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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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Articles

Mergers & Acquisitions II: Tax Structuring Considerations: Deal Points

By Owen D. Kurtin, Kurtin PLLC

This article on mergers and acquisitions (M&A) reviews the principal U.S. tax considerations influencing M&A transaction structuring. Following the discussion are “Deal Points” on important considerations in the purchase or sale of a business: what to do, and what at all costs not to do.

Resource

The Future of the 340B Program: 2023 Key Decisions

By Anil Shankar Stephanie J. Schwartz Adria Warren

This article discusses the critical decisions that are pending before courts and legislators in 2023 that promise to shape the future of the 340B Drug Pricing Program (340B Program), which provides discounts on outpatient drugs for certain health care providers, referred to as “covered entities.” The resolution of these issues will have an enormous financial impact on the health care industry, including pharmaceutical manufacturers, 340B hospitals, and federal grantees.

Articles

Proposed Revisions to Medicare Shared Savings Program: CMS Encourages Participation

By Alexis Finkelberg Bortniker, C. Frederick Geilfuss II, Alexandra B. Shalom, Foley & Lardner LLP

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.

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Key Steps for Organizations in Responding to Privacy Breaches (Canada)

By Office of the Privacy Commissioner of Canada

The Canadian government issued this document to provide guidance to private sector organizations, both small and large, when a privacy breach occurs. Organizations should take preventative steps prior to a breach occurring by having reasonable policies and procedural safeguards in place, and conducting necessary training. This guideline is intended to help organizations take the appropriate steps in the event of a privacy breach and to provide guidance in assessing whether notification to affected individuals is required. Not all steps may be necessary, or some steps may be combined.

Articles

Acknowledging Federal Holidays in the Workplace -- Including Juneteenth (United States)

By Shar Bahmani, and Katya M. Lancero, Sacks Tierney (a Meritas law firm)

This article explains whether private-sector employers are required to acknowledge federal holidays and provide premium holiday pay, it highlights Juneteenth National Independence Day and provides ways for companies to celebrate the holiday, and it summarizes federal contractor holiday pay requirements and religious accommodation obligations.  Finally, this article underscores the importance of a holiday pay policy, identifies “do’s and don’ts” for holiday parties, and sets forth public-sector employer holiday pay requirements. 

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