Partner Kerri Lee Cappella presented “Strategies for Improved Outcomes in Co-Parenting Cases,” to the Pennsylvania Chapter of the American Academy of Matrimonial Lawyers. Ms. Cappella currently serves as the Chapter’s President-Elect and will begin her term as President in July, 2023. Read More
On November 15th, Marc Raspanti and Mary Kate McDevitt will present “The Physician Payment Sunshine Act and the Future of Healthcare Transparency”, a webinar through the Health Care Compliance Association (HCCA).
Drawing upon their combined expertise, Marc and Mary Kate will provide a thorough review of the Physician Payment Sunshine Act, as well as other major healthcare regulatory enforcement statutes and their continuingly expansive use. They will specifically be discussing:
The issues in the healthcare industry that led to the enactment of the Physician Payments Sunshine Act (PPSA) that are relevant to an understanding of the current law and its growing enforcement
The impact from a fraud and abuse standpoint including the significance of the first examples of Department of Justice enforcement of the Act
Other state and international sunshine acts and compare them to the PPSA
The future of transparency statutes, including the Hospital Price Transparency Regulation
For more information, or if you’d like to attend, please visit: https://www.hcca-info.org/conferences/webinars/physician-payment-sunshine-act-and-future-healthcare-transparency-overview Read More
Takeaway: Security labels on internet-connected devices are on the horizon for companies that manufacture and want to sell such devices worldwide.
Last week, the White House National Security Council announced plans for a consumer products cybersecurity labeling program aimed at improving digital safeguards on internet-connected devices.
On October 19, 2022, 50 representatives from different industries including tech, consumer product, and manufacturing convened to discuss the cybersecurity labeling program that is planned to launch in the Spring of 2023.
In conjunction with its announcement, the White House also released a fact sheet outlining various cybersecurity initiatives. In its fact sheet, the White House recommends three or four cybersecurity standards that manufacturers can use as the basis for labels that communicate the risks of using internet-connected devices.
Additionally, the administration is working with the European Union to align its Cybersecurity Act standards with those of the cybersecurity labeling program. The White House envisions that products with cybersecurity labels will be sold globally.
The idea is for the standards under consideration to rate products based on how often manufacturers deploy patches for software vulnerabilities or whether a device connects to the internet without a password.
The White House hopes this program will incentivize companies to invest in cybersecurity because they will be rewarded for participating in the program whilst customers are provided with safer products. Part of the process will include using the National Institute of Standards and Technology to create labels according to the specifications of a product. The initial stage of the program includes the creation of bar-like labels on products that consumers can scan with their phones for updated security details. The remaining stages will be released as the White House continues to develop the program.
Protecting connected devices has been an ongoing issue for some time now. Companies should stay alert as the White House releases more information in the coming year. Read More
I. University of Pittsburgh’s Handing of NIL Change
The University of Pittsburgh (Pitt) has taken a progressive stance on its Name, Image, and Likeness (NIL) policy; choosing to assist its student-athletes rather than hinder them in pursuit of these newfound opportunities. The recent change in the NCAA’s stance on student-athlete compensation has given the players the opportunity for personal financial gain and the ability to partner with charities.
“As it relates to providing our student-athletes with the most extraordinary experience at Pitt, our goal is to be progressive, innovative and helpful in every aspect of their student-athlete experience and the world of name, image and likeness is no different…We look forward to helping our student-athletes learn more about this topic and build a transparent relationship with them and their families so we can assist in their efforts or aspirations to maximize compensation and opportunities involving their name, image and likeness,1” said Heather Lyke, Pitt’s Athletic Director.
One of Pitt boosters’ first major foray into NIL came in the form of a traditional NIL collective, Alliance 412. Per NCAA guidance, Alliance 412 seeks to support all Pitt athletics without a formal relationship with the University itself. Instead, the collective hopes to connect Pitt student-athletes with businesses and strategic partners while maintaining transparency and compliance.2
On Aug. 10, 2021, the Steel City NIL Club began operation through a partnership with YOKE. This organization offers a unique approach for members of Pitt’s football team to engage in a variety of NIL opportunities. In contrast to Alliance 412, which engages in more traditional NIL deals, the Steel City NIL Club is a more direct revenue stream for the players. The YOKE platform creates a paywalled community granting paying members special access to the participating players in the form of Q and A’s, and exclusive player created content.3 The profits from these memberships are then split evenly among the participating players. Read More
Kenneth Horoho presented remarks during the Tribute to Chief Justice Max Baer at the Duquesne University School of Law Alumni Dinner on October 14, 2022. The Chief Justice was presented with the Most Distinguished Alumnus Award.
“After Judge Baer got elected, he was assigned to the Family Division. He enjoyed the Family Division. He saw it not only as a challenge but as the years went on, he saw his involvement as a way to improve the system especially as it relates to how families and children are touched by the Judicial System.” ~ Kenneth J. Horoho
Mr. Horoho highlighted the tremendous efforts the Chief Justice provided to children and families over the past three decades and encouraged the audience to “Be Like Max.” Read More
Pietragallo Gordon Alfano Bosick & Raspanti, LLP is pleased to announce the addition of a new associate to the firm’s Pittsburgh and Philadelphia Offices.
Megan E. Young joins our Employment & Labor team in our Philadelphia Office. Megan completed an externship in the City of Philadelphia’s Law Department where she handled a multitude of aspects of the litigation process including initial responsive pleadings, written discovery, depositions, pre-trial motions, municipal court, and arbitration hearings. She also spent time at a public healthcare technology company. Megan is a graduate of Temple University Beasley School of Law.
