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HIPAA Compliance Considerations During the Pandemic

HIPAA Compliance COVIDAs 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

Health Care Providers Face Growing Ransomware Risks, and Potential Sanctions for Paying Ransom

Ransomware AttackAs 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. 

PPP VideoThis 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

Investor with laptopOn 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

TrademarkDue 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

EmailFor 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

PPP Loan with Sticky NoteFor 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

Latest Trend in Executive Compensation: To Include Diversity & Inclusion or Not?

Diversity & Inclusion in WorkplaceCompanies are increasingly tying executive compensation to diversity and inclusion (“D&I”) initiatives in an effort to increase female and minority representation among the workforce and management. Despite progress in recent years, an overwhelming majority of executives in the United States remain Caucasian males. Many companies have previously adopted diversity measures at the directorship-level; however a lack of diversity remains at the management level and among the rank and file employees. Read More ›

Categories: Compliance, Employment, Inspirational, Liability

Legal Impact of a Pandemic - Interview with John Mashni

Attorney John Mashni discusses several topics affecting Michigan businesses amidst the COVID-19 pandemic during an interview with mConnexions' Principal Strategist, Julie Holton. Mashni offers some insight for businesses dealing with issues such as cybersecurity, contract enforcement, and employment. You can view the entire interview below. Please visit our Coronavirus Task Force Page for more resources related to this ongoing situation.


Categories: Compliance, Contracts, Cybersecurity, Employment, Tax