Troutman Pepper Podcasts

In this episode of Troutman Pepper Locke's Employee Benefits and Executive Compensation podcast, hosts Lydia Parker and Lynne Wakefield explore the complex legal landscape surrounding the coverage of GLP-1s prescribed for weight loss purposes within self-insured medical plans. As these medications gain popularity, plan sponsors face the challenge of controlling costs while meeting participant demand and maintaining legal compliance. The discussion covers various design alternatives, including cost-sharing strategies, waiting periods, and wellness program rewards, while addressing potential legal risks under HIPAA, the Affordable Care Act, and the Americans with Disabilities Act. Tune in to explore how plan sponsors can navigate these issues effectively as a means to attract and retain employees, while mitigating financial exposure.

Assisted Living and the Law, hosted by Troutman Pepper Locke attorneys Cal Stein and Emma Trivax, offers timely insights and practical advice on navigating the complex and evolving legal landscape of the long-term care industry.In this installment, Cal and Emma explore the potential impact of proposed Medicaid cuts on nursing homes and long-term care facilities. The discussion includes an overview of Medicaid's role as the primary payer for many nursing home residents and the importance of understanding legal discharge procedures for residents impacted by Medicaid cuts. This episode also covers the implications of a recent federal court decision on the upcoming staffing mandate for nursing facilities.

Assisted Living and the Law, hosted by Troutman Pepper Locke attorneys Cal Stein and Emma Trivax, offers timely insights and practical advice on navigating the complex and evolving legal landscape of the long-term care industry.In this installment, Cal and Emma explore the recently released Nursing Facility Industry Segment-Specific Compliance Program Guidance (ICPG) from the Office of Inspector General (OIG). They provide a historical context for the ICPG, discuss risk areas highlighted by the ICPG, and offer recommendations and strategies for mitigating such risks.

In this installment of our Employee Benefits and Executive Compensation Considerations in Mergers and Acquisitions podcast series, Partners Jeffery Banish and Joshua Gelfand discuss many of the complex issues surrounding employee benefits and executive compensation in M&A transactions. They cover key concerns, common pitfalls, and best practices relating to matters that are likely to arise in M&A transactions. Understanding and addressing benefit issues is critical to ensuring that the parties identify the risks and liabilities they may be assuming relating to benefit matters.

Assisted Living and the Law, hosted by Troutman Pepper attorneys Cal Stein and Emma Trivax, offers timely insights and practical advice on navigating the complex and evolving legal landscape of the long-term care industry.In this installment, Cal and Emma dive into the staffing mandates issued by the Centers for Medicare & Medicaid Services (CMS). They discuss the background and specifics of these mandates, including the required hours per resident per day (HPRD) nursing staff levels and the 24/7 registered nurse requirement. The episode also explores the potential challenges these mandates present for long-term care facilities, such as hiring and retention difficulties, increased operational costs, and the impact on patient care. Additionally, they offer practical risk mitigation strategies to help facilities navigate these new requirements effectively.

Assisted Living and the Law, hosted by Troutman Pepper attorneys Cal Stein and Emma Trivax, offers timely insights and practical advice on navigating the complex and evolving legal landscape of the long-term care industry.In this installment, Cal and Emma are joined by Partner Joe Kadlec to discuss the role of private equity investment in the long-term care industry. Topics include potential benefits and challenges of private equity investments for facility owners, recent regulatory changes and enforcement trends, and risk mitigation strategies for private equity firms.

Assisted Living and the Law, hosted by Troutman Pepper attorneys Cal Stein and Emma Trivax, offers timely insights and practical advice on navigating the complex and evolving legal landscape of the long-term care industry.In this installment, Cal and Emma are joined by Partners Melissa O'Donnell and Mike Hartman to discuss the intricacies of antitrust considerations within the long-term care space. The conversation covers the historical context of antitrust enforcement in the nursing home industry, the Biden administration's recent approach to antitrust laws, and how these enforcement trends will impact M&A as well as the overall quality of care in long-term care facilities in the future.

