Welcome to our fourth issue of The Health Record - our healthcare law insights e-newsletter. In this edition, we take a look at the Biden administration's proposed insurance rule regarding mental health and substance use...more
9/19/2024
/ Centers for Medicare & Medicaid Services (CMS) ,
Cybersecurity ,
Data Breach ,
Food and Drug Administration (FDA) ,
Health Insurance ,
Healthcare ,
Healthcare Reform ,
Legislative Agendas ,
Medical Devices ,
Mental Health ,
New Rules ,
Product Recalls ,
Stark Law ,
Substance Abuse ,
Telehealth
Welcome to our seventh 2024 issue of Decoded - our technology law insights e-newsletter. We have a few events we want to pass along to those interested in technology, but also other areas of law and business.
...more
9/4/2024
/ Acquisitions ,
Artificial Intelligence ,
Construction Industry ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Deep Fake ,
Food and Drug Administration (FDA) ,
Insurance Industry ,
Medical Devices ,
Mergers ,
National Security ,
Presidential Elections ,
Product Recalls ,
Ransomware ,
Risk Management ,
Technology Sector
We are pleased to announce that several of the firm’s practice groups and attorneys were recognized in the 2024 edition of Chambers USA, a directory of leading law firms and attorneys. Chambers and Partners annually...more
6/14/2024
/ Antitrust Provisions ,
Artificial Intelligence ,
Broadband ,
China ,
Communications Act of 1934 ,
Construction Industry ,
CRISPR ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Security ,
Department of Health and Human Services (HHS) ,
FCC ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Incident Response Plans ,
Machine Learning ,
OCR ,
OSHA ,
Ransomware ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Sensitive Personal Information ,
Unfair Competition
Revisiting…Are Automakers Making Sufficient Efforts to Protect Customer Data?
As a follow-up to our previous article and webinar, “Are Automakers Making Sufficient Efforts to Protect Customer Data?", we are addressing the...more
12/20/2023
/ American Civil Liberties Union (ACLU) ,
Automotive Industry ,
CEOs ,
CFTC ,
CRISPR ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Life Sciences ,
Manufacturers ,
Personal Data ,
Public Schools ,
Regulatory Agenda ,
Remote Working ,
Securities and Exchange Commission (SEC) ,
Surveillance ,
Technology Sector
AI-Created Art isn’t Copyrightable, Judge Says in Ruling that Could Give Hollywood Studios Pause -
“A federal judge upheld a finding from the U.S. Copyright Office that a piece of art created by AI is not open to...more
9/5/2023
/ Artificial Intelligence ,
Big Data ,
Biometric Information ,
Copyright ,
Data Breach ,
Healthcare ,
Intellectual Property Protection ,
Life Sciences ,
Machine Learning ,
Nanotechnology ,
NASA ,
Outer Space ,
Personal Data ,
Tesla
You may be Entitled to Financial Compensation…for Your Data -
“Without all of our writings and photos that AI companies are using to train their models, they would have nothing to sell.”
Why this is important: This...more
8/4/2023
/ Algorithms ,
Artificial Intelligence ,
Biotechnology ,
Bots ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Deletion ,
Data Privacy ,
Educational Institutions ,
FCC ,
Federal Trade Commission (FTC) ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Investment ,
Life Sciences ,
Online Platforms ,
PHI ,
Ransomware ,
Ripple ,
School Districts ,
Securities ,
Securities and Exchange Commission (SEC) ,
Technology Sector
Cyber Resilience Programs Falling Short on Preparing Workers for a Crisis-
“At two-thirds of organizations, there is a fear that almost all employees, 95%, will not understand how to recover following a cyberattack.”
...more
6/1/2023
/ Artificial Intelligence ,
Biotechnology ,
Bots ,
Colleges ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Educational Institutions ,
Employees ,
Enforcement Actions ,
Financial Services Industry ,
Healthcare ,
Investment ,
Popular ,
Ransomware ,
Research and Development ,
School Districts ,
Technology Sector ,
Telehealth ,
Universities
Tech Vendors and Cybersecurity – Are They Responsible?
