Troutman Pepper understands the business of technology. We have the privilege of working with great companies, and created an interview series that features our clients, partners, and other guests sharing an eclectic mix of tech-related topics and insights for tech entrepreneurs and leaders in the marketplace. #troutmanpepperTECH

In this episode, Troutman Pepper Partner Joseph Guagliardo talks with David Stefanich, founder and CEO of Rymedi, an innovative health care tech company. During their interview, they discuss Rymedi’s goals of “bringing wellness to market,” helping during the pandemic, navigating U.S. and European health care and data privacy regulations, using blockchain technology, and offering tips for tech entrepreneurs.

Troutman Pepper’s national, multidisciplinary Technology Practice Group handles technology transactions, IP protection and litigation matters, M&A, regulatory and compliance issues, data privacy and security concerns, and technology-related commercial litigation. For more information about the group, contact Joe Guagliardo at [email protected].

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.

In our first episode of Season 3, we welcome back Sharon Hartung, author of Your Digital Undertaker, to discuss the state of digital assets. Sharon also provides an update to the saga with the Canadian Cryptocurrency Exchange QuadrigaCX connected with the death of Gerald Cotton, and how this story serves as an example for the need for businesses to incorporate planning for digital assets and interests.

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.

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.

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.

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?