HIPAA’s Business Associate Traps for Biotech & Life Sciences

Since inception, the Health Insurance Portability and Accountability Act of 1996, et seq. (HIPAA) has required that patient health information (PHI) be kept confidential. HIPAA meets this goal primarily through its Privacy Rule, Security Rule and Breach Notification Rule. “Covered Entities” such as physicians, hospitals and insurers were initially the only entities required to comply with these Rules. The increased use of digital media for storage and transmission of PHI lead to the passage of the Health Information Technology for Economic and Clinical Health Act Continue reading →

There’s No Such Thing as Boilerplate

The Philadelphia business attorneys of the Ezold Law Firm provide ongoing legal counsel and representation to our business and corporate clients, acting as general outside counsel. Part of what we do includes assisting our clients with reviewing and drafting contracts, as well as strategizing with regard to contract negotiations and terms. Just as each relationship with each client is unique, each contract is unique, and has to be approached in that manner. This means that when it comes to contracts, there really is no such Continue reading →

Common Noncompetition Agreement Mistakes by Employees

Noncompetition agreements (a type of contract known as a “restrictive covenant”) are far more commonplace in 2019 than they have ever been. Entry-level employees are regularly asked to sign them, frequently without knowing how they will affect their career down the line. These are very dangerous agreements; many times there are valid reasons for having them, but they can also be afterthoughts with wide-reaching implications for employees. I’m going to discuss several of the common mistakes made in negotiating and understanding noncompetition agreements by employees. Continue reading →

The FDA Moves Towards a Streamlined Regulatory Process for Artificial Intelligence

A question that investors frequently ask of emerging growth life sciences companies is whether they have considered how to monetize the data they will inevitably collect in the development, marketing and sale of their service or product. Data merely existing in a compilation can have value; analytics can increase that value by orders of magnitude. Beyond compilation and analytics is the use of data to provide direct treatment or services. Using artificial intelligence (AI) (smart machines that are developed to do work normally done by Continue reading →

Common Noncompetition Agreement Mistakes by Employers

Noncompetition agreements are an increasing part of the employment landscape. Once considered unusual and only for C-suite employees, they are routinely required of entry-level employees. These types of agreements are highly technical and must clear several legal hurdles to be enforceable. The result is that they are poorly understood and implemented. I’m going to discuss several of the common mistakes made in drafting and implementing noncompetition agreements by employers. Some common employer mistakes are: Surprising existing employees without compensation. Noncompetition agreements are contracts; all contracts Continue reading →

Advising Life Sciences Clients on Private Equity

Life sciences/biotech companies are a significant economic driver in the greater Philadelphia area, with an estimated 1,200 businesses employing nearly 50,000 people in 2017.[1]  In my experience, there is significant growth within the early stage life sciences sector; most will need to seek capital to grow to an inflection point.  Much financing is through angel investors; what used to be a purely venture capital space has opened up to professional angels, primarily through investment groups such as The Keiretsu Forum, the Mid-Atlantic Bio Angels and Continue reading →

Settlement of Commercial Litigation Matters: Approaches and Issues to Keep in Mind

Settling commercial disputes frequently implicates a wide range of issues than settling personal matters; in this article I will discuss approaches and issues to keep in mind in resolving commercial disputes. By Christopher E. Ezold | April 17, 2018 The themes of commercial disputes are often the same as those of personal disputes—someone feels a promise was broken, blames another for property loss, or believes a duty was shirked. Instead of divorce or personal injury claims, however, these themes play out within more complex structures, Continue reading →

Attorney Ezold Publishes Litigation Hold Letter Article in The Legal Intelligencer

Attorney Christopher E. Ezold, a managing partner at the Ezold Law Firm, recently published an article in “The Legal Intelligencer” regarding the importance of litigation hold letters. In the article, he discusses the importance of litigation hold letters for clients in commercial disputes, and how it helps them in their cases. He reviews the fundamentals and time tables for their submission, and how they protect clients. With over 20 years of experience in commercial, business, and employment matters, Mr. Ezold represents both business and individual Continue reading →

First Court Ruling that ADA Title III Accessibility Applies to Website

Last week, Florida Federal District Judge Robert Scola ruled that Title III of the ADA required the Winn-Dixie website to be accessible to people with disabilities. In a bench trial, the plaintiff, a blind man using screen reading technology to access the internet, obtained injunctive relief.   Title III prohibits discrimination against people with disabilities in places of public accommodation.  This is the first court to hold that Title III accessibility requirements apply to a virtual space.  Judge Scola issued a verdict and draft injunction holding Continue reading →

Philadelphia Business Lawyers: No Cyber Liability Coverage for Knowing Refusal to Release Data

Last month, one of the first courts to address coverage under a cyber liability policy held that allegations of refusal to release data to a customer did not trigger a duty to defend the insured for technology errors and omissions liability. In Travelers Property and Casualty Company of America v. Federal Recovery Services et al., Travelers filed a declaratory judgment action to determine its obligation to defend its insured Federal Recovery Services, Inc.  Federal Recovery was in the business of processing, storage and transmission of Continue reading →