In this installment of our Employee Benefits and Executive Compensation Considerations in Mergers and Acquisitions podcast series, Troutman Pepper Partners Joshua Gelfand and Michael Crumbock discuss current executive compensation trends and issues in the private equity M&A space, including employment contracts, severance, and equity compensation.

In this installment of our Employee Benefits and Executive Compensation podcast series, Troutman Pepper Partners Jim Earle, Lynne Wakefield, and Lydia Parker discuss the impact of the Supreme Court's decision in Loper Bright Enterprises v. Raimondo on benefits-related regulations, including the Department of Labor's Fiduciary Rule; environmental, social, and governance regulations; protections based on sexual orientation and gender identity under the Affordable Care Act; and much more.We are excited to announce that we will be hosting our annual webinar on September 4, a one-hour event providing updates on year-end actions and key recent developments impacting employee benefits.

In this insightful episode of our Employee Benefits and Executive Compensation Considerations in Mergers and Acquisitions podcast series, attorneys Paul Porretta and Christopher Stock delve into the complex world of multiemployer pension plans. They discuss critical considerations for businesses contemplating the purchase of entities that contribute to these plans. Topics include evaluating the implications of multiemployer pension plan contribution obligations and withdrawal liability exposure, key diligence to focus on, and deal points the parties may consider. Join us to uncover the significant risks and liabilities associated with these plans and gain valuable insights into strategic planning for your business' future.We are excited to announce that our annual webinar will be held in September and will provide a comprehensive look at the future landscape of employee benefits and executive compensation.

In the companion podcast to our recently published client advisory, Troutman Pepper Partners Emily Zimmer and Constance Brewster delve into the intricacies of the SECURE Act, also known as SECURE 1.0, and its successor, SECURE 2.0. They discuss the significant changes brought by these rules, the proposed regulations issued to clarify how these rules are applied, and the steps company-sponsored plans should be taking now.We are excited to announce that we will be hosting our annual webinar in September, which will provide a comprehensive look at the future landscape of employee benefits and executive compensation.

In this podcast episode, Genna Garver, a partner in the firm's Investment Funds + Investment Management Services practice, interviews Constance Hunter, a renowned economist known for her accurate predictions of important market and economic inflection points. Constance discusses MacroPolicy Perspective's unique approach to macroeconomics and shares her global economic outlook for 2024. Constance and Genna also discuss the economic impacts of geopolitical events, the rise of AI in 2023 and the potential for increased regulations in the space, and the outlook for the U.S. economy.For a copy of the accompanying PowerPoint Presentation, please email research@macropolicyperspectives.com.

In the final installment of our three-part Employee Benefits and Executive Compensation podcast miniseries, hosts Jim Earle and Josh Gelfand discuss the basics of top-hat plans — what they are and the necessary steps to ensure ERISA compliance.We are excited to announce that we will be hosting our annual webinar in September 2024, which will provide a comprehensive look at the future landscape of employee benefits and executive compensation.

In the second episode of our three-part Employee Benefits and Executive Compensation podcast miniseries, hosts Lynne Wakefield and Lydia Parker discuss key health and welfare plan developments as we close out 2023 and head into 2024.Stay tuned for next week's episode, where hosts Jim Earle and Josh Gelfand will cover the basics of top-hat plans and what you need to do to ensure ERISA compliance.We are excited to announce that we will be hosting our annual webinar in September 2024, which will provide a comprehensive look at the future landscape of employee benefits and executive compensation.

