Learn about challenges to E-commerce in the United States.
Jeff Isaacs has given much thought to the evolution of legal services over his 30-plus year career in the industry, both in legal operations and as an attorney acting as both outside and in-house counsel. I recently had the opportunity to catch up with him on his career and his decision to join KPMG LLP as Director, Global Legal Managed Services. Click here to read more.
On September 15, 2022, US Deputy Attorney General Lisa Monaco issued a memorandum outlining further revisions to the US Department of Justice’s (DOJ) criminal enforcement policies and practices. This article discusses DOJ’s two foundational expectations: prompt and transparent corporate self-disclosure and cooperation, and individual accountability.
In the wake of the US Supreme Court’s decision to overturn Roe v. Wade, the US Department of Health and Human Services (HHS) Office of Civil Rights (OCR) issued new guidance to address patient privacy under the Health Insurance Portability and Accountability Act (HIPAA) for those seeking reproductive health care services. This article discusses the guidance, which states that HIPAA allows providers to disclose certain protected health information (PHI), which includes information relating to one’s abortion or other reproductive care, without patient authorization only in specific circumstances that are “narrowly tailored to
protect the individual’s privacy and support their access to health services.”
Under the US Patent and Trademark Office’s (USPTO) new guidance on discretionary denial of institution of inter partes and post-grant (IPR and PGR, respectively) proceedings, a pending International Trade Commission (ITC) investigation is no longer a basis for the Patent Trial and Appeals Board (PTAB) to exercise its discretion to deny institution. This is a material change from past PTAB practice, which had previously denied institution of such post-grant proceedings due to an ongoing parallel ITC proceeding. This article discusses three considerations for ITC litigants given the USPTO’s new guidance.
Any entities that plan to invest or are already invested in digital health companies, entities that contract with them, or providers that offer in-house telehealth modalities must be aware of the significant regulatory oversight the industry faces. This article discusses the US Department of Health and Human Services' Office of Inspector General's Special Fraud Alert published on July 20, 2022, which was the same day the US Department of Justice announced a massive fraud takedown, targeting telemedicine providers and physicians that netted criminal charges against 36 defendants in schemes that allegedly defrauded the government out of more than $1.2 billion.
This article discusses the Delaware Court of Chancery's May 2022 decision in Totta v. CCSB Financial, which held that corporations and their boards cannot use their charter to alter the judicial standard of review or waive the duty of loyalty, and that action taken to interfere with stockholder voting rights will continue to be reviewed under the more onerous enhanced scrutiny standard.
In this ACC Guide, learn why letting electronic information accumulate can be hurtful, and why deleting it can be difficult. The guide reviews several deletion approaches that are ineffective and highlights those approaches that work well. These smart strategies will enable companies to create effective programs that ensure compliance, reduce risk, lower costs, and increase productivity.
In this multi-country guide, learn about the legal framework for international arbitration in a wide range of jurisdictions.
Public reporting company status is traditionally prestigious, increases access to capital, improves liquidity and enables more favorable financing terms and opportunities. Yet public reporting company status exposes companies to the glare of public scrutiny and burdensome compliance obligations, often before they are ready to shoulder those responsibilities and sometimes without raising much capital or increasing liquidity and financing opportunities appreciably. In the meantime, the private equity markets increasingly dwarf the public markets and provide the overwhelming amount of capital markets investment. This article addresses the question of when should companies go public, and when should they stay private.