Business Better

In this episode, we discuss the recent US Supreme Court ruling in the Students for Fair Admissions Inc.'s lawsuits against Harvard University and the University of North Carolina, which challenged the constitutionality of their race conscious admission policies. We'll consider the potential implications across multiple settings, from university admissions policies, to workplace and other DEI programs. Bill Rhodes, a Partner in Ballard Spahr's Public Finance Group and Leader of the firm's Education Industry Team, hosts the discussion. Bill is joined by Brian Pedrow, a Partner in our Labor and Employment Group, and Co-Leader of the Diversity, Equity, and Inclusion Counseling Team; Dee Spagnuolo, a Partner in our White Collar Defense and Internal Investigations Group, and Co-Leader of the Diversity, Equity, and Inclusion Counseling Team; and Elizabeth Wingfield, an Associate in our Litigation Department.

In this episode, we discuss the current trend in the health care industry regarding the development of micro-hospitals, especially in certain rural areas. We explain what a micro-hospital is (and is not), the drivers behind the proliferation of micro-hospitals in certain areas of the country, and the various ways they are being financed. Phil Legendy, Of Counsel and Co-Leader of Ballard's Health Care Industry Team, hosts the discussion. Phil is joined by Bill Rhodes, a Partner in our Public Finance Group and Leader of the firm's Education Industry Team, Kevin Cunningham, Senior Counsel in the Public Finance Group, and Eric Temmel, an Associate in the Health Care Industry Team.

In this episode, we discuss what employers, in-house counsel, HR departments, and business owners need to know about effective confidentiality and non-solicitation agreements, and the future of non-compete agreements. Mitch Turbenson, an Associate in our Litigation Department, hosts the conversation. Leslie John and Jay Zweig, both of whom are Partners in our Litigation Department, and who focus their practices on antitrust and employment law matters, join Mitch.

In this episode, we're joined by Greg Nodland and Michael Ferkovic, CEO and Vice President of Business Development, respectively, at Ridgemont Equity Partners' portfolio company Sunvera Group, a management services organization providing management and administrative solutions to ophthalmology practices across multiple subspecialties. Jeffrey Fickes, Co-Leader of the Private Equity Group, hosts the discussion.

In today's episode, we're joined by special guest Paul Silverman, Co-Founder and Principal of SILVERMAN. SILVERMAN is a real estate company that restores and transforms historic architecture into thoughtfully designed residences in Jersey City. Krishana Pleasant, Of Counsel in our Real Estate Finance Group, hosts the conversation.

This episode is part of our Cyber Adviser series, where we discuss emerging issues in the world of data privacy and security. The emergence of tools like ChatGPT has demonstrated the tremendous business potential for artificial intelligence. At the same time, businesses need to be aware of the growing patchwork of laws and regulations in the U.S. and EU governing the development and use of AI. Our lawyers will provide an overview of the current regulatory landscape for AI in the U.S. and EU and identify some best practices for businesses to employ as they consider use of AI tools. Phil Yannella and Greg Szewczyk, Co-Leaders of Ballard Spahr's Privacy and Data Security Group, host the discussion. John Kerkorian and Tim Dickens, both of whom practice in Ballard's Commercial Litigation and Dispute Resolution Group, participate in the conversation.

The recent collapse of Silicon Valley Bank has caused concern across the country among investors, consumers, and businesses. Today, our lawyers recap on the series of events that unfolded since March 10, 2023, and answer the most frequently asked questions regarding SVB's receivership and derivatives. Scott Diamond, Co-Leader of Ballard's Derivatives, Structured Products, and Secondary Markets Team, and a member of the firm's Distressed Assets and Opportunities initiative steering committee, provides his insightful analysis on these issues. Matthew Summers, Co-Leader of Ballard's Bankruptcy and Restructuring Group and Distressed Assets and Opportunities initiative facilitates the discussion.

