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The Stacks

Get answers to all your legal questions. From trademarks to tax law to employment planning, find the information you need to power your business.

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Corporate & Securities

Raising capital in THIS market

As we plunge into 2023—amid rate hikes, market turbulence, inflation worries, tech-industry job cuts—it feels like it’s a good time to talk about raising capital. By “raising capital” we mean finding investors—individuals and venture capitalists—to put money into your company in exchange for equity. It’s an interesting time to pursue investors. The economy is awash in uncertainty. And ordinarily that would cause investors to slow down, stop cutting checks, hide in a dark room and…

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Compliance

When Compliance Falls Short

It is the nature of rules. They carry penalties. HIPAA’s Privacy Rule and the Security Rule are no exception with financial penalties topping out at $1,919,173 per violation. Per day. And plus there’s jail. So. Hey? Let’s talk about it? ? You’ll no doubt recall that the Privacy Rule and Security Rule were promulgated by the Department of Health and Human Services in furtherance of HIPAA—the Health Insurance Portability and Accountability Act of 1996. The Office…

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Compliance

The Joys of Working in the Medical Industry

Over the past few weeks, we’ve written about HIPAA in a fairly broad way. Today we’re going narrow the focus in on business associates. A “business associate” is someone that works with PHI—protected health information—on behalf of a covered entity, like a hospital or insurance company, but is not employed by the covered entity. Contractors. Tech companies. That kind of thing. If you’re in the business of working with health care providers or payers, you’re…

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Compliance

Man, I’m feeling compliant!

Quick refresh for those following along. We’re talking about HIPAA—the Health Insurance Portability and Accountability Act—which was created to facilitate sharing of PHI—protected health information—while limiting its unauthorized uses and disclosures. You may recall that HIPAA applies only to “covered entities” such as healthcare providers, health insurance plans, and the companies that help them carry out their operations, called business associates. Covered Entities. Business Associates. PHI. HIPAA. Got it. Now, if you find yourself in…

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Compliance

This is Your Life on HIPAA

HIPAA. The Health Insurance Portability and Accountability Act. (That’s two “A”s, if you’re keeping track at home.) HIPAA is as convoluted as it sounds. It’s an act of congress regulating a third of the world’s largest economy. So of course it is! And whether you’re a health-tech founder, run a medical clinic, or just need to get in for your first annual checkup in a decade, HIPAA is part of your life. Over the next few weeks…

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Compliance

Plug it in, Plug it in… or Maybe Don’t

So you want to go viral? Or maybe just make it a little easier to share your content. Either way, social-media companies are here for it with plugins and widgets that you can conveniently install right on your site. These plugins allow users to connect with the website through their social network profiles. This lets users promote the page to their own social feed, whether it be from liking, sharing, pinning, tweeting, ticking, tocking ……

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Compliance

CAN-SPAM

What’s the best way to get in front of customers? You could put up billboards. Put your face on a city bench. Maybe run advertisements on the FM radio? Surely some customers will see it. But you’re probably paying to get in front of a lot of non-customers too. What if you could, with just a few keystrokes, send a message directly to known customers, leads, and referral partners? Well you can, of course, through the magic…

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Compliance

And Now a Word From Today’s Sponsor

My name is Justin Magaña. And I want you to know that Stansbury Weaver is the most revolutionary legal solution for startups and tech companies since Alexander Hamilton! (Big tech guy, Hamilton.) Okay. So I may be a little biased. Stansbury Weaver did pay me to say that. Does that make it untrue? No. But would knowing I was paid to say it change your view of my authenticity? Probably. That’s why the Federal Trade Commission (FTC)…

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Compliance

Going Back to Cali

Who do you think the most powerful person in California is? Gavin? Chamath? Arnold?! Since 2018 it’s probably been Alastair Mactaggart. Mactaggart has been the champion of data privacy regulations in California, which will significantly impact online businesses around the world. In 2018, Mactaggart proposed a ballot initiative aimed at creating an online privacy environment similar to that of the GDPR in the EU. This led to the Consumer Rights to Privacy Act of 2018. Mactaggart calculated…

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