Before the advent of LLC statutes, the only way to combine the benefits of limited liability with pass-through taxation was with an S corporation. Entrepreneurs were told that if they dreamed of a major exit or liquidity event, going public through a C corporation was the way to go. Today, all 50 states have well-developed LLC statutes; the IRS has enacted “check the box” regulations making it easier to elect pass-through status; and the growth of private equity combined with increasing regulation of the public markets have made going public less attractive for many. As a result, LLCs now represent… Read more
TTL Articles
Client Profile: WAEC’s Drones and the Last Mile of Delivery

When most people think about a future filled with drones, a sky dotted with creature-like devices flitting about overhead is the likely vision that comes to mind. However, if Brandon Eck and Brett Wagner, the two 20-something co-founders of Waec (pronounced WAY-eck) have their way, we’ll also have to pay close attention to what’s going on underfoot. Waec’s mission is to develop and offer an autonomous ground-drone delivery service for restaurants and retail stores that is quick, inexpensive and environmentally friendly. Affectionately and collectively known as “Spot,” the company’s drones will provide an additional delivery alternative for these businesses that… Read more
“Where There’s a Wheel, There’s a Way” SGR Clients Roll Across the Finish Line

This article is about two of my favorite clients with disabilities. In my 34 years of serving families challenged by the special needs of their loved ones with various disabilities, Kyle Pease and Tim Beighley have revolutionized the way I now collaborate with families to develop and implement comprehensive special needs estate plans. My colleague, Emma Barry, who recently joined SGR, has already benefited greatly from her early experience with the Pease and Beighley families as she develops her expertise in this challenging estate planning subspecialty that very few traditional estate planning attorneys pursue. Kyle and Tim are handsome young… Read more
Digital Health and Privacy

Digital health is the application of digital and computing technologies and the harnessing of an immense array of related personal and other data to deliver enhanced and, in many cases, individualized, health care information and services. Innovations in digital health promise vastly improved health care as well as significant quality-of-life and financial benefits for consumers of health care services. While advancements in health care delivery have paralleled those in technology throughout the modern era of medical science, the field of digital health in the U.S. was propelled significantly forward after the 2009 passage of the Health Information Technology for Economic and Clinical Health (HITECH) Act, which offered financial incentives for health care providers and technology companies to… Read more
Perspectives on Health Care

Laura Andrew is the head of SGR’s Health Care Practice. Her practice encompasses a wide array of health care-related matters, including health care reform legislation, compliance with HIPAA, self-referral (“Stark”), anti-kickback, and fraud and abuse state and federal regulations impacting health care organizations, and health care issues affecting medical device and life sciences organizations. TTL asked Laura for her views on various issues relating to health care in the United States today. TTL: Health insurance is an issue that has challenged the United States for years. Do other countries have the same issues we do? LA: Health care coverage is a complicated topic. Few people agree on… Read more
Medical Devices and 510(k)

Advances by medical technology companies provide more efficient patient care and allow affected patients to live longer, more productive lives. Chronic medical conditions that may have resulted in death decades ago are now treatable with devices such as pacemakers and heart valves. Artificial knees and hearing aids improve quality of life for those affected. However, the interplay between the regulatory framework intended to keep patients safe and the patent system intended to provide innovators with market exclusivity may present unforeseen risks to a manufacturer seeking to market a new medical device that is substantially equivalent to an existing device. The FDA Regulatory Framework and Classes of Medical Devices Medical devices are subject to… Read more
Telemedicine

Although there is no universally agreed-upon definition of what constitutes telemedicine, generally speaking it is the use of telecommunications devices by physicians and health care providers to remotely diagnose and treat patients. Telemedicine is also utilized by insurance companies and employer-sponsored health plans. UnitedHealthcare recently expanded a pilot wellness program with telecommunications company Qualcomm to provide wearable fitness trackers to employees free of charge and to use the data collected to offer discounts on premiums. But as with any new technology, legal compliance is never as simple as it might seem. Licensure and Regulation Navigating the regulatory issues and licensing requirements related to providing telemedicine – whether as a provider, a health plan or a technology company – can… Read more
SGR Client Profile: Renee Finley and Guidewell Innovation

Renee Finley is a spunky spark of a leader. She has to be. As head of GuideWell Innovation, she fans the fires of innovation in an industry once slow to change its ways. GuideWell Innovation is part of the GuideWell Mutual Holding Company (GMHC) enterprise. Several years ago, Florida Blue reorganized and, under GMHC, moved its diverse group of companies and maintained in Florida Blue a focus on health care insurance. GuideWell Innovation, a subsidiary of GMHC, focuses on driving innovation in seven core areas: Well-being and Human Performance; Next Generation Consumer Engagement; Digital Health & Remote Management; Computational Health; Care Delivery; Healthcare Financing; and Health Policy. Shaking Up Health Care Renee brings her GuideWell Innovation… Read more
Where in the World is SGR?

Smith, Gambrell & Russell’s International Practice provides our clients around the world with a myriad of legal services. As we strategically look at trends in business and legal services, we have chosen markets and regions in which to grow where we can provide the greatest value to our clients. Here is a glimpse of regions where we have most recently expanded, including the addition of the featured attorneys. To read a full description of our International Practice and attorneys, and regions where we are growing, visit www.sgrlaw.com/international. Come and grow with us! Latin America SGR has a vibrant practice in Latin America. Several of our International Practice attorneys work with our clients there… Read more
Preparing for Litigation Before the Ink Dries

No matter the size of a transaction, a contract with a trustworthy and faithful partner can, as the saying goes, be written on the back of a cocktail napkin. When the unexpected arises, the parties will work cooperatively to solve problems consistent with their initial expectations. But a deal with someone whose nature is to be adversarial will inevitably lead to disputes, no matter how carefully and thoroughly the relevant agreement is drafted. And sometimes, of course, you only discover the true nature of whom you’re dealing with when problems emerge. For that reason, having an eye on the possibility of disputes, and eventual… Read more