FTC Seeks to Expand Health Breach Notification Rule to Cover Non-HIPAA Health Apps

The Federal Trade Commission (FTC) has submitted a notice of proposed rulemaking, with the objective of expanding the Health Breach Notification Rule (HBNR) to include most health apps and similar technologies that are not governed by HIPAA (Health Insurance Portability and Accountability Act). The HBNR amendment proposition follows an effort to formalize the FTC’s Statement…

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Lawyer’s Downfall Highlights Dangers of Fraudulent ADA Lawsuits and Need for Ethical Practices

Deep-pocketed defendants facing compliance violation charges, such as under the Americans with Disabilities Act (ADA), can provide significant opportunities for lawyers. However, some choose paths far less ethical and considerably more illegal, such as submitting false ADA complaints. Take, for example, the unfortunate case of Florida lawyer Stuart Finkelstein. Finkelstein caught attention recently with serial…

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Minnesota Law Tightens Employer Liability in Noncompete Agreements: Nationwide Implications for Compliance and Litigation

In Minnesota, a new law taking effect from July 1, 2023, sharpens the legal and financial stakes for corporations that require their employees to sign noncompete agreements. The legislation represents another indicator of the broader shift across the United States to limit the efficacy and scope of non-compete clauses in employment contracts. A major component…

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Diebold Nixdorf CLO Departs as Company Prepares to Exit Chapter 11 Bankruptcy

Acclaimed ATM maker Diebold Nixdorf, which is currently navigating bankruptcy proceedings, recently announced that its chief legal officer, Jonathan Leiken, is stepping down as the company prepares to emerge from bankruptcy protection later this month. This development comes amidst a pivotal period for Diebold Nixdorf, a company renowned for their technological solutions in the banking…

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Radiology Groups Urge CMS to Simplify Imaging Agent Billing Requirements

In a concerted effort to alleviate what is perceived as unnecessary pressures on radiology practice billing, the American College of Radiology (ACR), the Radiology Business Management Association (RBMA), RadNet, and Rayus Radiology have submitted a joint letter to the Centers for Medicaid & Medicare Services (CMS). These organizations, representing outpatient radiology practices and imaging centers,…

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Eleventh Circuit Upholds Victory for University of Miami in COVID-19 Tuition Refund Case

The U.S. Court of Appeals for the Eleventh Circuit has recently extended a victory to the University of Miami over a litigation revolving around tuition refunds following campus closures amid the COVID-19 pandemic. The claims, which involved the university’s halt to in-person education, were based on the allegations of breach of contract and unjust enrichment….

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Joint Commission Streamlines Accreditation with Reduction of 200+ Standards

The Joint Commission, a nationally recognized body providing accreditation for healthcare organizations, has recently taken significant steps to reduce burdensome regulations. In its latest modifications, the commission will eliminate or consolidate over 200 accreditation standards across many of its programs. This marks the second major tranche of standards reduction employed by The Joint Commission. This…

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Remote Depositions: Expert Witness Cost Reduction and Credibility Challenges Ahead

In recent years, traditional legal practices have been disrupted by technological advancements, including the availability of remote depositions. The impact of this shift is expected to have profound implications for expert travel expenses, leading to a decrease in overall costs related to expert witnesses deposition. Historically, fees associated with expert witness depositions have incorporated travel…

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California Privacy Laws: Employers Face Increased Scrutiny as Attorney General’s Office Investigates Compliance

The California Attorney General’s office recently embarked on an initiative to scrutinize employer non-compliance with the California Consumer Privacy Act/California Privacy Rights Act (collectively known as the CCPA). Robinson+Cole Data Privacy + Security Insider provides an insightful look into this developing story. The CCPA, enacted in 2018, has since been a major regulatory focus for…

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Biden Administration Pursues Harmonization of Cybersecurity Regulations: Impact and Implications for Private Sector

With Cybersecurity increasingly drawing the attention of federal and state policymakers, developments in this space are poised to impact a broad array of private sector organizations. Accordingly, the Biden administration is taking steps to explore the harmonization of cyber regulations, as seen in their recent activities. This initiative underscores the government’s growing role in setting…

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Preventing Potential Genocide of Hazaras: Organizations Urge International Investigation and Support

The Asian Forum for Human Rights and Development (FORUM-ASIA) released a statement recently expressing concern over the systemic persecution of Shia Hazaras in Afghanistan, warning of a potential genocide under Taliban rule. In its call for action, FORUM-ASIA highlighted the urgency to amplify the situation of marginalized groups like the Shia Hazaras in Afghanistan. The…

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PTAB Emphasizes Degree of Investment in Parallel Proceedings for Fintiv Factor 3 Decision

In a relevant recent development, the PTAB (Patent Trial and Appeal Board) granted the institution of an Inter Partes Review (IPR) in light of several parallel district court proceedings regarding the same patent. The Board was not persuaded by the Patent Owner’s argument that the petitioner’s “conflicting” stances regarding claim construction within the district court…

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ABA Advocates for Judicial Reform to Strengthen Public Trust, Emphasizing Transparency

The American Bar Association (ABA) has stepped into the judicial reform fray, providing its own set of reform recommendations it contends will boost public trust in the U.S.’s judicial system, including the Supreme Court. Message from ABA President Deborah Enix-Ross underscores the importance of the public’s belief in the judicial process to maintaining a functioning…

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CMS Final Rule for FY 2024: Major Changes in Medicare Inpatient Psychiatric Facility Payment Policies and Rates

The Centers for Medicare and Medicaid Services (CMS) has issued a final rule that introduces revisions to Medicare policies and rates intended for the Inpatient Psychiatric Facility (IPF) Prospective Payment System (PPS) for fiscal year (FY) 2024. This decision comes in light of an increasing demand for changes in healthcare policies amidst shifting societal needs….

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ABI Releases Action on Nature Guide: A Pivot Towards Environmental Sustainability for Insurers

In an effort to combat biodiversity loss and promote environmentally conscientious practices within the industry, the Association of British Insurers (ABI) has released guidance for its members, referred to as the Action on Nature Guide. The aim of this material is to encourage insurers and long-term savings providers to become more “nature positive.” This recent…

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