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ON-DEMAND INSIGHTS

More Fairness for Reimbursement of Out-of-Network Services

More Fairness for Reimbursement of Out-of-Network Services

November 15, 2022 at 1:32 PM - healthcare law,

Recently, the Departments of Health and Human Services, Treasury and Labor (collectively, the Departments), issued Final Rules relating to the 2020 No Surprise Act (NSA), a federal law which prohibits out-of-networks providers (‘OON Providers”) from billing patients for certain out-of-network charges if the patient did not know/consent to the use of the OON Provider (as opposed to the patient selecting an in-network provider for the same product or services). Effective October 25, 2022, the Final Rules are intended to ensure a more balanced approach to negotiations between OON Providers and group health plans and health insurance issuers (“Plans”) regarding payment for out-of-network products or services.

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In-House Counsel’s Role in Optimizing Intellectual Property

In-House Counsel’s Role in Optimizing Intellectual Property

November 9, 2022 at 1:33 PM - Intellectual Property,

Most businesses realize that intellectual property (IP) is a valuable asset worthy of investment and protection; yet many limit the potential of their portfolio by thinking too narrowly about the full range of IP that is owned and how best to leverage it. Having a clear IP strategy focused upon revenue enhancement can help avoid such limitations, and in-house counsel can play a key leadership role in this work by helping to develop and implement a plan that identifies, protects and monetizes their clients’ IP to the greatest advantage.

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Understanding the Privacy Right to Be Forgotten

Understanding the Privacy Right to Be Forgotten

November 7, 2022 at 3:37 PM - Data Privacy,

Since 2018, the General Data Protection Regulation (GDPR) has wielded a significant impact on privacy practices across the globe. Aside from offering strong protection for the personal data of European Union citizens, GDPR has effected many changes in the way companies conduct business when EU data is part of the equation. Likewise, it has become the gold standard and a model for privacy legislation in many jurisdictions within the United States, as well as around the world.

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3 Creative Ideas for Writing a More Compelling Collection Letter

3 Creative Ideas for Writing a More Compelling Collection Letter

November 2, 2022 at 2:53 PM - collections,

It’s an unfortunate, yet common, problem. A customer fails to pay their bill in accordance with the agreed upon payment terms. Despite gentle reminders via phone, email and even snail mail, the invoice remains unpaid, leaving you with what feels like last-ditch options. You could hire a collection agency (but their fees will bite into your profit), or send a demand letter threatening legal action (but they all look the same and never seem to work). Finally, you could choose (perhaps begrudgingly) to write off the debt.

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FTC Shines a Light on Digital Dark Patterns

FTC Shines a Light on Digital Dark Patterns

October 25, 2022 at 1:16 PM - Federal Trade Commission,

Companies that operate e-commerce sites or mobile apps are likely familiar with an online design practice known as digital dark patterns. However, they may not be aware of the Federal Trade Commission (FTC)’s evolving position on such practices, certain of which the FTC has consistently found to be unlawful.. A recent FTC report on the subject (“FTC Report”) offers important insights on common digital dark pattern practices and warns that aggressive enforcement action is likely.

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New California Law Requires Physicians to Notify Patients about Open Payments Database

New California Law Requires Physicians to Notify Patients about Open Payments Database

October 24, 2022 at 3:18 PM - healthcare law,

On September 29, 2022, California Governor Gavin Newsom signed into law California Assembly Bill 1278 (AB 1278) which will require physicians and their employers to provide patients with notice of the Open Payments database at the initial office visit. By adopting AB 1278, which goes into effect on January 1, 2023, California becomes the first state to impose this disclosure obligation on physicians.

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Exclusive Use Provisions in Commercial Leases

Exclusive Use Provisions in Commercial Leases

September 22, 2022 at 2:36 PM - Commercial Real Estate,

Exclusive use provisions are common in commercial leases, especially those involving large shopping centers with many tenants. An exclusive use provision allows a tenant to use its premises for an intended specific use (for example, as a restaurant, clothing store or electronics retailer), and restricts other tenants in the shopping center from using their premises for the same or a similar use. Landlords and tenants generally understand what exclusive use provisions are, but often fail to give these provisions the time and attention they deserve when negotiating a lease. If not drafted carefully, an exclusive use provision can create problems for both tenant and landlord.

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8 Reasons Why a Website (or app) Needs Terms of Use

8 Reasons Why a Website (or app) Needs Terms of Use

September 21, 2022 at 1:34 PM - online agreements,

Terms of Use (also known as Terms of Service) play a pivotal role in digital business practices. These online agreements are intended to form a contractual relationship between a website or app and its user. Issues surrounding the enforceability of such agreements have been the subject of many legal articles, including this one written by my colleague. In addition to advising clients on enforceability, another question I am often asked is whether Terms of Use are always necessary, even for small, very basic public websites or apps (and if so, why).

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