In the inaugural episode of Troutman Pepper's three-part Employee Benefits and Executive Compensation podcast miniseries, hosts Lynne Wakefield, Constance Brewster, and Brianna Hourihan discuss recent legislative developments and pressing issues in the qualified retirement plan space. They delve into the key provisions of SECURE 2.0, proposed regulations on the use of forfeitures, the expansion of the Employee Plans Compliance Resolution System (EPCRS), and recent litigation trends, as well as year-end administrative tasks.Stay tuned for next week's episode, where hosts Lynne Wakefield and Lydia Parker will highlight key health and welfare plan developments as we close out 2023 and head into 2024.We are excited to announce that we will be hosting our annual webinar in September 2024, which will provide a comprehensive look at the future landscape of employee benefits and executive compensation.

On August 23, the Securities and Exchange Commission finalized the Private Funds Rules. Listen to Troutman Pepper Partner Genna Garver and Fairview General Counsel and Executive Vice President Amber Allen as they discuss the new rules. Topics covered include relief regarding some of the final changes versus the proposed version, potential headaches for clients, surprises, and recommended next steps for private fund clients. While six industry groups filed a lawsuit in the U.S. Court of Appeals for the Fifth Circuit against the SEC challenging the new Private Fund Adviser rule, the rule is and will remain final unless and until vacated by the court. It's impossible to predict the ultimate outcome of the case and whether the rule will be vacated entirely or in part, or to predict the impact, if any, on the SEC's fiduciary duty clarifications set forth in the rule's adopting release.

With methods of professional communication constantly evolving, the U.S. Department of Justice (DOJ) recently revised its Evaluation of Corporate Compliance Programs to address how prosecutors should evaluate the ways that companies are accounting for these developing risks. Corporate policies and procedures must keep pace with these changes as professional communication shifts to personal devices and messaging platforms.White Collar + Government Investigations Partners Abbey Hazlett and Megan Rahman, eMerge Managing Partner Alison Grounds, and eMerge Managing Director of Technology Chris Haley discuss the realities of conducting business in 2023. They will look at how regulators respond to the increased use of alternative means of communicating in the business context and some of the key considerations for companies subject to their scrutiny. Their discussion includes an overview of the DOJ's updated guidance and current regulatory landscape, perspectives on the compliance risks associated with electronic communication, bring-your-own-device (BYOD) policies, records retention, preservation and collection, and best practices for training and compliance programs.

Allegations of a sprawling poultry price-fixing scheme affecting millions of Americans. An “unheard-of” three trials. Two mistrials. The Assistant Attorney General for the U.S. Department of Justice (DOJ) Antitrust Division personally explaining to the judge why a third trial would be necessary. And finally, one acquittal.The above elements of U.S. v. Penn, et. al. — a DOJ criminal price-fixing case against 10 poultry executives — form the central discussion around this special White Collar + Government Investigations podcast. To help dissect the case, Troutman Pepper Partners Megan Rahman (one of the case's defense attorneys) and Charlie Peeler (former U.S. attorney for the Middle District of Georgia) offer perspectives gained from representing defendants and prosecuting cases against the U.S. government. Megan and Charlie also discuss what this case and other recent matters say about current trends in government litigation and what to expect from the DOJ in the near future.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various enacted and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys generals, and other regulators may investigate and punish schools for NIL violations.Episode 4: NCAA Issues New Clarifications to Its Interim NIL PolicyIn this fourth installment, Troutman Pepper litigators Cal Stein, Chris Brolley, and Mia Marko discuss the very recently released NCAA guidance that clarifies its interim NIL policy. The NCAA breaks down this new clarifying guidance into several sections, offering exemplary dos and don'ts for each.Podcast SectionsIntroduction/Structure of the NCAA Clarifying Guidance (2:30)Institutional Support for Student NIL Activity (7:59)Permissible Facilitation and Assistance (9:21)Impermissible Facilitation and Assistance (14:55)Institutional Support for NIL Entity/Collective (16:04)Permissible Facilitation of Contributions to NIL Entity/Collective (17:36)Impermissible Contributions to NIL Entity/Collective (19:21)Negotiations, Revenue Sharing, Compensation (20:38)Key Takeaways (22:50)

