Welcome to our second issue of The Health Record - our healthcare law insights e-newsletter!
SCOTUS Agrees to Review Medicare DSH Payments Case -
“The suit, Advocate Christ Medical Center v. Becerra, was originally filed in...more
6/21/2024
/ American Hospital Association et al v Becerra Secretary Of Health And Human Services et al ,
Artificial Intelligence ,
Cybersecurity ,
Data Security ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Healthcare Reform ,
Hospitals ,
HRSA ,
Medicare Payment Reform ,
Nursing Homes ,
Pharmaceutical Industry ,
Physicians ,
Popular ,
Privacy Laws ,
SCOTUS ,
Technology Sector ,
Telehealth ,
Telemedicine
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
The healthcare industry is a major target for cyberattacks because of all of the personal information collected from patients. Recognizing that the healthcare industry is such a ripe hunting ground for cybercriminals, the...more
3/8/2024
/ Confidential Information ,
Cyber Attacks ,
Cybersecurity ,
Data Security ,
Department of Health and Human Services (HHS) ,
Healthcare ,
Information Technology ,
Performance Standards ,
Popular ,
Risk Management ,
Risk Mitigation ,
Technology
Unlike the General Data Protection Regulation (GDPR) in the European Union (EU), the United States does not have a nationwide comprehensive data privacy law. Instead, the United States applies a sectoral approach to its...more
1/17/2024
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Legislative Agendas ,
New Legislation ,
New Regulations ,
Privacy Acts ,
Privacy Laws ,
State and Local Government ,
State Privacy Laws
The Current Status of Privacy Laws Across the United States -
Unlike the General Data Protection Regulation (GDPR) in the European Union (EU), the United States does not have a nationwide comprehensive data privacy law....more
1/17/2024
/ 3D Printing ,
Algorithms ,
Biometric Information ,
Biometric Information Privacy Act ,
Consumer Privacy Rights ,
COPPA ,
Cybersecurity ,
Data Brokers ,
Data Protection ,
Data Security ,
Facial Recognition Technology ,
Hackers ,
Healthcare ,
Legislative Agendas ,
Medical Devices ,
New Legislation ,
New Regulations ,
New York ,
Online Safety for Children ,
Personal Data ,
Privacy Laws ,
Public Schools ,
Ransomware ,
Regulatory Agenda ,
State and Local Government ,
State Privacy Laws ,
Technology
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
U.S. Department of Education Takes Action Against Five Schools for Disbursing Federal Student Aid to Students Enrolled in Unaccredited Programs -
“The settlement agreements include the payment of liabilities for all five...more
10/2/2023
/ Colleges ,
Corporate Transparency Act ,
Cybersecurity ,
Data Security ,
Department of Education ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Enforcement Actions ,
Federal Student Aid ,
Legislative Agendas ,
Personal Data ,
Research Funding ,
School Districts ,
Students ,
Tax Exempt Entities ,
Universities
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 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 if its product is compromised and results in a data...more
4/25/2023
/ Contract Terms ,
Cyber Attacks ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Data Security ,
Indemnification Clauses ,
Indemnity ,
Software ,
Software Developers ,
Technology Sector ,
Vendor Contacts ,
Vendors
What Employers Can Do When a Union Knocks on Their Door -
When a union knocks on an employer's door, it can be a shock and awe experience for the unprepared employer. It is important for employers to understand their...more
4/6/2023
/ 3D Printing ,
Amended Rules ,
Building Codes ,
Business Development ,
Citations ,
Construction Industry ,
Construction Project ,
Cyber Attacks ,
Cybersecurity ,
Data Protection ,
Data Security ,
Department of Energy (DOE) ,
Department of Transportation (DOT) ,
Employer Liability Issues ,
Enforcement Actions ,
Environmental Policies ,
Florida ,
Highways ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
North Carolina ,
OSHA ,
Pennsylvania ,
Permits ,
Property Owners ,
Proposed Legislation ,
Remote Working ,
State and Local Government ,
Sustainable Projects ,
Unions ,
Workplace Safety
Amazon Sued for Not Telling New York Store Customers about Tracking Biometrics -
“Thanks to a 2021 law, New York is the only major American city to require businesses to post signs letting customers know they’re tracking...more
4/3/2023
/ 3D Printing ,
Authorship ,
Biometric Information ,
Biometric Information Privacy Act ,
Biotechnology ,
Chief Information Security Officer (CISO) ,
Class Action ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Security ,
Disclosure Requirements ,
Divorce ,
DNA ,
Email ,
Employer Liability Issues ,
Facial Recognition Technology ,
Fingerprints ,
Human Embryos ,
Incident Response Plans ,
Life Sciences ,
Medical Devices ,
Non-Fungible Tokens (NFTs) ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Securities and Exchange Commission (SEC) ,
State and Local Government ,
Technology Sector
EU and U.S. Agree to New Data-Sharing Pact, Offering Some Respite for Big Tech
“For over a year, officials on either side of the Atlantic have been hashing out a deal to replace the so-called Privacy Shield.”
Why this...more
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
Seven North Carolina Colleges Secretly Tracked Social Media Posts of Students, Protesters
"A new report shows seven North Carolina universities monitored social media platforms to keep an eye on things like protests or...more
IRS Says It Exposed Some Confidential Taxpayer Data on Website "Tax agency says error led to posting about some taxpayers with IRAs." Why this is important: In the last issue of Decoded, we discussed the fact that the IRS...more
CFPB Takes Action to Protect the Public from Shoddy Data Security Practices
"The bureau said the circular does not suggest that particular security practices are specifically required under the Consumer Financial...more
9/7/2022
/ Blockchain ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Cryptocurrency ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Financial Institutions ,
Non-Fungible Tokens (NFTs)
Is the U.S. Finally Getting a Comprehensive Cybersecurity and Data Protection Law? What You Need to Know About the Proposed American Data Privacy and Protection Act -
In the beginning of the 2000s, as a result of the...more
7/21/2022
/ Biotechnology ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
CRISPR ,
Cryptocurrency ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Facial Recognition Technology ,
Food and Drug Administration (FDA) ,
Nanotechnology
In the beginning of the 2000s, as a result of the advance in technology, the Federal Trade Commission (“FTC”) looked to Congress to pass legislation that would ensure protection of citizens' privacy rights. However, Congress...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
In a previous issue of Decoded, we discussed the alarming fact that many medical devices, including those implanted in patients' bodies, are leaving the manufacturers with known cybersecurity flaws. Due to these known flaws,...more
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