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Do You Need a BAA? When HIPAA Requires One
By Jana Gouchev, Managing Attorney, Gouchev Law · Published October 29, 2026 · 10-minute readAt a Glance You need a BAA when a vendor does work for a covered entity or business associate and that work involves protected health information (PHI). Encryption and a...
Do You Need a BAA? When HIPAA Requires One
Does your vendor actually need a business associate agreement? Learn how HIPAA’s business associate rules apply to software companies, cloud providers, support services, and vendors handling PHI—and why the same vendor can require a BAA for one service but not another.
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Does your vendor actually need a business associate agreement? Learn how HIPAA’s business associate rules apply to software companies, cloud providers, support services, and vendors handling PHI—and why the same vendor can require a BAA for one service but not another.
IP indemnification clauses can expose businesses to unexpected costs and legal risks. Here are 12 key considerations for reviewing and negotiating IP indemnification provisions in commercial agreements.
The FTC’s lawsuit against Hims & Hers shows how privacy promises, health data, tracking tools, and consumer consent can collide. Here are 10 steps digital health companies should take now.
A vendor’s right to “improve its services” may permit far more than routine product maintenance. These 10 AI training data contract terms help companies protect customer data, privacy, intellectual property, and the value their data creates.
AI is already embedded across the healthcare technology stack. Here’s what health tech companies should know about HIPAA, business associate agreements, model training, de-identification, security, AI agents, and health data that falls outside HIPAA.
Mobley v. Workday shows why AI vendors may face claims directly even as contracts push much of the financial risk back to customers. For in-house legal teams, the key question is whether liability follows the party that actually controls the risk.
State privacy laws reached a turning point in 2026. What was once a compliance program centered on privacy notices and data collection has evolved into a broader framework governing AI, data use, vendor oversight, and product design.
A termination for convenience clause can look simple until notice is delivered. Here are the exit terms SaaS vendors and enterprise customers should negotiate before they need them.
The FTC OkCupid settlement highlights critical gaps in data privacy compliance and privacy policies…
Corporate structures with holding and affiliated companies face greater scrutiny. Mortimer v. McCool shows courts are willing to pierce the corporate veil if entities don’t operate separately. Maintaining real separateness is now critical to protect liability.
Artificial intelligence regulation reached an inflection point in 2026. What was once a patchwork of voluntary frameworks, agency guidance, and sector-specific rules is rapidly evolving into a more structured and enforceable compliance regime.
This guide outlines when and how to convert a New York LLC to a Delaware C-Corp, including key legal steps, tax considerations, and corporate governance implications.
A well-drafted AI addendum should be a thoughtful, tailored instrument that complements the main agreement, aligns with corporate risk tolerance, and achieves an intelligent balance between innovation and protection.
According to the (FTC), companies that quietly rewrite their Privacy Policies or Terms of Service to attempt to cover new AI-driven data practices, especially retroactively, could be crossing the line into unfair or deceptive territory.
Before signing contracts for generative AI tools in your business, understand legal, IP, data ownership and indemnity risks. Here’s what every company needs to review.
Before becoming a lawyer, Jana Gouchev was an artist. What she learned in the studio — patience, balance, and creative problem-solving — became the foundation for how she practice business law today.
Learn how to navigate and comply with the Colorado AI Act (CAIA) to protect your business from legal and regulatory risks.
Success Story: Accelerating Contracts and AI Compliance for a Leading Healthcare Enterprise When Legal Keeps Business On Schedule: Seamless Cultural Integration: Stepped into outside counsel role with no onboarding and zero business disruption....
Learn how to define, protect, and negotiate pre-existing intellectual property rights across all types of legal agreements.
Discover six effective strategies to streamline data processing agreements and reduce friction in privacy contracting.
Discover why attorney drafted Terms of Use (or Terms and Conditions) are essential for protecting your online business. Avoid legal pitfalls with enforceable, customized legal policies.
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