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Commentary

Sharing, mining patient data in digital health and telemedicine

The use of new technologies such as digital health applications, telemedicine and information exchanges can provide game-changing benefits for providers and patients alike. But with increased sharing comes increased risks to both the security and the privacy of patient information. ...

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Cyber risk and insurance: what your business needs to know

As we try to learn from the events of 2017 and make our business plans for 2018, it is apparent that managing “cyber risk” — the risk that your enterprise will be impacted by a data breach — has become ...

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Ballot questions could prove costly for employers

Come November, Massachusetts voters may have an opportunity to decide two ballot questions with significant — and potentially expensive — implications for employers in the commonwealth. The proposals would (i) increase the Massachusetts minimum wage, in stages, to $15 an ...

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MEPA is coming: an overview of the audit process

Major changes to the Massachusetts Equal Pay Act, G.L.c. 149, §105A, will take effect July 1. In some ways, the Massachusetts legislation goes farther than any prior pay equity legislation in the U.S. Is your company prepared? The best way ...

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Mergers & acquisitions in 2018: trends and risks

M&A is going to be red hot in 2018. High valuation multiples, dry powder, booming public markets, tax cuts. How can you fail? Beyond doing diligence and avoiding over-leverage, what information do you need to succeed as a business acquirer? ...

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Helping boards ID warning signs of toxic corporate culture

Boards of directors bear enormous responsibilities for the tone at the top and corporate culture of the companies they are entrusted to oversee. This fiduciary duty is evident in the selection of senior management and when assessing the overall ethical ...

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The personnel records puzzle: tips for employers

To many employers, responding to requests by current or former employees to review their personnel files might seem like a simple task. Such requests, however, involve important and often subtle issues that employers need to consider carefully. Many states – ...

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Health law basics for Massachusetts business lawyers

Every business lawyer needs to know health law basics when representing health care clients or handling business transactions relating to health care. This article aims to provide a basic “checklist” for general business lawyers in Massachusetts of issues that commonly ...

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Delaware appraisal law: searching for fair value

Delaware courts are altering the way in which they deal with minority shareholder complaints that M&A deal proceeds are inadequate. Just a couple of years ago, upon announcement of a merger or filing of a proxy statement, minority shareholders often ...

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Corporate counsel’s duties after ‘Baker v. WilmerHale’

Most attorneys representing closely held companies in Massachusetts likely took note of the recent decision in Baker, et al. v. Wilmer Cutler Pickering Hale and Dorr LLP, et al., in which the Appeals Court allowed the non-client minority members of ...

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