In this episode, we discuss the Centers for Medicare and Medicaid Services' proposed changes to the Medicare Advantage risk adjustment payment model, which will take effect in 2024 if finalized. We're joined by special guest Alex Oliphant, Director of Berkeley Research Group's Health Analytics practice, who has extensive experience in the workings of the Medicare Advantage payment model. Phil Legendy, Of Counsel in Ballard's New York office and a member of our Health Care Group, hosts the discussion.

In this episode, we focus on environmental justice and how President Biden's initial environmental justice policies and executive orders are playing out two years later. We also provide an update on the latest policies from the EPA and DOJ. Lea Phillips, a Partner in Ballard's Phoenix office and a member of our Environment and Natural Resources Practice Group, and Alyssa Domzal, an Associate in Ballard's Baltimore office and a member of our Real Estate Development and Transactions Practice Group, participate in this conversation.

In this episode, we discuss affordable housing in Chinatown, Los Angeles. We're joined by special guest Sissy Trinh, Founder and Executive Director of the Southeast Asian Community Alliance, a community organization. Spencer Eldred, an Associate in our Los Angeles office and member of our Real Estate Development and Transactions Group, hosts the conversation.

This episode is part of our Cyber Adviser series, where we discuss emerging issues in the world of data privacy and security. 2022 proved to be a historic year for privacy and data security, and 2023 is likely to follow suit. With privacy compliance deadlines looming under three state laws, a surge in data privacy litigation, new federal cyber-regulations, new state laws governing children's data, and new EU legislation regulating digital services – privacy lawyers will be busy this year. We discuss the main privacy issues that are likely to dominate headlines in 2023. Phil Yannella and Greg Szewczyk, Co-Leaders of Ballard Spahr's Privacy and Data Security Group, host the discussion.

In this episode, we're joined by special guest Lisa Stauffer, Managing Senior Counsel at PNC Bank. We discuss Lisa's career transition from practicing in a law firm to in-house counsel, and navigating notable challenges. We also discuss how she is preparing for the possibility of an economic downturn in 2023. David Zive, Of Counsel in our Philadelphia office and member of our Real Estate Finance Group, hosts the conversation.

In this episode, we discuss how the $4.2 billion authorized in New York's Environmental Bond Act will be spent. We talk about the types of projects that will be funded and financial benefits to the State, including short-term job creation and the longer-term benefits to residents and visitors of having improved infrastructure, as well as the ability to leverage these funds for billions of additional dollars. Bill Estes, Of Counsel in our New York office and a member of our P3/Infrastructure Practice Group, hosts the conversation, joined by Ali Chaudhry, Senior Vice President and Chief Development Officer at AECOM, and Julie Tighe, President of the New York League of Conservation Voters.

In today's episode, we're joined by special guest Marcus Randolph, CEO and President of Invest Newark. Invest Newark is a nonprofit development agency who work to propel the City's strong and diverse economy, build vibrant communities, and create opportunities for all residents of Newark. Invest Newark supports small, women and minority-owned businesses, invests in world-class internet service, spurs real estate development and executes economic development activities to produce and sustain economic growth, generate jobs and create wealth for the citizens of Newark. Krishana Pleasant, Of Counsel in Ballard Spahr's New York office, hosts the conversation.

This episode is part of our Cyber Adviser series, where we discuss emerging issues in the world of data privacy and security. With its draft rules, Colorado has set forth a new model for state privacy laws. While there are many areas that are interoperable with the California model, the Colorado draft rules include important differences, as well as rules on topics that have been notably absent from California's draft rules. We discuss the highlights of the Colorado draft rules, differences with California, and practical steps for developing a comprehensive compliance plan for all of the upcoming 2023 laws. Phil Yannella and Greg Szewczyk, Co-Leaders of Ballard Spahr's Privacy and Data Security Group, host the discussion.

This episode is part of our Women in Finance series and features an interview with Sherry Witt, Senior Vice President of the Commercial Mortgage Group in the Dallas, Texas office of KeyBank. Ms. Witt talks about the transition in her career from legal to business, and the balancing act of work and motherhood. Kelly Wrenn, a Partner in our national Finance Department, hosts the conversation.

