A recent case in Pennsylvania reminds companies to think carefully about sharing their attorney-client communications with third parties, such as public relations firms. On March 13, a unanimous three-judge panel of the...more
4/13/2017
/ Attorney-Client Privilege ,
Confidential Communications ,
Corporate Counsel ,
Defamation ,
Discovery ,
Health Care Providers ,
Hospitals ,
Internal Investigations ,
Opinion Letter ,
Peer Review ,
Physicians ,
Work-Product Doctrine
The Court’s discussion of concrete injuries likely applies to other statutory consumer class actions based solely on technical violations.
On May 16, the U.S. Supreme Court issued its much-anticipated decision in Spokeo,...more
In a recent clash between contract principles and the mootness doctrine, contract principles won. Relying on traditional contract principles, the U.S. Supreme Court issued a 6–3 decision on January 20, holding that an...more
The Teladoc decision reinforces that state boards that are composed of market participants need to reassess how they are supervised if they seek shelter from antitrust scrutiny under the state action doctrine....more
The decision does not change the law on what is necessary to prove standing, although it does reinforce the notion that a plaintiff will have standing if he or she can allege a concrete injury.
In the latest in a slew of...more
10/8/2015
/ Bailments ,
Breach of Contract ,
Cause of Action Accrual ,
Civil Conspiracy ,
Clapper v. Amnesty International ,
Class Action ,
Coca Cola ,
Data Breach ,
DPPA ,
Fraudulent Charges ,
Identity Theft ,
Personally Identifiable Information ,
Restitution ,
Standing
In light of numerous recent data breaches, cybersecurity has emerged as an issue impacting organizations ranging from the local hardware store to the largest multi-national firms in the world. In short, no industry is immune...more
9/17/2015
/ Banking Sector ,
Breach Notification Rule ,
CAN-SPAM Act ,
COPPA ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
FERPA ,
Financial Institutions ,
Gramm-Leach-Blilely Act ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
HITECH Act ,
OCR ,
Personally Identifiable Information ,
Privacy Laws ,
Verizon
During this webinar, panelists examined recent developments in antitrust law and discuss the potential impact on health care providers.
Key topics included:
• Trends in health care competition after the ACA, with a focus...more
The opinion from the Philadelphia Court of Common Pleas reinforces lack of standing as a defense for companies facing data breach–related class actions.
On March 25, the Philadelphia Court of Common Pleas provided...more
Storm v. Paytime, Inc. — a recent case decided by the U.S. District Court for the Middle District of Pennsylvania — gives companies that have suffered third-party data breaches another decision to support dismissing class...more
Historically, the Federal Trade Commission (FTC) has been the most active federal regulator of data privacy and security. Since its creation, it has pursued hundreds of cases against companies that violated privacy statutes...more
On February 25, the U.S. Supreme Court issued its decision in North Carolina State Board of Dental Examiners v. Federal Trade Commission, 2015 U.S. LEXIS 1502 (2015). In the 6–3 opinion, the Court held that an action taken by...more
In an opinion released on November 11, the Connecticut Supreme Court ruled on whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations preempt a common law claim for...more
11/26/2014
/ Breach of Contract ,
Class Action ,
Data Breach ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Negligence ,
Negligent Infliction of Emotional Distress ,
Patient Confidentiality Breaches ,
PHI ,
Popular ,
Private Right of Action
U.S. District Judge Stanley R. Chesler of the District of New Jersey recently provided much needed guidance to directors and officers on their duties and responsibilities with regard to cybersecurity. In Palkon v. Holmes, et...more
Three recent cases offer guidance to health care entities in Pennsylvania and New Jersey regarding the discovery of documents created in connection with peer reviews, quality of care reviews and adverse event investigations...more
Microsoft Corp. is appealing the recent decision of U.S. District Judge Loretta A. Preska which requires the company to disclose the contents of e-mails stored at a data center in Dublin, Ireland, in compliance with a warrant...more
9/10/2014
On August 26, the United States Court of Appeals for the Third Circuit affirmed the District Court’s dismissal of the Fair Labor Standards Act (FLSA) overtime claims brought against a myriad of health care systems and their...more
Following the July 31, 2014 decision of a New York federal judge in In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., 1:13-mj-02814 (SDNY), U.S. companies should be aware that data...more
The Supreme Court has a renewed interest in the state action doctrine. After declining to clarify what types of state action are exempt from federal antitrust scrutiny for years, the Supreme Court agreed to hear its second...more
Earlier this year, the Supreme Court issued its decision in FTC v. Phoebe Putney Health System, Inc., 133 S.Ct. 1003 (2013), which held that the state action antitrust immunity doctrine applies only when the state legislature...more
On Tuesday, the United States Supreme Court reined in the state action immunity doctrine, which exempts municipalities from scrutiny under the federal antitrust laws when they act pursuant to a “clearly articulated state...more