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CMS Reimbursement is a Key Start-up Strategy

December 3, 2020

Note this important commentary on the key role of CMS in the U.S. Healthcare system.  Pivoting to start-ups, it is vital that entrepreneurs plan from day 1, the pathway to CMS reimbursement.



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Chapter 7 debtor dissolved under State law held responsible for ERISA plan

December 2, 2020

A company liquidated in bankruptcy and dissolved under state law maintains responsibility for an ERISA plan if it continues to make pay-outs in the company name  The 11th Circuit has interpreted ERISA to require such defunct company’s affiliates to back-stop such plan.  A timely PBGC take-over would have mitigated this result.


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AI Lab discovers rapid model for Protein structure

December 1, 2020

Artificial Intelligence is accelerating the path toward drug development, including vaccines.  Neural networks modeled on the human brain learn skills by analyzing Big Data.  In the Digital Health space, AI is being used in numerous ways from virtual assistants for physicians to forging a patient’s personalized medical journey.


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SEC Proposes issuance of Equity to Gig Workers

November 27, 2020

The SEC has proposed a rule to exempt the issuance of equity to gig workers in alignment with employee treatment.  This is a positive for workers who would like a share of the company, although it further highlights the disparate treatment of these workers at the Gig employer’s convenience.


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Pre-Bankruptcy Planning can include Removal of Trust Beneficiary

November 25, 2020

Pre-Bankruptcy planning requires debtors to make sure that their pre-bankruptcy asset transfers are made for equivalent value to avoid being clawed back as fraudulent to creditors.  A CA court recently held that a parent’s removal of a beneficiary (soon to be debtor) from a family trust is not a fraudulent transfer.



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Oxford Attempts to Isolate Word of the Year

November 24, 2020

Having fun with language today! One positive outcome of 2020 is the many words that have been creatively coined, such as  “infodemic” and “blursday,” that aptly describe social and economic reality.  In the workplace, there is much to appreciate from the “remote” opportunities and even more, the aspirational “in person.”  As we continue to chat virtually, I look forward to meeting again outside the screen.

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Entrepreneurs take Tik Tok Houses Public

November 23, 2020

A new breed of entrepreneurs is investing in social media stars, yielding volatile penny stock investments that are attracting teenagers.  West of Hudson Group operates a network of content houses where many influencers live and has taken them public through a blank check company.  This new trend seems to be begging for better scrutiny from regulators.

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Chapter 15 Filings as Cross-border Connectors

November 18, 2020

Chapter 15 allows foreign companies to file US bankruptcy proceedings to protect US assets.  Over the past year, filings in Canada, Australia and the UK have spilled over to the US.  While each country has its own unique set of laws, these cross-border links demonstrate the truly global nature of insolvency and the need to collaborate in this space.


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Will Student Debt become dischargeable?

November 17, 2020

The saga of student debt continues into the new administration.  Here’s to hoping that it will be treated like any other debt in bankruptcy in the future, treating Education Department backed debts like any other unsecured debt, and affording fresh starts to all.

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“Comparable Worth” Law Rectifies Gender Discrimination

November 16, 2020

The concept of “Comparable Worth” as a way to equalize gender pay under Title VII has been discarded by US courts as too murky to implement.  Meanwhile, in New Zealand, a woman-led government is finally making it law.  It is about time that so-called “women’s work” is recognized and compensated for its skillful value-add.

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