This episode is part of our Cyber Adviser series, where we discuss emerging issues in the world of data privacy and security. In the past several months, plaintiffs lawyers have filed dozens of class action lawsuits under state wiretap laws, some of which provide for statutory damages of $5,000 or more per occurrence. The lawsuits focus on the use of chatbots, “session replay” software, and tracking code embedded in websites. Plaintiffs contend these tools enable the surreptitious sharing of personal information with third parties and are illegal wiretaps. In this episode, we discuss the reason for this surge in litigation, the status of pending cases, and potential defenses. Phil Yannella and Greg Szewczyk, Co-Leaders of Ballard Spahr's Privacy and Data Security Group, host the discussion.

In today's episode, we look at the emerging interest in captive insurance. We explain what captive insurance is and the benefits that accompany it, the kind of coverage it provides, and more. Steven Burkhart, Of Counsel in Ballard's Litigation department, hosts the conversation. Special guests Dr. Henri Winand and David O'Gorman from AkinovA join us.

This episode is part of our Women in Finance series, and features an interview with Natasha Holiday, Managing Director at RBC Capital Markets with a focus on U.S. public infrastructure finance. Ms. Holiday talks about her career journey into finance, the current state of the market, and navigating the opportunities and challenges that come with integrating family life with a hybrid work environment in a post-George Floyd world. Emilie Ninan, a Partner in our Wilmington, Delaware, and Washington, DC offices, and co-chair of Ballard Spahr's Finance department, hosts the conversation.

In today's episode, we celebrate the 10th anniversary of the Ballard Academy for Student Entrepreneurs (BASE) program, an in-house legal accelerator that Ballard Spahr developed in 2013 to support student owned and operated ventures. We're joined by the founders of mental wellness platform NeuroFlow, a fast-growing Philadelphia based startup, who participated in the BASE 3.0. Christopher Molaro, CEO, and Adam Pardes, COO, discuss starting a company during graduate school, leveraging BASE as a resource, and how they are continuing to grow the company today. Kimberly Klayman, a Partner in our Philadelphia office, hosts the conversation.

In today's episode, we're joined by special guest Jeremy Durham. Jeremy is the Executive Director of Boulder Housing Partners. BHP builds, owns, and manages affordable housing for low and moderate income residents. Alejandro Monarez, an Associate in our Denver office, hosts the conversation.

This episode is part of our Women in Finance series and features an interview with Allison Larr, a Director in Municipal Banking at Citi. Ms. Larr talks about her career path, professional challenges, and her insights on the future of ESG in municipal markets. Kim Magrini, a Partner in our Finance Department, hosts the conversation.

This is episode eight of the “Trauma-Informed Investigations” series. In today's episode, we're joined by special guests Ariella Steinhorn and Amber Scorah from Lioness, a media company that brings to light the stories of everyday people dealing with corruption, harassment, and cover-ups. We discuss the inspiration for Lioness and the decision-making processes involved in their work with clients to publicly share their stories. Jill Steinberg, a Partner in our White Collar/Internal Investigations Group, hosts the conversation. Kaitlin Gurney, a Partner in our Media and Entertainment Law Group, and Katharine Manning, President of Blackbird DC, join Jill.

This episode is part of our series “Supply Chain Disruptions,” in which we explore how supply chain issues are affecting businesses everywhere, and when the flow of goods and services may settle into a new normal. This episode features a discussion with Chris Mills, CEO of Lion Brand Yarn. With over thirty years of experience managing traditional and e-commerce consumer goods businesses in North America and Oceania, Chris shares his perspectives on early pandemic disruptions, current challenges and opportunities, and next steps in smoothing the flow of goods as they move from factories to distributors, retailers, and consumers. Chris explains the lessons learned from the disruptions and shares suggestions for process improvements.  Steven Burkhart, Of Counsel in Ballard's Litigation department, hosts the conversation.