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys generals, and other regulators may investigate and punish schools for NIL violations.Episode 3: NIL EnforcementIn this third installment, Troutman Pepper litigators Cal Stein and Chris Brolley discuss the current state of NIL enforcement, as well as the potential future of NIL enforcement and regulation. Specific topics include:Current State of NIL Enforcement (0:56)NCAA Enforcement Letter (3:56)What's Next: Predictions for Future NIL Enforcement ActivitiesUse of "Circumstantial Evidence" to Prove an "Inducement" (6:10)NIL Payments Exceeding Fair Market Value (9:16)NIL Deals That Involve Institutions and/or Boosters (12:19)Timing of NIL Deals and School Enrollment (14:05)

Join Troutman Pepper White Collar and Government Investigation Partners Callan Stein, Miranda Hooker, and Allison DeLaurentis for a podcast discussion on the DOJ's updated guidelines regarding corporate criminal enforcement. These guidelines take a tougher stance on white collar crime and a more aggressive approach to prosecution. During this podcast, our speakers summarize the guidance and revisions in each area addressed by the DOJ, while also discussing practical tips and recommendations for companies on how to mitigate risks by improving and enhancing internal controls and policies. Specific topics include:DOJ Guidance Generally (2:40)Topic #1: Individual Accountability (6:19)Topic #2: Corporate History of Misconduct (10:20)Topic #3: Self-Disclosures (15:45)Topic #4: Compliance Monitors (17:47)Topic #5: Corporate Culture (20:10)Practical Implications of the Guidance (23:43)*Kathleen Callahan is not admitted to practice law in any jurisdiction.

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.Episode 2: State Laws on NILJoin Troutman Pepper litigators Cal Stein and Chris Brolley for a podcast series analyzing the legal landscape surrounding NIL rights for student athletes. In this second installment, we analyze the myriad state laws associated with NIL rights and laws, including common elements and differences across states. Specific topics include:Overview of State NIL Legislation (0:54)Common Elements in State NIL LawsFair Market Value for NIL Compensation (5:33)Compensation From Boosters/Third Parties (7:24)Institutional Facilitation of NIL Opportunities (8:27)Student Athlete Use of Institutional IP (10:18)Timing of NIL Deals (11:31)Limits on Professional Representation (Agents) (12:57)Jurisdiction: Which State Laws Apply (13:40)Conflicts Between State Laws and NCAA Guidance (16:38)

The Highway to NIL Podcast analyzes the legal landscape concerning college athletics and the regulation of name, image, and likeness (NIL) rights of student athletes. The podcast provides key insights into the current state of affairs, focusing on the NIL guidance and policies coming directly from the NCAA; the various passed and amended state NIL laws; and NIL enforcement, including how the NCAA, state attorneys general, and other regulators may investigate and punish schools for NIL violations.Join Troutman Pepper litigators Cal Stein and Chris Brolley for a podcast series, analyzing the legal landscape surrounding NIL rights for student athletes. In this first installment, we delve deep into the current NCAA guidance on NIL rights and laws. Specific topics include:How We Arrived Here: A Brief History of the NIL (2:11)The NCAA Interim Policy on the NIL (3:53)NCAA Guidance on Third-Party Involvement in the NIL (Boosters) (9:23)NIL Deals for International Students (13:18)

Troutman Pepper attorneys Chris Chuff and Taylor Bartholomew are well-versed in M&A transactions that involve Delaware law. In the second episode of this two-part series, Chris and Taylor discuss the rules of the road for fraud as they relate to private equity acquisitions.

Troutman Pepper attorneys Chris Chuff and Taylor Bartholomew are well-versed in M&A transactions that involve Delaware law. In the first episode of this two-part series, Chris and Taylor discuss drafting considerations for holding company operating agreements in private equity acquisitions.

