Counseling the Counselors
September 02, 2015
A variety of potential liability theories ' such as professional malpractice and breach of fiduciary duty claims ' may be pursued against in-house counsel by the corporation, its shareholders, and members of the public, as well as by governmental authorities. Here's what you need to know.
Buyout Funding and Death Benefits
September 02, 2015
Professional service organizations traditionally have elected a pass thru entity status (S Corp., LLC, LLP, partnership) in order to reduce double taxation at the principal's level. Similar additional taxation may occur with C Corps. and accumulated earnings tax as well as other confiscatory grabs. These issues create an impediment for the current accumulation of funds to satisfy a principal's buyout in future years.
It's Time for a Data Protection Checkup
September 02, 2015
This article is part of a series based on the BakerHostetler Data Security Incident Response Report. It focuses on developing and maintaining an information governance (IG) program. Look for further installments in future issues.
Strict Liability Claims for Prescription Medical Products
September 02, 2015
On July 16 of this year, decisions by two federal judges once again spoke to the Pennsylvania Supreme Court's silence on a fundamental issue of tort law applicable to prescription medical product liability claims in the Commonwealth.
Understanding and Avoiding Health Care Fraud Enforcement
August 02, 2015
In March 2015, the DOJ and HHS released their annual joint report to Congress on the Health Care Fraud and Abuse Control Program (HCFAC) detailing monetary recoveries, return on investment and enforcement actions for fiscal year (FY) 2014, which ended on Sept. 30, 2014. Herein is a discussion of the report.
Health Care Fraud Enforcement
August 02, 2015
In March 2015, the DOJ and HHS)released their annual joint report to Congress on the Health Care Fraud and Abuse Control Program (HCFAC) detailing monetary recoveries, return on investment and enforcement actions for fiscal year (FY) 2014, which ended on Sept. 30, 2014. This article discusses that report.
<b><i>Practice Tip: </i></b> Fighting to Win: A General Counsel's Perspective on Retaining Outside Counsel
August 02, 2015
The Northern District of California is dubbed the "Food Court" for the hundreds of false-advertising, food-labeling class actions filed there in recent years, now averaging one per week. These lawsuits are brought on behalf of consumers who allege that buyers of various food and beverage products are harmed because they consume products with labels promoting specific attributes or claims such as "better for you" or "all natural."
Data Sharing in the Cloud
August 02, 2015
Storing and sharing data "in the cloud" has become, in many instances, a business necessity. The practical and economic advantages of cloud computing are clear ' it eliminates the need to send client data via traditional, costly methods, and is significantly less expensive than building and maintaining the same data storage capacity in-house.
Underground Storage Tanks
August 02, 2015
There are over a half-million underground storage tanks in the U.S. containing petroleum or other substances that are subject to federal regulation. This is in addition to the countless underground and above-ground tanks storing heating oil or other substances that are not subject to federal oversight. This article presents a regulatory overview and discusses coverage issues.