In this episode, we discuss how your intellectual property can be leveraged to maximize the profitability of nonconsumable devices and their complementary consumable products. While profits can be made via the initial sale of larger items—like printers, video game consoles, or razor handles—even greater profits are possible with the repeat sale of complementary consumable items—like ink cartridges, video games, and razor blades. Establishing a strong IP portfolio that captures both the device and its complement is crucial to the profitability of the product pair and your company's success. Ballard Spahr intellectual property attorneys Carly Gubernick and Sommer Zimmerman host the conversation.

This is episode seven of the “Trauma-Informed Investigations” series. In this episode, we discuss online victimization and trauma-informed responses to crimes committed online. We also discuss prevention, how parents and guardians can support their children if they are victims of online exploitation, and working with law enforcement. We're joined by special guest Catherine “Katie” Connell. Katie is employed with the FBI as the Victim Services Division, Unit Chief for Child Victim Services and is also a Child/Adolescent Forensic Interviewer. She manages the FBIs Child/Adolescent Forensic interviewing program. Speaking with Ms. Connell is Jill Steinberg, a Partner in Ballard's Philadelphia Office; and Katharine Manning, author of “The Empathetic Workplace: Five Steps to a Compassionate, Calm, and Confident Response to Trauma on the Job,” and the President of Blackbird DC.

In this episode, we're joined by special guest Laura Rogers. Laura is the Deputy Director at The Ray, a non-profit charity on a mission to build net-zero highways. We discuss energy transitions that can be made in transportation infrastructure to achieve decarbonized highways, and the challenges that come with this vision. John Smolen, a Partner in our Baltimore office, hosts the conversation.

In this episode, our lawyers discuss non-fungible tokens, better known as NFTs. During the conversation, we define what an NFT is and what it is not, how to create one and post it to a marketplace, and the rights and responsibilities of ownership. Participating in this discussion are Brian Auerbach and Lara Ruggerio, both of whom Associates in Ballard's Philadelphia office.

This is episode six of the “Trauma Informed Investigations” series, where we follow a fictitious story to address the legal and human issues that arise in an organization when confronted with allegations of sexual abuse. In this episode, we discuss federal and state laws that protect the rights of a victim of abuse and available compensation funds. Jill Steinberg, a Partner in our White Collar/Internal Investigations Practice Group, hosts the conversation. Katharine Manning, President of Blackbird DC and author  of “The Empathetic Workplace: Five Steps to a Compassionate, Calm, and Confident Response to Trauma on the Job”, joins Jill.

In this episode, our Ballard lawyers discuss intellectual property considerations for products before and after entering the market. Understanding the patent and trademark landscape before fully developing and launching a new product is critical to avoiding infringement of another's IP and capitalizing on the protections available for your business. Insights for enforcement and potential remedies for infringement are also shared. Participating in this discussion are Carly Gubernick and Lara Ruggerio, both of whom are Associates in Ballard's Philadelphia office, and Sommer Zimmerman, an Associate in Ballard's Atlanta office.

Our new mini, “Developing Philly,” will explore issues that are top-of-mind for developers, owners, and commercial investors throughout the Philadelphia region. We'll focus on zoning and land use regulations, development concerns, impending tax laws, and other pressing topics. In this first episode, we discuss the 2022 changes to the City of Philadelphia's commercial and residential tax abatements. Those changes mean that the abatement for commercial developments, including Mixed-use condominiums, now is more valuable than the abatement for residential projects. We discuss questions related to the new rules and how the City's Office of Property assessment answered some of those questions via regulation. Participating in this discussion is Christopher Jones, Of Counsel in Ballard's Philadelphia office, and Nathan Farris, an Associate in Ballard's Philadelphia office.

This is episode five of the “Trauma-Informed Investigations” series. In this episode, we discuss Children's Advocacy Centers, forensic interviews of children, and the multidisciplinary team approach to helping child victims of abuse. Jill Steinberg, a Partner in our White Collar/Internal Investigations Practice Group, hosts the conversation. Katharine Manning, President of Blackbird DC, and Rachel Booker, Forensic Services Program Director at Safe Shores, join Jill.

