regarding HIPAA.

This is a non-disclosure and confidentiality template agreement among three companies, two of which are based in Delaware and Virginia respectively.

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.

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.

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.

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.

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.

This issue discusses in-house salaries, electronic monitoring in the global workplace, building successful relationships with work councils in Europe, and more.

Companies must compete globally today, and international joint ventures (IJV) or consortium agreements (project joint ventures, PJVs) are a complex and necessary part of this business. They aid companies in forming strategic alliances that allow them to gain access to a partner’ s essential local markets, resources, expertise and technology. They also bring substantial risk, including significant economic and compliance risk. This session will prepare in-house counsel to advise on the pros and cons of JVs and PJVs, including geographic, cultural, economic and compliance considerations, and review the basic elements of JV and consortium agreements with an eye to maximizing the value and mitigating the risks. Panelists will cite real-life examples to illustrate how to structure, negotiate and manage these types of agreements for international projects.

No, this isn’t a futuristic discussion of how technology will replace your staff (so tell the kids to go back to their homework - you can handle this one yourself). John H. Ogden, of Werner & Pfleiderer Corporation and Krupp USA Financial Services imparts his down-to-earth strategies for making a virtual department out of part-time attorneys, legal research firms, contract attorneys, networking, and retained counsel.

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.

Abel Martinez, vice president of partner relations, risk solutions and compliance at HE Butts Grocery Co., discusses the importance of respecting employees when it comes to mitigating employment and labor risks.

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.