Troutman Pepper Private Equity Partner Alec Watson recently moderated a panel at the ACG Atlanta M&A South Conference. In this podcast, Alec and fellow Partner Jeremy Levy discuss the following panel topics and takeaways: • 2021 year-end review from a buy-side vs sell-side perspective • Trends in deal processes • Rep and Warranty insurance update • COVID-19 effects on deal-making • Macro-economic issues affecting deal-making

Rarely do civil Racketeer Influenced and Corrupt Organization Act (RICO) claims get dismissed at the motion to dismiss stage, and seldom does it happen twice. Troutman Pepper recently represented a lobster business in Maine and its family of longtime owners facing significant civil RICO claims in federal court, and twice won the dismissal of virtually all of the RICO claims against them. Here, the clients faced racketeering allegations of embezzling from a labor union, wire fraud, and money laundering. Join Troutman Pepper Partners Cal Stein and Matt Adler as they discuss the case (1:40), RICO claims (3:58), and various strategies they employed to twice win dismissals (8:09), including focusing on previously taken discovery (14:05), leveraging case law and a past court ruling (20:41), and concentrating on specific elements of the predicate acts of wire fraud (26:15) and money laundering (31:13). They also will discuss the lessons they learned and their possible application to future RICO cases.

Nursing home residents' ability to receive visitors has been strictly limited during the COVID-19 pandemic. In light of the increasing number of vaccinated residents and visitors, CMS and the CDC released updated guidance for nursing homes that provides a significant step toward resuming pre-pandemic visitation standards. This is welcomed news for nursing home residents and their families, many of whom have gone nearly a year without in-person visits with family and loved ones. Listen to Troutman Pepper attorneys Callan G. Stein, Jan P. Levine, Avrohom C. Einhorn, and Matthew F. Smith as they discuss the new guidance, next steps for nursing home operators, and the impact on the long-term care industry.

Troutman Pepper is producing a series of podcasts to discuss legal and business issues companies are confronting in light of the COVID-19 pandemic. In this episode, Troutman Pepper business litigation partners Brian Watt and Justin Weber discuss litigation trends regarding commercial leases arising out of the COVID-19 pandemic. This episode is moderated by Troutman Pepper real estate partner Gary Knopf. Brian and Justin address recent and evolving developments in commercial lease litigation including: • The application and interpretation of force majeure clauses • The application of the common law doctrine of frustration of purpose • Case law interpretation of lease provisions • Unexpected real estate litigation issues arising as a result of the pandemic.

A federal district court recently decided that private litigants may proceed in a Racketeer Influenced and Corrupt Organization Act (RICO) lawsuit predicated on violations of the Anti-Kickback Statute (AKS). The plaintiffs allege that rebates paid by EpiPen manufacturer Mylan to various pharmacy benefit managers violate the AKS and increase list prices for wholesale purchasers. Although violations of the AKS do not constitute “racketeering activity” under RICO, the court allowed the plaintiffs' case to proceed on the theory that the AKS violations constituted “bribery” in violation of the Travel Act (which constitutes “racketeering activity”). Despite no private right of action under the AKS itself, this case opens the door for private lawsuits to enforce the AKS. Listen to Troutman Pepper Partners Callan Stein and Allan Theon as they discuss the case and its potential impact on the health care industry.

Troutman Pepper has produced a series of podcasts on legal and business issues faced by companies during the COVID-19 pandemic. This episode features Troutman Pepper Financial Institutions lawyers Zayne Tweed (moderator) and James Stevens, who discuss de novo banks and “neo-banks” and some of the challenges faced while launching them during COVID-19 (which could be swapped out for any shock to the financial arena which impacts the regulatory process). Specific topics include: • General overview of the regulatory process when launching de novos • Three case studies of de novo projects that took place in the past year • How the shifting regulatory environment impacted the process for each project • Communicating with the regulators in a crisis • Definition of “neo-banks” and how they interact with banks as well as the unique hurdles they face • How neo-banks offer their products and target customers – it's often all about the mission • Increased focus on underbanked communities.