This is the first episode in our new series “Supply Chain Disruptions,” where we explore how supply chain issues are affecting businesses everywhere, and when the flow of goods and services may settle into a new normal. In this episode, Ben Siegrist shares his knowledge of port shipments, trucking and driver shortages, and how Congress, the Biden Administration, and other leaders are working together to address the effects of disruption. Ben also reveals recent survey information from NAM membership about how long the disruption could continue and what the future may hold. Brendan Collins, a Ballard Spahr Partner and the Leader of the firm's Manufacturing Team, hosts the conversation.

This is episode four of the “Trauma Informed Investigations” series, where we follow a fictitious story to address the legal and human issues that arise in an organization when confronted with allegations of sexual abuse. In today's episode, we discuss the process of conducting an internal investigation and retaining outside counsel, notification processes, and mandatory reporting and communications with law enforcement. Leading the discussion is my Ballard Spahr colleague Jill Steinberg, a Partner in Ballard's Philadelphia Office. Jill is joined by Katharine Manning. Katharine is the author of “The Empathetic Workplace: Five Steps to a Compassionate, Calm, and Confident Response to Trauma on the Job”, and the President of Blackbird DC. She has worked on issues of trauma and victimization for more than 25 years.

This is episode three of the “Trauma-Informed Investigations” series. Today's episode features a discussion on the impacts that trauma can have on the brain, with special guest Anne DePrince, a clinical psychologist and professor of psychology at the University of Denver and author of “Every 90 Seconds: Our Common Cause Ending Violence against Women”. Speaking with Ms. DePrince is my Ballard Spahr colleague Jill Steinberg, a Partner in Ballard's Philadelphia Office; and Katharine Manning, author of “The Empathetic Workplace: Five Steps to a Compassionate, Calm, and Confident Response to Trauma on the Job,” and the President of Blackbird DC.

This episode discusses innovative solutions for fixing and transforming infrastructure. From proposals, to marketing, to efficient trucking, to building in the metaverse, even to efficient excavation spoils markets; today we will share ideas for investment and collaboration opportunities afforded by the new infrastructure law. Leading this discussion is John Smolen, a Partner in our Baltimore office. John is joined by John Dionisio, a pioneering infrastructure entrepreneur who is the Managing Director of Corporate Strategic Development at Global Infrastructure Solutions, Inc.

This is episode two of the “Trauma Informed Investigations” series, where we follow a fictitious story to address the legal and human issues that arise in an organization when confronted with allegations of sexual abuse. In today's episode, we discuss how a person who first receives a report of sexual abuse should respond, including effective listening techniques and how that person can support the victim through the disclosure process. We also discuss some best practices for an organization in its initial response to these allegations. Leading the discussion is Jill Steinberg, a Partner in Ballard's Philadelphia Office. Jill is joined by Katharine Manning. Katharine is the author of “The Empathetic Workplace: Five Steps to a Compassionate, Calm, and Confident Response to Trauma on the Job”, and the President of Blackbird DC. She has worked on issues of trauma and victimization for more than 25 years.

Today's episode features a discussion on the growing trends in privacy litigation, particularly companies sharing and selling consumer data, plaintiffs' liability theories, including the right of publicity, and some best business practices to consider in anticipation of privacy claims. Leading this discussion is Aliza Karetnick, a Partner in our Philadelphia office. Aliza is joined by Philip Yannella, a Partner in our Philadelphia office, and Gregory Szewczyk, a Partner in our Denver office.

This is episode one of the “Trauma Informed Investigations” series, where we follow a fictitious story to address the legal and human issues that arise in an organization when confronted with allegations of sexual abuse. Today's episode focuses on identifying red flags, and following your instincts. Leading the discussion is Jill Steinberg, a Partner in Ballard's Philadelphia Office. Jill is joined by Katharine Manning. Katharine is the author of “The Empathetic Workplace: Five Steps to a Compassionate, Calm, and Confident Response to Trauma on the Job”, and the President of Blackbird DC. She has worked on issues of trauma and victimization for more than 25 years.

