HIPAA Compliance Considerations During the Pandemic
This article has been updated with new information since it was originally published on November 16, 2020.
As health care providers continue to face new challenges relating to the COVID-19 pandemic, it is important for providers to maintain compliance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). Although the Department of Health and Human Services Office for Civil Rights (“OCR”) has loosened some requirements to allow health care providers flexibility during the COVID-19 pandemic, a majority of the patient protections under the HIPAA Privacy Rule have remained intact. Read More ›
Categories: Compliance, Cybersecurity, Electronic Health Records, HIPAA
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I Want Out: Dealing with Contracts in the Time of Corornavirus
In March 2020, we published an article about how the Coronavirus impacts your contracts and whether force majeure clauses could excuse non-performance. Since then, our attorneys have received a number of questions from clients related to the Coronavirus/Covid-19 and how our clients may address issues of performance, delivery, and payment when the Coronavirus impacts a company’s ability to complete its responsibilities under a contract.
As a country, we have seen the Olympics, music events, sporting events, Broadway performances, and many other events cancelled as a result of the Coronavirus. Many companies have struggled to address the cancellations without facing massive financial impact, but without proper prior planning, the last few months have been financially difficult. Read More ›
Categories: Contracts
Minimizing Cybersecurity Risks for Remote Workers
With more employees working remotely for the foreseeable future, a resulting increase in spoofing and other hacking attempts is becoming a very common and real threat. It is imperative for a business to have the proper protection policies and procedures in place.
In the following video, moderated by Patricia Scott, attorneys Taylor Gast and Robert Hamor discuss ways to minimize risk and avoid disaster as more employees work remotely. This video touches on the recent rise in computer hacking attempts, along with a discussion on strategies to protect businesses and employees.
Click the thumbnail below to view the full video.
This video is for general information purposes only and IS NOT LEGAL ADVICE. If you seek legal counsel or need help in determining how this information applies to a specific situation, contact a Foster Swift business & tax law attorney before taking any action.
Categories: Compliance, Cybersecurity, Digital Assets
Health Care Providers Face Growing Ransomware Risks, and Potential Sanctions for Paying Ransom
As if COVID-19 wasn’t enough of a challenge for many struggling hospitals and health care systems, there is another growing threat they must guard against: cyberattacks.
On October 28, 2020, the FBI, Department of Health and Human Services, and Cybersecurity and Infrastructure Security Agency issued a report warning of "an increased and imminent cybercrime threat" to U.S. hospitals and health care providers. Read More ›
Categories: Cybersecurity, Electronic Health Records, Hospice, Hospitals
The Impact of PPP Loans on Mergers & Acquisitions
With the addition of new rules from the SBA (Small Business Administration), business & tax law attorneys Taylor Gast and Mike Zahrt discuss these updates regarding the impact of PPP Loans on Mergers & Acquisitions activity. Read More ›
Categories: Alerts and Updates, Compliance
Recent Questions Regarding PPP Forgiveness Applications
As PPP (Paycheck Protection Program) Loan Applicants await for banks to open their portals and begin accepting forgiveness applications, Foster Swift Business & Tax attorneys Taylor Gast and Mike Zahrt discuss recent updates regarding applications along with answers to common questions to consider regarding the next steps in the loan process.
Click the thumbnail below to view the full video.
This video is meant to provide general information and SHOULD NOT BE CONSIDERED LEGAL ADVICE. If you seek legal counsel or need help in determining how this information applies to a specific situation, contact a Foster Swift business attorney before taking any action. Our attorneys can help assist you in making the best decisions for your circumstances.
Categories: Alerts and Updates, News
SEC Expands Accredited Investor Definition to Include Sophisticated Investors, Others
On August 26, 2020 the Securities and Exchange Commission (SEC) adopted amendments to Rule 501(a) of the Securities Act that expand the definition of “accredited investor” to include additional categories of investors who may invest in unregistered private offerings. This amendment is intended to provide greater access to private investment markets. The amendments become effective 60 days after the new rule is published in the Federal Register. Read More ›
Categories: Entity Planning, Entity Selection, Organization & Planning, News, Startup, Venture Capital/Funding
What’s in a Name? Protecting Your Business’s Name from a Look-Alike
Due to the depth of information this article provides, the full article is linked below and is also featured under 'Publications' on this site.
As the old phrase goes: what’s in a name? For any business, a name is a brand. A name is tied to a reputation, a marketing strategy, and a presence within an industry. We have all laughed at off-brand products in grocery store aisles: Mountain Mist masquerading as Mountain Dew, Mr. Pibb stepping in for Dr. Pepper, or Cinnamon Crunch Squares replacing Cinnamon Toast Crunch. Other times, similar names represent companies in unrelated industries: Domino Sugar vs. Domino’s Pizza or Delta Airlines vs. Delta Faucets. But when does a company’s name cross the line into violating another company’s rights?
See the full article here.
Categories: Intellectual Property, Trademarks
New Safe Harbor Announced for Electronic Disclosures Required by ERISA
For more articles from the June 2020 Issue of Business & Tax Law News, click here.
The Employee Retirement Income Security Act of 1974 (“ERISA”) and its applicable regulations require a plan administrator to provide a number of notices to plan participants. For example, an ERISA plan administrator must provide to all plan participants a Summary Plan Description (“SPD”) that provides an overview of plan terms. Additionally, a plan administrator must provide a Summary of Material Modifications (“SMM”) to plan participants every time it makes certain changes to the plan. Read More ›
Categories: Electronic Health Records, Employee Benefits
A Guide to the Employee Retention Tax Credit: An Alternative to the PPP
For more articles from the June 2020 issue of Business & Tax Law News, click here.
The CARES Act created the Employee Retention Tax Credit (“ERTC”), which is designed to provide financial relief to employers during the COVID-19 pandemic. The ERTC is a refundable tax credit that is credited against an employer’s share of social security taxes for specific wages paid on or after March 12, 2020 and before January 1, 2021. An eligible employer can access ERTC funds by (1) immediately reducing employment tax obligations, (2) applying for an advance payment of the estimated credit, or (3) calculating the final credit amount at the end of the applicable calendar quarter, usually on Form 941. Importantly, an employer that has received a Paycheck Protection Program (PPP) loan cannot also claim the ERTC (unless the employer has repaid its PPP loan by May 14, 2020). Read More ›
Categories: Employment, Tax
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