In this podcast, Troutman Pepper Partners Gregory J. Nowak and Justin H. Brown join Brian Divack and Harvey Feinberg of The PPLI Group for a discussion about private placement life insurance as an estate planning and tax planning tool. The group also examines the impact of the upcoming Georgia Senate runoff races will have on estate planning.

Troutman Pepper is producing a series of podcasts on legal and business issues faced by companies during the COVID-19 pandemic. This episode features Troutman Pepper Real Estate Partners Monique Lashbrook (moderator), Gary Knopf, and Hannah Dowd McPhelin, who discuss commercial leasing trends on terminating and renegotiating commercial leases during COVID-19. Specific topics include: • Terminating and renegotiating lease trends, including amendments to delay commencement dates, deferred rent, and rent abatement. • Considerations when negotiating new leases. • Force majeure clauses during a pandemic. • Current changes in operating expenses due to COVID-19.

With a hot national spotlight on issues of racial diversity, equality, and inclusion, the composition of corporate boards of directors faces increased scrutiny from the American public, legislators, and the plaintiffs' bar. The plaintiffs' bar fired its first shot in July 2020 with a shareholder derivative complaint against the board of a Fortune 100 company, claiming that the directors allegedly breached their fiduciary duties by failing to include diverse directors on their board, despite statements of commitment to diversity, equality, and inclusion. Additional derivative lawsuits against the boards of several public companies that allegedly lack any racially diverse directors quickly followed, and more are likely to come. As a brief follow up to the October 21 article “A New Wave of Board Diversity Derivative Litigation,” this podcast with Troutman Pepper attorneys Pam Palmer, Howard Privette and Alex Peurach, takes only 10 minutes to expand upon the theories asserted in these new board-diversity derivative actions, analyze potential problems for plaintiffs in sustaining the claims, and provide additional guidance on how to respond to a shareholder demand to take action to address diversity and inclusion.

Moderna, a biotechnology company that is currently advancing a leading COVID-19 vaccine candidate, recently stated that it would not enforce its vaccine patents during the current health crisis. In light of this announcement, Troutman Pepper Intellectual Property partners Maia Harris, Andrew Zappia and Louis DelJuidice discuss enforcing IP during the pandemic. Their discussion analyzes patent enforcement in the context of litigation, prosecution, USPTO proceedings, and licensing.

Raising investment capital through private offerings has always been a challenge, especially for new and emerging investment managers. COVID-19 has exasperated this challenge by significantly limiting traditional means of marketing, especially in-person pitches and due diligence meetings. This podcast explores an alternative to traditional marketing by engaging in general solicitation and advertising in reliance on Regulation D, Rule 506(c). In this podcast, Troutman Pepper partners Genna Garver and Greg Nowak are joined by Eric Chung from the Lighthaven Fund.

Every month Troutman Pepper partner Gregory J. Nowak hosts a webinar for West LegalEdcenter. This month, Greg was joined by Evan Katz for a candid review of the investment management space after the summer of 2020. Topics covered: recent enforcement actions by the SEC – crypto and MCAs CFTC compliance manual release and enforcement priorities expenses and disclosure issues raising capital in a pandemic – is 506(c) finally living up to its promise?

Pepper has a proud history of advising pioneering and innovative businesses around the country. That work has continued even during the current COVID-19 crisis. In this podcast series, we are profiling some of our clients that are stepping up to help society during the pandemic. In this episode, Pepper partner Justin Weber has a conversation with Todd Kyriss EVP, Operations, and Matt Cowan, Chief Marketing Officer with Elite Sportswear. While Elite Sportswear was planning on spending 2020 gearing up for the 2020 Olympics, they were forced to pivot and use their manufacturing operation to produce face masks and coverings during the pandemic. The podcast covers the hurdles Elite Sportswear had to overcome and the legal challenges they faced as they changed their business overnight.

