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ON-DEMAND INSIGHTS

Remaining GDPR Compliant When Conducting Clinical Trials in the EU

Remaining GDPR Compliant When Conducting Clinical Trials in the EU

June 10, 2020 at 12:50 PM - EU Laws,

Many U.S.-based life sciences companies outsource their clinical trial needs to laboratories outside of the U.S., including labs located in the European Union (EU). Others conducting clinical trials in the U.S. may be involved with the collection and processing of EU patients’ data in some other capacity. Despite the benefits of such international cooperation, these arrangements trigger an array of compliance obligations for U.S. companies under a number of EU laws[1], including the General Data Protection Regulation (GDPR) and its rules pertaining to data processing activities.

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Massachusetts Phase 1 Reopening Guidelines: Key Considerations for Employers

Massachusetts Phase 1 Reopening Guidelines: Key Considerations for Employers

May 20, 2020 at 2:18 PM - coronavirus,

Over the past few days, Governor Charlie Baker’s office has released guidance for employers on its phased reopening of the Massachusetts economy.  The plan to reopen includes a carefully planned, four-phase approach which addresses which businesses can open when, and what requirements those businesses must follow in order to resume operations.  Each phase will last a minimum of three weeks or longer, before transitioning to the next phase, though public health trends may require the state, or certain regions, to revert back to previous phases.

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May 2020 Immigration Roundup

May 2020 Immigration Roundup

May 15, 2020 at 4:40 PM - Immigration,

Outside GC's immigration team shares important immigration-related developments below:

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More Guidance on the Paycheck Protection Program

More Guidance on the Paycheck Protection Program

May 8, 2020 at 3:18 PM - coronavirus,

Although the Paycheck Protection Program (PPP) received additional funding on April 24th, many small businesses impacted by the COVID-19 health crisis still report difficulty with navigating the application process. The Treasury Department has responded by issuing more PPP-related guidelines and information on its CARES Act assistance page.

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Seven Issues to Look for in Non-Solicitation Clauses

Seven Issues to Look for in Non-Solicitation Clauses

May 8, 2020 at 12:48 PM - commercial contracts,

A non-solicitation clause is a provision in a contract generally prohibiting the hiring (or attempting to hire) of one of the other party’s employees or contractors. It can be thought of as an “anti-poaching” provision. Often, vendors will add such a provision to keep its customers or clients from poaching the vendor’s employees in an attempt to avoid using the vendor by bringing the vendor’s expertise in house. When this happens, the vendor loses not only a key employee, but also, in many case, a client.

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Additional Funds for the SBA's Paycheck Protection Program

Additional Funds for the SBA's Paycheck Protection Program

April 24, 2020 at 1:36 PM - coronavirus,

When the federal government announced the Paycheck Protection Program (“PPP”) several weeks ago, making available $349 billion for loans to small businesses impacted the COVID-19 health crisis, borrowers scrambled to submit loan applications in accordance with the “first-come, first-served” process. On April 16th, PPP funds were depleted, leaving many small businesses empty-handed. In response to the continued need, the government has approved additional funds for both the PPP and the SBA’s other loan program that can be used to reduce the impact of COVID-19, the Economic Injury Disaster Loan Program ("EIDL Program”).

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President Trump Signs Immigration Proclamation Temporarily Restricting Entry for Some, Not All

President Trump Signs Immigration Proclamation Temporarily Restricting Entry for Some, Not All

April 23, 2020 at 3:16 PM - Immigration,

Last night, President Trump signed a Proclamation restricting immigration to the U.S. for certain foreign nationals. The order takes effect at 11:59pm EDT on April 23, 2020 and is effective for 60 days (and may be continued depending on labor market conditions.)

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The Coronavirus and Force Majeure

The Coronavirus and Force Majeure

April 22, 2020 at 3:33 PM - commercial contracts,

The coronavirus has toppled business as we know it, and many companies are attempting to right themselves by scaling back, including seeking to be excused from contractual obligations pursuant to a “force majeure” provision in their agreements. Force majeure is one of a handful of standard “boilerplate” contract terms that is often skimmed over (at best) or overlooked by the parties, given its relative unimportance as compared to more substantive provisions. However, when faced with unexpected and/or uncontrollable circumstances, a precisely worded force majeure clause can sometimes offer a lifeline that will excuse one party’s performance obligations.

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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.