Mintz On Air

Exclusive Rights: Intellectual Property - US Signals Approval of IP Waiver for COVID-19 Vaccines

In this episode of our Exclusive Rights podcast series, Mintz IP attorneys Daniel Weinger and Todd B. Buck, PhD, discuss the recent decision by the Biden Administration to signal US approval of a proposal to waive intellectual property rights related to COVID-19 vaccines currently under review at the World Trade Organization (WTO). India and South Africa first proposed the controversial IP rights waiver last year, and the United States had not previously supported such waivers. Dan and Todd discuss the significance of the communication from the White House and the impact such a waiver could have on businesses.

Their discussion covers the following issues:

- Impact of the broad IP waiver
- Whether the waiver helps achieve the stated goal of increased access to the vaccines
- Potential industry responses to a significant shift in US policy
- Roadblocks other than IP that remain even if the waiver goes into effect
- Possible alternative, and already existing, solutions via the TRIPS provision of the WTO

Health Law Diagnosed: Hot Topics in FDA Regulation and Enforcement

This past year has been a busy one for the FDA, but it hasn’t all been about the pandemic. FDA attorneys Joanne Hawana and Benjamin Zegarelli discuss the agency's ongoing efforts to protect the public from unproven COVID-19 cures while also pushing forward with its most important regulatory priorities, such as digital health, cannabis-derived compounds, and laboratory-developed tests and other diagnostic products.

Exclusive Rights: Intellectual Property - Basics of ITC Litigation

In this inaugural episode in our new IP podcast series, Exclusive Rights, Mintz IP litigation attorneys Dan Weinger and Drew DeVoogd discuss the important forum that is the International Trade Commission. Listen in as they cover the unique value, benefits, and challenges the venue offers in connection with intellectual property–related unfair trade practices investigations, including:

- Major differences between ITC and Federal District Court
- Viability and treatment of Standard Essential Patents at the ITC
- The types of IP the ITC handles
- Risks and strategies for Respondents (defendants) involved in an ITC investigation
- Speed of the venue and complexity of unique rules and procedure

SPAC Chat Ep. 4: Litigation Update: Preparing for the Next Wave of Suits Against SPACs

It seems that everyone is taking a second look at SPACs as the number of lawsuits against these alternative IPOs continues to increase by the day. The SEC has recently commented on the liability risks of SPACs under the securities laws following the agency’s heightened scrutiny of these blank-check companies. What exactly is happening, and how can SPAC actors mitigate the ever-increasing risk of litigation?

This latest episode of SPAC Chat features your two favorite corporate attorneys in the forefront of SPACs, Jeff Schultz and Sahir Surmeli, along with two of Mintz’s leading litigators, Doug Baumstein and Sean Prosser, as they discuss this latest SPAC trend.

The Mintz team has handled numerous multibillion-dollar SPAC transactions in recent months, including for XL Fleet and Butterfly Network, as well as the recently announced deals involving Quantum-SI, DeepGreen Metals, and Vicarious Surgical. Mintz’s SPAC practice draws from decades of experience guiding clients in a broad spectrum of industries through the intricacies of SPAC financings. The firm handled the first New York Stock Exchange SPAC transaction and has completed over 35 SPAC transactions, including SPAC IPOs and de-SPAC mergers.

Health Law Diagnosed: Telehealth Transformation: Where We Are and Where We’re Headed

The ability to provide health care from a remote location has been around for many years, but with the arrival of COVID-19, hospitals, physicians, and other health care providers have had to rapidly rethink their traditional models of health care delivery. This episode explores the many changes to the telehealth regulatory landscape necessitated by the pandemic, including expansions in Medicare and Medicaid reimbursements, the deregulation of certain HIPAA privacy and security rules, the loosening of state licensure requirements, and whether other barriers to telehealth will continue to fall in the months and years to come.

SPAC Chat Ep. 3: Tracking Trends of the SPAC Surge

There is no denying the surge in special purpose acquisition companies (SPACs) and that these financing vehicles have had a significant impact on financial markets. Join your favorite SPAC attorneys as they discuss the key trends highlighted in Mintz’s comprehensive new SPAC report produced in collaboration with PitchBook, Breaking Down the SPAC Surge: A Review of Key Trends & Issues Defining the Phenomenon.
 
Topics covered will include:
- The steady rise of capital
- Redefining company valuations
- The strength of the PIPE market
- Ever-evolving risks

Tom Burton, Jeff Schultz, Sahir Surmeli, and the Mintz team have handled some of the hottest multibillion-dollar SPAC transactions in recent months, including for XL Fleet, Butterfly Network, and Canaccord Genuity’s Environmental Impact Acquisition Corp. Mintz’s SPAC practice draws from decades of experience guiding clients in a broad spectrum of industries through the intricacies of SPAC financings. The firm handled the first New York Stock Exchange SPAC transaction and has completed over 35 SPAC transactions, including SPAC IPOs and de-SPAC mergers.

Health Law Diagnosed: Final Rules Amending the Anti-Kickback Statute and Stark Law Regulations: Part 2

At the end of 2020, the US Department of Health and Human Services Office of Inspector General and Centers for Medicare and Medicaid Services issued final rules modifying and expanding upon the regulatory safe harbors and exceptions to the federal Anti-Kickback Statute and the Stark Law, respectively.

In Part 2 of this two-part series, Mintz’s Karen Lovitch and Rachel Yount return to examine the changes to the Stark Law regulations, including new defined terms, modifications to existing exceptions, and the government’s efforts to ease compliance burdens associated with this strict liability statute.

SPAC Chat Ep. 2: The Controversy Over Sponsor Equity

Does a minimal investment in a Special Purpose Acquisition Company (SPAC) entitle a sponsor to a tremendous amount of equity after a successful IPO? Hypothetically speaking, will an investment of $25,000 for founder shares result in approximately $40 million of equity value upon completion of a $200 million SPAC IPO? What is at risk for SPAC sponsors and what are the controversies surrounding sponsor equity?

Join Mintz’s Thomas Burton, Sahir Surmeli, and Jeffrey Schultz for the second episode of SPAC Chat as they dive into the risks and high rewards affiliated with being a SPAC sponsor. Topics covered will include:

- What is sponsor equity?
- How much do sponsors typically get?
- What is at risk with investing?

Mintz has handled some of the hottest multibillion-dollar SPACs this season, including XL Fleet, Butterfly Network, and Canaccord Genuity’s Environmental Impact Acquisition Corp., and draws from decades of experience guiding clients through the intricacies of SPAC financings. Mintz handled the first New York Stock Exchange SPAC transaction and has completed over 35 SPAC transactions, including SPAC IPOs and de-SPAC mergers.