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss legal and business issues companies are confronting in light of the COVID-19 pandemic. In this episode, Troutman Sanders partner Gary Knopf, Pepper Hamilton partner Hannah Dowd McPhelin, and Lisa Mize, Senior Vice President of Property Management and Construction Services for Shorenstein, discuss considerations for landlords and tenants as commercial buildings begin to reopen in this new normal. Pepper Hamilton associate Julia Tomec hosts the podcast. Gary, Hannah and Lisa address the following topics: • Local laws and guidelines landlords should be familiar with in light of COVID-19, such as the number of people allowed to gather in one area, requirements for building occupants to wear masks, and requirements to provide sanitizing stations; • Methods to control common areas and why landlords should be concerned; • How landlords should manage deliveries to their buildings; and • The potential impact of landlords' responses to COVID-19 on tenants, including passthrough costs and lease amendments.

At Pepper, we have a proud history of helping universities protect and commercialize the innovations and new discoveries developed on their campuses. That work has continued even during the current COVID-19 crisis. In this podcast series, we are profiling some of our clients that are stepping up to help society during the pandemic. In this episode, Shelley Jones, a patent attorney in the Health Sciences Department of Pepper Hamilton has a discussion with Claudia Stewart, Vice President for Technology Commercialization at Georgetown University. They discussed how Georgetown is pivoting some of their research to COVID-19 research projects and how the office of technology commercialization (OTC) supports innovation at the university. The OTC at Georgetown University was an early adopter of socially responsible licensing and Claudia describes how they are implementing socially-responsible licensing in response to COVID-19.

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss employee benefits, executive compensation, and labor and employment issues that employers are confronting in light of the COVID-19 pandemic, and considerations for employers as they navigate their response to those issues. In this episode, Pepper Hamilton Counsel Rebecca Alperin and Troutman Sanders Counsel Lisa Shallue discuss the Families First Coronavirus Response Act (FFCRA), the Coronavirus Aid, Relief and Economic Security Act (CARES Act), and subsequent Department of Labor and IRS guidance in the context of health and welfare plans. Rebecca and Lisa explain steps that employers will need to take in order to implement required and optional changes relating to health and welfare plans in response to the new legislation and guidance. Troutman Sanders associate Nida Javaid moderates the discussion. Lisa and Rebecca address the following topics: • Group health coverage for COVID-19 and telehealth services – including implications for HSA-compatible high deductible health plans; • Administrative challenges related to extended deadlines for participants to exercise various COBRA, HIPAA special enrollment, and ERISA claims rights; • Permitted changes to cafeteria plan flexible spending accounts; and • Permissible expansion of Educational Assistance Programs to include employer provided student loan repayments.

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and respond. In this episode, Troutman associate Sean Ehni leads a discussion on Material Adverse Effect (MAE) clauses. Sean is joined by Pepper partners Matt Adler and Joanna Cline, and Troutman partners John Bradley and Coby Beck. Topics discussed include how they are drafted and negotiated, and whether Covid-19 could qualify as an MAE and be used as an escape hatch to contractual performance. They also discuss how MAE clauses are drafted and negotiated, how MAEs have been interpreted by courts, the litigation related to them, and dig into some other ways COVID-19 has affected the negotiation and execution of M&A transactions.

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss employee benefits, executive compensation, and labor and employment issues that employers are confronting in light of the COVID-19 pandemic, and considerations for employers as they navigate their response to those issues. In this episode, Pepper of counsel Tracey Diamond discusses back to work issues for employers with Pepper partner Susan Lessack and associate Lee Tankle, and Troutman associate Kristalyn Lee. Topics discussed include workplace safety, employee exposure and employee complaints.

