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ON-DEMAND INSIGHTS

Deadline to Complete CA's Mandatory Harassment Training Extended One Year to 1/1/21

Deadline to Complete CA's Mandatory Harassment Training Extended One Year to 1/1/21

September 5, 2019 at 3:30 PM - Employment Law,

As we shared back in April, a 2018 law requires all employers with five or more employees in California to provide effective, interactive harassment prevention training to all employees in the state: two (2) hours for supervisory employees and one (1) hour for non-supervisory employees. The deadline for complying with this law was originally January 1, 2020. However, California Governor Gavin Newsom recently signed legislation (SB 778) extending the deadline by one year, giving employers until January 1, 2021 to complete this training.

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New York's SHIELD Act Bolsters Data Security

New York's SHIELD Act Bolsters Data Security

September 5, 2019 at 11:26 AM - personal data,

It didn’t take long for other states to follow California’s lead in pursuing rigorous data privacy protections for their residents. Although New York was unsuccessful in passing its own version of the California Consumer Protection Act (CCPA) this year, legislation expanding data breach notification protocols was signed into law by Governor Andrew Cuomo on July 25, 2019¹. The SHIELD Act (the Stop Hacks and Improve Electronic Data Security Act) signals a growing trend in the U.S. toward strengthening data privacy protections in the wake of high-profile data breaches through the adoption of more comprehensive and enforceable regulations.

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A Closer Look at Indemnification Clauses

A Closer Look at Indemnification Clauses

August 14, 2019 at 2:35 PM - legal provisions,

This is the second post in a 3-part series; click here for Part 1.

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Nonprofit Regulation Compliance: Sweepstakes and Other Prize Promotions

Nonprofit Regulation Compliance: Sweepstakes and Other Prize Promotions

August 8, 2019 at 10:32 AM - compliance,

In her latest ACC Docket article, Outside GC's Lakshmi Sarma Ramani discusses the use of prize promotions, such as sweepstakes and contests, by nonprofit organizations, highlighting their obligation to comply with federal and state prize promotion laws despite being exempt from other tax laws.  

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The Basics Of Contract Damages

The Basics Of Contract Damages

August 8, 2019 at 9:35 AM - Negotiation,

This is the first post in a 3-part series.

When business negotiations are in full swing, clients are typically focused on bottom line business objectives, content to leave the lawyers to hash out standard legal provisions. However, certain legal provisions can also impact business risk, enough so that clients should understand how they work and what can be done to avoid unnecessary risk. One such provision that often receives little attention from clients is contract damages. However, the reality is that negotiating the scope of allowable damages requires a strategic examination of the risks inherent in the transaction and their possible impact on your position in the event of a breach of contract.

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Dissecting Key Legal Provisions for the Business Team

Dissecting Key Legal Provisions for the Business Team

August 8, 2019 at 9:23 AM - Negotiation,

Our team negotiates a lot of contracts and works with many clients across a broad range of industries. Over the years, we've noticed a varied approach to the contract negotiation process.  Some clients are highly involved, participating on every call and paying close attention to details, while others prefer to remain in the background and jump in only when directed by their lawyer.  However, the vast majority of business people fall somewhere in the middle – leading the negotiation of core terms such as price and payment terms – then deferring to legal counsel to handle provisions such as indemnification, limitation on liability and other legal boilerplate.

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In-House Counsel’s Balancing Act: Managing Risk without Stifling Growth

In-House Counsel’s Balancing Act: Managing Risk without Stifling Growth

August 7, 2019 at 2:04 PM - In-House Lawyers,

Managing risk is an integral part of conducting day-to-day business operations. When business leaders seek legal support, the in-house team should resist the temptation to reflexively say “no” when a course of action appears, at first glance, to pose significant risk. On the flip side, they also should avoid being a “yes-man/woman” to the C-suite. Instead, internal counsel can add significant value by looking beyond legal risk alone to identify, evaluate and manage the company’s total risk profile in a way that helps management achieve legitimate business objectives.

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OCR Fact Sheet Clarifies Instances of Business Associate Direct Liability under HIPAA

OCR Fact Sheet Clarifies Instances of Business Associate Direct Liability under HIPAA

July 11, 2019 at 1:55 PM - Healthcare,

On May 24, 2019, the Office of Civil Rights (OCR) – the arm of the Department of Health and Human Services that enforces the Health Insurance Portability and Accountability Act (HIPAA) – issued a new fact sheet clarifying the specific instances in which a business associate can be found directly liable for violations of the HIPAA Privacy, Security, Breach Notification and Enforcement Rules (“HIPAA Rules”). As you may know, prior to the promulgation of the 2013 HIPAA Final Rule, liability of business associates could arise only under the terms of a business associate agreement.

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Outside GC is an innovative approach to legal services for growing and mature businesses. Companies who engage Outside GC fall into two main categories: (1) those without in-house counsel who need regular, on-going legal support but do not wish to hire a full-time in-house lawyer, and (2) those with in-house counsel who do not wish to add more full-time resources to their existing in-house staff. Contact us to speak to one of our on-demand attorneys.