Today, we are introducing a mini-series titled “Trauma Informed Investigations”, in which we'll follow a fictitious story to address the legal and human issues that arise in an organization when confronted with allegations of sexual abuse. Leading the discussion is Jill Steinberg, a Partner in Ballard's Philadelphia Office. Jill is joined by Katharine Manning, who has worked on issues of trauma and victimization for more than 25 years.

Today's episode features a discussion on how to engage with the Infrastructure and Jobs Act and moving authority into projects from a public and private perspective. Our experts will discuss opportunities presented by the new law, and how those opportunities encourage, even require, a partnership between public and private leaders. Establishing those partnerships now can lead to efficient approvals and thorough distributions of resources. Participating in this discussion is John Smolen, a Partner in our Baltimore office, and Brent Heberlee, Of Counsel in our Washington DC office. John and Brent are joined by Sam Headon, Director of Project Development at S&B USA Concessions.

In today's episode, our Ballard lawyers provide an update on the current status of the federal COVID-19 vaccine mandate, and the steps employers should be taking as a result of the recent changes. Leading this discussion is Lila Sevener, an Associate in Ballard's Philadelphia office. With Lila are Brian Pedrow and Shannon Farmer, both of whom are Partners in Ballard's Philadelphia office. Lila, Brian and Shannon all focus on representing employers in labor and employment litigation and investigations and counselling them on employment policies and practices.

This episode features a discussion on Cryptocurrency. What is cryptocurrency, and what are the rules that apply to this increasingly popular, but complicated financial instrument? For those seeking to be in the business of exchanging crypto, what registrations and compliance programs are necessary to meet regulatory requirements? How should crypto exchangers and other financial institutions address crypto transactions involving unhosted digital wallets, or requirements that counter-parties in certain crypto transactions be identified and reported? Our Ballard team will help answer these complex questions and explain why it's important to seek counsel before transacting business in cryptocurrency. Participating in this discussion are Mike Robotti and Marjorie Peerce, both of whom are Partners in Ballard's New York office; and Peter Hardy, a Partner in Ballard's Philadelphia office. Mike, Margie, and Peter all focus on representing the White Collar Defense and Internal Investigations practice.

Today's episode features a discussion of how employers should handle leaves and requests for leave due to COVID-19 and “long COVID” under the FMLA (the Family and Medical Leave Act) and the ADA (the Americans with Disabilities Act). Participating in this discussion are Melissa Costello, Of Counsel in Ballard's Phoenix office, Tara Humma, an Associate in Ballard's New Jersey office, and Karli Lubin, an Associate in Ballard's Philadelphia office. Melissa, Tara and Karli all focus on representing employers in labor and employment litigation and investigations and counselling them on employment policies and practices.

Today's episode features a discussion of the current array of federal COVID-19 vaccine mandates: their effectiveness and requirements, the scope of their coverage, and what employers should consider in responding to them.  Leading this discussion is Jessica Federico, an Associate in Ballard's Denver office.  With Jessica are Brian Pedrow and Shannon Farmer, both of whom are Partners in Ballard's Philadelphia office.  Jessica, Brian and Shannon all focus on representing employers in labor and employment litigation and investigations and counselling them on employment policies and practices.

Today's episode features a conversation with Liz Bentley, founder and President of Liz Bentley Associates, a consulting firm specializing in leadership development programs.  Ms. Bentley discusses her own background and career path, the role and importance of outside interests, dealing with failure, developing self-discipline, courage and confidence, how to advance in one's career, and some thoughts on the return to the workplace. Speaking with Ms. Bentley is Emilie Ninan, a Partner at the firm and Co-Chair of Ballard Spahr's Finance Department.

Zach Miles, Senior Associate Vice President of Technology Economic Development and the Executive Director at Oklahoma State University Research Foundation, joins the show to discuss the role that OK State, and other universities, play in cultivating communities of innovation. The conversation touches on general trends, how certain universities might prefer a regional-focus on innovation, and the keys to success for an incubator accelerator. Leading the conversation is Scott Marty, Ph.D., a Partner.