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and respond. In this episode, Troutman Sanders partner Robert Browne talks about considerations for limiting liability for manufacturers of masks and other protective gear for healthcare providers and the general public. Joining Robert for this podcast are Pepper partners Sharon Klein and Judy O'Grady, and Troutman Sanders associates Brett Tarver and Victoria Alvarez.

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss employee benefits, executive compensation, and labor and employment issues that employers are confronting in light of the COVID-19 pandemic, and considerations for employers as they navigate their response to those issues. In this episode, Troutman Sanders partner Mamta Shah and Pepper Hamilton partner Paul Porretta discuss opportunities provided by the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) to offer “qualified individuals” favorable tax treatment for “coronavirus-related distributions” and greater flexibility on plan loan limits and repayment terms in the context of 401(k) plans and other tax-qualified defined contribution retirement plans. Troutman Sanders associate Chris Stock moderates the discussion. Paul and Mamta address the following topics: • The extent to which plan administrators are accepting self-certification of “qualified individual” status, and the form and content required; • Money sources available in participant accounts for coronavirus-related distributions; • Design and administrative considerations; • Amending plan documents and updating summary plan descriptions; • Communicating coronavirus-related distribution and plan loan rules to participants; and • Key open issues pending IRS guidance.

In this podcast series, we spend time talking to some of our clients that are stepping up to help during the COVID-19 pandemic. In this episode, Pepper partner Peter Wakiyama has a discussion with Sam Payrovi, Chief Executive of Consortium. They discuss some good tips for an emerging company in general and how Consortium quickly transformed their business to be able to move forward during COVID-19 and work with New York City, including the legal challenges they faced.

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and respond. In this episode, Pepper Hamilton partner Amy Foerster focuses on the impact on litigation itself, both ongoing and newly filed cases. Joining Amy for this podcast include Pepper Hamilton partners Alan Kessel and Jeff Carr, and Troutman Sanders partners Lindsey Mann and Alison Grounds. Topics covered in this podcast include: • Current trends and tips to keep cases progressing, • Issues to consider when the courts reopen their physical operations, • Impact of the virtual working environment on data collection, • potential permanent changes to litigation practices following COVID-19.

Pepper partners Hannah McPhelin and Justin Weber join this podcast to discuss issues regarding commercial real estate leasing in light of COVID-19. They explore what is currently occurring in the marketplace, what legal issues tenants and landlords are raising during the pandemic and the framework for examining these issues, and practical ways to approach these situations. They also focus on what issues parties should be anticipating and how the current situation will influence provisions in new leases that are being drafted.

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and respond. In this episode, Pepper Hamilton partner Tambry Bradford focuses on regulatory takings and executive power to seize property during the COVID-19 crisis, focusing on business closure orders and other orders of state and local governments. Joining Tambry for this podcast are Pepper Hamilton partners Mike Hino and Justin Weber, and Troutman Sanders partners Ashley Taylor and Chris Browning.

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and respond. In this episode, Pepper Hamilton litigation partner Doug Herrmann focuses on securities litigation and disclosure issues. Joining Doug are litigation partner Tim Mast and corporate partner David Meyers with Troutman Sanders, and Pam Palmer and Bob Hickok, litigation partners with Pepper Hamilton. Topics discussed include if there will be a rise in litigation, including class actions and derivative law suits, SEC disclosure guidance, and also loss causation claims and insolvency issues.

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and respond. In this episode, Troutman Sanders partner Brian Watt focuses on liability issues for businesses that remain open during the crisis with Troutman Sanders partners Matt Aaronson and Ashley Hager, and Pepper Hamilton partners Brian Downey and Will Taylor. The team discusses: • how the “stay at home” orders of various states impact whether a business should stay open, and what enforcement actions it may face if it is not an exempt business or does not follow the mitigation measures required of any exempt business • several employment issues that employers are facing related to the crisis • the types of litigation related to COVID-19 that businesses are already facing, including class action lawsuits • steps that a business should follow to reduce liability risks.