When one thinks of constitutional protections, perhaps the first things that come to mind are rights such as due process and free speech. Now, Lindsey Hoopes, involved in the wine industry in Napa, California, is seeking to add wine to that list. Specifically, Hoopes is fighting to secure the right to conduct wine-tasting tours on…
Financial Asset Management Systems, Inc., also known as FAMS, recently disclosed a significant data breach, which has reportedly reached about 164,796 individuals. This breach, as declared by the company on November 4, 2023, has far-reaching potential impacts with the unauthorized party gaining access to a plethora of sensitive consumer data. According to the notice filed…
Over the past few months, the decision of Madison Square Garden Entertainment Corp. (“MSG”) to ban all lawyers from any law firm representing a client against MSG from all its venues in New York City and Chicago, has drawn much scrutiny and criticism. This action impacts access to iconic locations like the Radio City Music…
In a recent development, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) has released two in-depth documents. Intended to educate healthcare providers, these resources focus primarily on the privacy and security risks associated with telehealth, a medium witnessing unprecedented growth amidst global health crises. The OCR’s initiative is significant, considering…
The Supreme Court’s recent decision not to hear the case of a former Illinois inmate who was kept in solitary confinement for approximately three years, has drawn strong reactions within the legal community. This individual, Michael Johnson, had accused prison officials of violating the Eighth Amendment – the bar on cruel and unusual punishment through…
In light of the recent Israeli/Palestinian conflict, the Department of Education (DOE) in the United States has issued a notice to universities and colleges across the country encouraging vigilance against ancestral and ethnic discrimination on campuses. The outreach comes in response to observed instances of antisemitism and Islamophobia within postsecondary and K-12 educational spaces. As…
On September 29, 2023, Georgia Northside Ear, Nose, and Throat, LLC (Northside ENT) reported an extensive data breach to the U.S. Department of Health and Human Services Office for Civil Rights. The healthcare provider discovered that unauthorised access had been gained to private and confidential information that had been entrusted to the company. The breach…
On November 7, 2023, Pharmacy Group of Mississippi, LLC reported a data breach to the U.S. Department of Health and Human Services Office for Civil Rights. It revealed that an unauthorized party gained access to sensitive consumer information trusted to the company, detailed in a notice of data breach filed by Pharmacy Partners. Despite disclosure…
In the wake of soaring tensions and rising hate crimes occurring on university campuses countrywide, the Department of Education recently reminded educational institutions receiving federal funding of their essential role in fostering inclusivity and tolerance. Increasing threats to specific ethnic and religious groups such as Jewish, Israeli, Muslim, Arab, and Palestinian students have necessitated a…
In November 2023, the world of privacy law and corporate legal governance witnessed some interesting developments. We focus on two main areas below: the controversy surrounding online tracking pixels on hospital websites and the American Hospital Association’s response to Senator Bill Cassidy’s request for information on the lasting implications of this matter. An online tracking…
British Airways, recently used by the Office for Civil Rights (OCR) as an example of the catastrophic potential of ransomware attacks, faced its own cyber threat. However, its swift recovery didn’t foresee the significant fine that would follow. As reported by JdSupra, the company was depicted as having reiterated the importance of adequate data protection…
In a recent development, the Office for Civil Rights (OCR) has reached a settlement with Doctors’ Management Services. The settlement amount agreed upon is $100,000. This action took place after a ransomware attack, during which the protected health details of as many as 206,695 individuals were compromised. This news comes via a press release issued…
In a significant development, Apple has agreed to pay $25 million to settle claims of employment discrimination based on citizenship, as announced by the US Department of Justice (DOJ) earlier this week. The settlement agreement brings a close to the DOJ’s investigation by its Immigration and Employee Rights Section into Apple’s alleged discriminatory hiring and…
In 1991, the US Supreme Court affirmed the state’s authority to prohibit trial participants from speaking about the trial if it risks ‘materially prejudicing’ the judicial process. The ruling was a part of the landmark case, Gentile v. State Bar of Nevada, which originally pertained to a ban on attorneys commenting on ongoing lawsuits. This…
The US Department of Justice (DOJ) announced on Wednesday that it has initiated a pattern or practice investigation into the City of Lexington’s police department (LPD). The probe will look into the LPD’s “use of force and its stops, searches and arrests” to determine if there are systemic violations of the Constitution and federal law….
The recent Executive Order by the White House on the Safe Secure And Trustworthy Development And Use of Artificial-Intelligence (AI), otherwise known as the “EO”, addresses a wide range of equity and civil rights issues correlated to AI. The order consequently enacts certain commands to certify that AI goes on to foster equity and uphold…
The Greater Rochester Independent Practice Association Inc. (“GRIPA”) has recently filed a notice of data breach with the U.S. Department of Health and Human Services Office for Civil Rights. The breach, which came to light on October 26, 2023, impacted approximately 280,000 individuals. It has been identified that a software vulnerability within MOVEit was the…
The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR), recently reached a settlement for $100,000 under the Health Insurance Portability and Accountability Act (HIPAA) with Doctors’ Management Services (DMS), a Massachusetts-based medical management company. This resolution follows a ransomware attack that impacted the firm’s electronic services. Offering medical billing, payor…
A recent case in which a U.S. federal appeals court had to determine whether a Texas pharmacy’s management created a hostile work environment for an employee with asthma has faced significant scrutiny. The employee had requested permission to wear a mask to protect themselves against Covid-19, only to be subsequently berated and insulted. The appeal…
Last month, President Biden issued an extensive Executive Order (EO) centered around the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI). The EO is poised to create a standard for AI technology, taking into consideration both potential benefits and associated risks. The President’s executive order aims to implement guidelines, establish best practices,…
A legal challenge has arisen concerning the Online Tracking Tools regulation part of the OCR HIPAA (Office for Civil Rights, Health Insurance Portability and Accountability Act). The lawsuit seeks to obstruct the issuance of this guidance. This guidance caters to a range of significant concerns for hospitals. As institutions tasked with patient care, hospitals cherish…
On November 2, 2023, a significant case was filed that could reshape legal proceedings related to online user tracking. The American Hospital Association and the Texas Hospital Association, together with Texas Health Resources and United Regional Health Care System, filed a lawsuit against the Secretary of the Department of Health and Human Services (HHS) and…
A cohort of eleven Republican Senators, all members of the Senate Banking Committee, have requested that both the Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ) step back from a joint statement that they published recently. The statement pertained to the supposed civil rights implications of a creditor’s consideration of an individual’s…
The topic of Title IX complaints within educational settings is a complex one that continues to evolve. Specifically, professionals often face the quandary of how to handle instances when where complainants decline to make a formal Title IX complaint. Recent legal insights may provide unexpected solutions to this issue. The National School Attorney’s Association (NSAA)…
The New York State Bar Association (NYSBA) is advocating for a reform in biometric data and face identification laws, urging the state Legislature to take firm steps. In a recent report, they proposed to expand the Civil Rights Act of New York. The primary purpose of this expansion is to prohibit companies from discriminating against…