Jan Levine

Jan Levine

Pepper Hamilton LLP

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Connecticut Supreme Court Allows Plaintiffs to Circumvent HIPAA’s No Private Right of Action Clause

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 HIPAA Negligence Negligent Infliction of Emotional Distress Patient Confidentiality Breaches PHI Popular Private Right of Action

Wyndham Decision Provides Guidance to Corporate Directors and Officers in Responding to a Data Breach

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

11/14/2014 - Board of Directors Corporate Officers Cybersecurity Data Breach Derivative Suit Internal Controls Personally Identifiable Information Resorts & Restaurants Shareholder Litigation Wyndham

Recent Developments in PA and NJ Regarding Scope of Privilege for Health Care Facilities Engaged in Peer Reviews and Self-Critical...

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

10/24/2014 - Healthcare Healthcare Professionals HMOs Hospitals Patient Safety Peer Review

Feds Pose Privacy Risk by Grabbing Overseas ISP E-mails

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

Third Circuit Affirms Dismissal of FLSA Overtime Claims in Hospital Meal Break Cases

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

8/29/2014 - Employee Rights FLSA Healthcare Healthcare Professionals Hospitals Over-Time Rest and Meal Break Unpaid Overtime

Foreign Data Center Subject to Reach of U.S. Government

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

8/25/2014 - Data Centers Microsoft Personally Identifiable Information Popular Search Warrant Stored Communications Act

State Action Doctrine At The Supreme Court: Take Two

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

3/20/2014 - Antitrust Litigation FTC FTC v. Phoebe Putney Health System SCOTUS State Action Doctrine

In The Wake Of Phoebe Putney, New York Passes Law Giving Antitrust Immunity To State Health Care System

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

11/1/2013 - Competition FTC v. Phoebe Putney Health System Healthcare Immunity SCOTUS State Action Doctrine

Supreme Court Limits State Action Immunity In FTC v. Phoebe Putney Health System, Inc.

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

2/25/2013 - FTC FTC v. Phoebe Putney Health System Governmental Immunity Governmental Liability Hospital Authorities Law Hospital Mergers Hospitals Immunity SCOTUS State Action Doctrine

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