About Pietragallo
Pietragallo Gordon Alfano Bosick & Raspanti, LLP is a multi-disciplined business and litigation law firm headquartered in Pittsburgh and Philadelphia with six offices throughout Pennsylvania, Florida, Ohio, and West Virginia from which we are able to serve our clients in all 50 states and the District of Columbia. Read More
Takeaway: The latest directive from CISA will enhance federal agencies’ ability to identify vulnerabilities in their networks to prevent and respond to cybersecurity incidents.
On October 3, 2022 the Cybersecurity and Infrastructure Security Agency (CISA) announced Binding Operational Directive (BOD) 23-01 entitled Improving Asset Visibility and Vulnerability Detection on Federal Networks.[1] The aim of BOD 23-01 is “to make measurable progress toward enhancing visibility into agency assets and associated vulnerabilities.”[2]
A binding operational directive is a compulsory direction to the executive branch, departments and agencies for purposes of safeguarding federal information and information systems.[3] BOD 23-01 applies to any agencies operating as a Federal Civilian Executive Branch (FCEB) agency such as the Department of Justice, the Department of Education, and the Department of Health and Human Services.[4] The directive also applies to any entity acting on behalf of a FCEB agency that “collects, processes, stores, transmits, disseminates, or otherwise maintains agency information.”[5]
BOD 23-01 focuses on (1) asset discovery, or identifying what IP-assets reside on an agency’s networks and detecting their associated IP addresses and (2) vulnerability enumeration, or detecting and reporting vulnerabilities on those assets such as outdated software or missing updates.
The directive lists mandatory actions and reporting requirements that FCEB agencies must implement by April 3, 2023. For example, each FCEB agency must perform automated asset discovery every 7 days. FCEB agencies have discretion in determining the method and technology to complete this task, but BOD 23-01 requires that the discovery must cover the entire IPv4 space at minimum. Additionally, each agency must initiate vulnerability enumerations every 14 days. All FCEB agencies must initiate the collection and reporting of performance data within 6 months of the publication of BOD 23-01 in order to allow CISA to automate oversight and monitoring. Collectively, these actions enhance an agency’s ability to automatically detect vulnerabilities and prevent exploitation of any weaknesses in their networks. Read More
While no two divorces are alike, high net worth divorces often have complex financial issues that require specific expertise. Think about it, if you had a parent who thought they had cataracts, you would not suggest they go see their internist. A neighborhood ophthalmologist that treats all sorts of eye diseases would be better. However, a doctor that specializes in geriatric eye diseases and has treated thousands of patients for cataracts, would be the best choice. They would know the diagnosis quickly, be able to explain the process, the risks and the recovery and how best to treat if something goes wrong.
Divorcing your spouse in a high asset case is like removing the cataract. Well, not exactly.
But you do need an attorney that understands how businesses are valued, restricted stock units and other equity awards are divided and taxes are impacted by the division of certain assets.
Yes, an attorney can hire a forensic accountant or value expert to assist. However, if the attorney cannot spot the issues, ask the right questions and analyze the information in light most favorable to you, it is like taking a knife to a gunfight.
More and more, the high net worth divorces I see involve a prenuptial agreement. Again, this is where expertise comes in. Attorneys that only handle “house and pension cases” may be at a disadvantage when it comes to evaluating the enforceability and interpretation of the document. And, if the parties decide they want to attempt reconciliation, a postnuptial agreement may need to be drafted.
What if you do not think your case is high net worth enough to hire a specialist? The beauty of hiring an attorney that has experience in high net worth divorces is that they will understand your case and be able to handle your issues efficiently and with confidence. Read More
Pietragallo attorney Mark Sottile will draw on his extensive employment law experience in Pennsylvania and New Jersey’s state and federal courts in this informative presentation on the Family Medical Leave Act (“FMLA”) and the array of questions it presents for even the most conscientious employers.
Referencing cases, which he has personally litigated, Mark’s presentation will provide insight on addressing the FMLA’s many nuances, particularly related to block and intermittent leave, which occupy the time and energies of human resources professionals and attorneys alike. He will delve into the FMLA and its application in federal courts to provide a road map for dealing with employees requesting and/or taking FMLA and if necessary, defending an FMLA action.
Click here to register.
Zoom details to follow.
*Attendance is limited.
When
Tuesday, October 18, 2022
12:00 p.m. – 1:00 p.m. EST
Host
Mark T. Sottile, Attorney at Pietragallo Gordon Alfano Bosick & Raspanti, LLP
Credit
CLE credit in PA is currently pending approval. Read More
With the appointment of Gurbir Grewal as enforcement director of the Securities and Exchange Commission (SEC), 2022 has, as expected, seen more stringent oversight into public companies. Grewal formerly served as attorney general of New Jersey until 2021. The SEC selected Grewal to be tougher on Wall Street than his predecessors.
Between 2019 and 2021, SEC enforcement actions against public companies dropped by nearly half due to the pandemic and changing leadership. Grewal, along with other top SEC officials, outlined a list of new priorities for the agency, many of which focus on deterrence against corporate misconduct. Five main types of SEC enforcement actions have taken center stage with the new administration and are expected to continue to be top priorities throughout the year and beyond. Here, we examine these five main types of enforcement actions.
Read the full article .
Copyright 2022 CEP Magazine, a publication of the Society of Corporate Compliance and Ethics (SCCE). Read More