It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more
4/25/2023
/ Algorithms ,
Archived Data ,
Artificial Intelligence ,
Burden of Proof ,
Commercial Litigation ,
Content Publishing ,
Contract Terms ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Retention ,
Data Security ,
Data Storage ,
Defamation ,
Educational Institutions ,
Electronic Communications ,
Electronically Stored Information ,
Fox News ,
Free Speech ,
Indemnification Clauses ,
Indemnity ,
Libel ,
Machine Learning ,
News Stories ,
Personal Information ,
Political Speech ,
Popular ,
Risk Management ,
Robots ,
School Districts ,
Settlement ,
Social Media ,
Software ,
Software Developers ,
Students ,
Technology Sector ,
Vendor Contacts ,
Vendors
It is imperative that a company knows what data it holds, why it is holding it, where it holds it, and who has access to it. The old adage that information is power leads many to believe that holding on to as much data as...more
Recently, lawsuits have been filed against Duke and WakeMed regarding their use of Meta’s Meta Pixel tracking product and the alleged improper disclosure of patients’ protected health information (“PHI”). The U.S. Department...more
12/21/2022
/ Covered Entities ,
Data Breach ,
Data Collection ,
Department of Health and Human Services (HHS) ,
Disclosure ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach Notification Rule ,
HIPAA Privacy Rule ,
Notice Requirements ,
OCR ,
PHI ,
Technology ,
Tracking Systems
Cybersecurity Is Everyone’s Responsibility -
A recent survey by PricewaterhouseCoopers revealed that U.S. executives now consider cyberattacks the number one risk their companies face. Concerns about cybersecurity have...more
Data Privacy, Abortion Limits Set to Collide Post-Roe "Even before the June 24 ruling in Dobbs v. Jackson Women’s Health Organization, privacy advocates, concerned that data on women seeking abortions could be used to target...more
AHA Expresses Member Support for PATCH Act, Medical Device Security "In a letter addressed to Senators Bill Cassidy (R-LA) and Tammy Baldwin (D-WI), who first introduced the PATCH Act, the AHA said that the association and...more
7/8/2022
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Federal Trade Commission (FTC) ,
GAO ,
Health Care Providers ,
Medical Devices
Universities Share Lessons Learned from Ransomware Attacks
"According to a recent Sophos poll of IT professionals, 44 percent of educational institutions suffered ransomware attacks in 2020, and 58 percent of those hit...more
6/28/2022
/ Chief Information Security Officer (CISO) ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Security ,
Food and Drug Administration (FDA) ,
Medical Devices ,
Ransomware ,
Technology Sector ,
Universities
The PATCH Act: Protecting Medical Devices from Cyber Attacks -
In a previous issue of Decoded, we discussed the alarming fact that many medical devices, including those implanted in patients' bodies, are leaving the...more
6/10/2022
/ Augmented Reality ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical Devices ,
Popular ,
Ransomware
House Subcommittee Debates Device Remanufacturing Definition, Sends User-Fees Bill to Next Stage
"Proponents of the remanufacturing bill are looking to better distinguish between medical device remanufacturing, and...more
5/27/2022
/ Coronavirus/COVID-19 ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Environmental Social & Governance (ESG) ,
Food and Drug Administration (FDA) ,
GAO ,
Medical Devices ,
Phishing Scams ,
Ransomware
Avoiding Data Breaches: A Guide for Boards and C-Suites
"Recently, plaintiffs have targeted corporate board members and C-level executives alleging that their data privacy–related claims result from a breach of fiduciary...more
5/12/2022
/ Biometric Information ,
Centers for Disease Control and Prevention (CDC) ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Digital Assets ,
Facebook ,
General Data Protection Regulation (GDPR) ,
Non-Fungible Tokens (NFTs)
Data Breach Corner - Cash App Data Breach Affects More than 8M Users -
"A former employee of the company downloaded reports containing the personal information of U.S. users."
Why this is important: Not all data...more
Britain Announces Plans to Mint Its Own NFT as It Looks to ‘Lead the Way’ in Crypto -
"Glen said the government was also 'widening' its gaze to look at other aspects of crypto, including so-called Web3, a movement that...more
4/15/2022
/ Authentication ,
Biometric Information ,
Biotechnology ,
Blockchain ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Digital Assets ,
Non-Fungible Tokens (NFTs) ,
Personally Identifiable Information ,
Smart Contracts
Massachusetts-Based Background Check Company Creative Services Faces Multiple Lawsuits Over Data Breach -
"'CSI determined that certain files dating from November 2018 to November 2021 may have been copied from their...more
4/4/2022
/ Confidential Information ,
CRISPR ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Personally Identifiable Information ,
Popular ,
TransUnion LLC v Ramirez
War in the Time of Crypto -
"In the Russia-Ukraine conflict, which side is crypto helping? Both."
Why this is important: The world continues to watch Russia's invasion of Ukraine as it dominates news outlets. An...more
3/2/2022
/ Caremark claim ,
CRISPR ,
Cryptocurrency ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Digital Currency ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
IRS ,
Non-Fungible Tokens (NFTs) ,
Ransomware ,
Russia ,
Ukraine ,
Vaccine Passports
Concerning Healthcare Data Breach Reporting Trend -
"There has been a trend in recent years for HIPAA-regulated entities to wait the full 60 days from the date of discovery of the breach to issue notifications to affected...more
2/16/2022
/ Biometric Information Privacy Act ,
Bitcoin ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Non-Fungible Tokens (NFTs)
BioPlus Specialty Pharmacy Faces Lawsuit Over Healthcare Data Breach -
"Florida-based BioPlus Specialty Pharmacy allegedly failed to safeguard PII and notify patients of a healthcare data breach that impacted 350K, the...more
2/7/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department
Athletic Fashion Dispute in Race to Courthouse -
Lululemon and Peloton are suing each other over clothing design patents and trade dress. Specifically, the case involves designs for athletic bras and leggings. Peloton won...more
With COVID-19, employers are receiving and processing an ever-increasing amount of their employees' confidential health information. From COVID-19 test results to vaccination status, many employers are routinely collecting...more
11/17/2021
/ Americans with Disabilities Act (ADA) ,
Breach Notification Rule ,
Confidential Information ,
Coronavirus/COVID-19 ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OSHA ,
PA Supreme Court ,
PHI ,
Popular ,
Vaccinations