McGuireWoods LLP (JD Supra United States)

On May 31, 2021, the Texas Legislature approved House Bill 3746, which seeks to amend the Texas Business and Commerce Code § 521.053 relating to certain notifications required following a breach of security of computerized data. Notably, the bill directs the Texas attorney general to post on its website a public listing of received data security breach notifications (for any breach involving at...

Yesterday, the Supreme Court resolved a circuit split on the scope of the Computer Fraud and Abuse Act of 1986 (CFAA) in a decision that emphasizes the importance of how organizations manage access to their systems. Employees with access to information at work sometimes access that information with improper motives, and in violation of office policies. This inappropriate use of access has led...

A partnership comprised of funds managed The Blackstone Group, The Carlyle Group and Hellman & Friedman will make a majority investment in Medline Industries, according to a news release.

On May 7, 2021, the operator of a major pipeline system that transports fuel across the East Coast fell victim to a ransomware attack that resulted in a six-day shutdown. Over the following week, East Coast stockpiles of gasoline dropped by about 4.6 million barrels and gas prices surged to their highest levels in six and a half years. The 5,500-mile-long pipeline provides roughly 45 percent of...

Grant Avenue Capital has announced it acquired a majority interest in QHR Health from Quorum Health Corp. QHR Health, based in Brentwood, Tenn., provides solutions to independent hospitals and health systems.

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued new COVID-19 vaccine guidance for employers. Although the updated FAQs do not address compliance with the Centers for Disease Control and Prevention’s (CDC’s) most recent mask guidance, the EEOC covers various helpful topics, including incentives for employees who get vaccinated, confidentiality of vaccine records,...

In one of the most expensive proxy fights ever, activist hedge fund, Engine No. 1, succeeded on May 26, 2021, in claiming at least two of Exxon Mobil Corp.’s board seats. In December 2020, Engine No. 1 began pushing Exxon to diversify its business after years of poor performance primarily due to a declining global reliance on fossil fuels. Exxon resisted Engine No. 1’s efforts, and in response...

On May 20, 2021, President Biden took action to address the economic impact of climate change by signing an executive order on climate-related financial risk. The order directs federal agencies to begin analyzing and mitigating the risks that climate change presents to homeowners, consumers, businesses and workers, as well as to the U.S. financial system and federal government as a whole. The...

The following series features interviews with Black dealmakers and trailblazers in the private equity and finance community. To help us spotlight professionals making a difference in their career pathways, please email Greg Kilpatrick at gkilpatrickmcguirewoods.com and Gerald Thomas at gthomasmcguirewoods.com.

Frazier Healthcare Partners has announced it has closed its 10th private equity fund focused exclusively on the healthcare middle market.

The interview below is part of an ongoing effort by McGuireWoods to profile women leaders in private equity (PE). To recommend a woman for a future interview, email Amber Walsh at awalshmcguirewoods.com.

On January 21, 2021, the Department of Health and Human Services (HHS) published proposed modifications to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH), discussed in a previous McGuireWoods’ post. The comment period for these proposals recently ended on May 6, 2021, and HHS...

The ancient attorney-client privilege: (1) protects communications primarily motivated by clients' request for legal advice, regardless of any litigation on the horizon; and (2) protects such communications absolutely. The relatively new work product doctrine differs dramatically from the attorney-client privilege in those two ways (among many others).

The Vistria Group has announced the recapitalization and a growth investment in Medalogix and Muse Healthcare. Medalogix, based in Nashville, Tenn., is a data science company focused exclusively on home health and hospice.

The interview below is part of a series from McGuireWoods that features interviews with impressive independent sponsors as part of our ongoing commitment to the independent sponsor community. To recommend an independent sponsor for a future interview, email Jon Finger at jfingermcguirewoods.com.

KKR has announced it has closed previously announced acquisition of a majority interest in Therapy Brands.

For far too long, companies facing consumer and product liability litigation have relied solely on personal jurisdiction doctrine to try avoiding unfavorable forums applying unfavorable law. Personal jurisdiction doctrine, though useful, is ultimately a tool that produces inconsistent results.

On April 29, 2021, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a favorable advisory opinion regarding the development and investment of an ambulatory surgery center (ASC) owned jointly by a hospital (health system), management company (manager), and physician investors employed by the health system.

Revival Healthcare Capital has announced it has closed a new fund with total capital commitments of $500 million.

On May 12, 2021, President Biden signed an executive order (EO) mandating that the federal government significantly improve cybersecurity within its networks and modernize federal cyber defenses. The EO acknowledges that the United States “faces persistent and increasingly sophisticated malicious cyber campaigns that threaten the public sector, the private sector, and ultimately the American...

On May 18, 2021, the Prince William County Board of Supervisors took action to authorize a consultant study to evaluate expanding the existing Data Center Opportunity Zone Overlay District generally along high transmission power lines. The Data Center Opportunity Zone Overlay District was created for the purpose of promoting development of data centers within areas of Prince William County where...

On May 17, 2021, the U.S. Department of Education’s Office for Civil Rights (OCR) announced that public hearings on the Title IX final rule defining sexual harassment as a form of sex discrimination will be held virtually June 7-11, 2021. Students, educators and others with interest and expertise in Title IX will be able to participate by offering oral comments and written submissions....

The U.S. Food and Drug Administration (FDA) cites Acceleron Pharma Inc. for failure to submit clinical trial results data to ClinicalTrials.gov within one year after the clinical trial’s primary completion date.

On May 6, the LSTA published its long-awaited concept Daily SOFR and risk-free rate (RFR)-based multicurrency credit agreements (the Concept RFR Documents). The publication of these documents is a welcomed step in the transition from LIBOR These Concept RFR Documents illustrate various types of SOFR-based US Dollar credit facilities and RFR-based multicurrency credit facilities which use a daily,

BlackRock Long Term Private Capital (LTPC) has acquired a majority interest in Transaction Data Systems from GTCR, according to a news release.

As previously discussed, on April 3, 2020, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued a process for inquiries to be submitted to OIG about whether administrative enforcement discretion would be provided for certain arrangements directly connected to the 2019 novel coronavirus (COVID-19). OIG established this process to provide regulatory...

Sixth Street has led an $830 million growth equity investment into Caris Life Sciences, according to a news release. Caris, based in Irving, Texas, develops molecular profiling assays for oncology that scan DNA, RNA and proteins to reveal a molecular blueprint intended to help physicians and patients make more precise and personalized cancer treatment decisions.

Ascend Partners has completed an equity investment in Rendr, according to a news release. Rendr, based in New York, is multi-specialty physician group serving Asian American patients in New York City.

The U.S. Court of Appeals for the Sixth Circuit held, in connection with an interlocutory appeal, that the False Claims Act (FCA) anti-retaliation provisions protect relators from post-employment retaliatory conduct. In United States ex rel. Felten v. William Beaumont Hosp., 993 F.3d 428 (6th Cir. 2021), the Sixth Circuit reversed the district court’s dismissal of relator, David Felten’s...

On May 5, 2021, the U.S. Department of Labor (DOL) eliminated a Trump administration end-of-term rule for determining whether workers should be classified as independent contractors or employees under the Fair Labor Standards Act. The former administration rolled out the rule on Jan. 7, 2021, and though it went through the full rulemaking process, it never took effect.