Antitrust & Trade Regulation, Privacy, Health Law

"Eye on Privacy" Newsletter - May 2013

by Wendell Bartnick, Cedric Burton, Caitlin Courtney, Wendy Devine, Tonia Klausner, Anna Pateraki, Tracy Shapiro, Gerard Stegmaier | Wilson Sonsini Goodrich & Rosati on 5/17/2013

In this issue: - FTC Issues New Guidance for Disclosures in Online Advertising - European Regulators Opine on "Purpose Limitation" Principle – What Constitutes "Compatible Use" in the Context of Big Data? -...more

FTC Approves Order Settling Data Breach Charges

by BuckleySandler LLP on 5/15/2013

On May 3, the FTC approved a final order settling charges against a California-based cord blood bank firm alleged to have violated the FTC Act by failing to use reasonable and appropriate procedures for handling customers’...more

FTC Obtains Settlement From Cord Blood Bank In Data Theft Action

by BuckleySandler LLP on 2/14/2013

On February 5, a federal district court in California approved a settlement recently obtained by the FTC, which (i) requires a California-based firm that operates a cord blood bank to establish a comprehensive information...more

Two California Privacy Bills Introduced

by Jill Westmoreland | Loeb & Loeb LLP on 2/14/2013

California Assemblyman Isadore Hall introduced Assembly Bill 257 which addresses mobile privacy. The bill would codify many of the best practices proposed by the California Attorney General in her report titled “Privacy on...more

Federal Trade Commission Announces Interim Final Red Flags Rule

by Sabrina E. Dunlap, Carla A. R. Hine, Heather Egan Sussman | McDermott Will & Emery on 12/7/2012

The Federal Trade Commission’s interim final rule, which clarifies that most service providers are not subject to the Red Flags Rule, takes effect February 11, 2013....more

Health Care Legal News - November 28, 2012 • Volume 2, Number 10

by James M. Burns, Ralph Levy, Jr., Tatiana Melnik | Dickinson Wright on 12/3/2012

In This Issue: - Medicare Finalizes 2013 Physician Payment Schedule - Ohio Court Rules That A Court CAnnot Compel A Terminated Employee To Return PHI To The Former Employer - Insurer’s Antitrust Action AGainst...more

Health Care Legal News - October 25, 2012 • Volume 2, Number 9

by Dickinson Wright on 10/30/2012

In This Issue: - Five Core antitrust Principles For mergers of health insurers By: James M. Burns. On July 9, WellPoint and Amerigroup, two prominent health insurers, announced that they intended to merge in a...more

A Comprehensive Approach to Data Security

by Michael Volkov on 10/9/2012

Patrick Kellermann from LeClairRyan returns with a timely post on data security. When people hear “data security” they think technical jargon: firewalls, passwords, encryption, yada, yada, yada. They leave it up to...more

Healthcare Legal News - June 21, 2012 • Volume 2, Number 5

by Dickinson Wright on 6/22/2012

In This Issue: - Self-Insurance Sham? One way that employers seek to control health plan costs is by self-insuring the plan. By self-insuring, an employer pays only the cost of claims plus an administrative fee...more

Federal Trade Commission Brings Two Enforcement Actions Related to Peer-to-Peer Networks

by Mintz Levin - Privacy & Security on 6/12/2012

The Federal Trade Commission (FTC) has brought two separate enforcement actions aimed at companies that improperly shared information over peer-to-peer (P2P) networks, putting, according to the FTC’s press release, the...more

Healthcare Legal News - May 16, 2012 • Volume 2, Number 4

by Dickinson Wright on 5/16/2012

In this issue: - Private Civil Enforcement Actions Increasing: The Ameritox vs. Millennium Lawsuit By L. Pahl Zinn, and Christian G. Ohanian As healthcare and antitrust enforcement by governmental agencies...more

Beyond the Cover Story Part 2: The Final ACO Regulations - November 9, 2011 (Presentation)

by Ober|Kaler on 11/15/2011

In This Presentation: What Guidance is Available? What is an ACO? Application; Agreement; Governance; Leadership; Two Shared Savings Models; Shared Savings Payments; Appeals; Assignment of Beneficiaries; Fraud and Abuse;...more

Health Headlines - June 20, 2011

by King & Spalding on 6/20/2011

In This Issue: - District Court Upholds CMS’s Disallowance Of Illinois Medicaid “Provider Tax” - An IRS Advisory Committee Recommends Changes To IRS Rules For Group Exemptions - Eighth Circuit Denies Antitrust...more

ACO Update: Proposed ACO Fraud and Abuse Waivers Narrower than Expected

by Ober|Kaler on 4/11/2011

Recently issued regulations and other notices for comments have given health care providers guidance on how to organize and operate accountable care organizations (ACOs) in order to be eligible to receive payments under...more

ACO Update: CMS Proposal Provides Framework for ACO and Shared Savings Program Rules

by Ober|Kaler on 4/7/2011

This is part of Ober|Kaler's comprehensive overview of federal agencies' implementation of the Accountable Care Act's ACO and Shared Savings Program provisions: CMS Proposed ACO Implementing Regulations; Antitrust; Fraud and...more

Red Flag Program Clarification Act: A Change In The Red Flag Rules Tide?

by Thompson Coburn LLP on 1/24/2011

After nearly two years of enforcement delays, the FTC’s Red Flag Rules finally became effective as of December 31, 2010. However, due to the Red Flag Program Clarification Act, signed into law on December 18, 2010...more

Payment Matters: Red Flag Enforcement Delay Expired January 1, 2011; No Clarification Yet From FTC

by Ober|Kaler on 1/19/2011

The last FTC action with regard to the Red Flag Rule delayed enforcement through December 31, 2010 to allow Congress time to clarify the scope of the rule. On November 30, 2010, Congress passed the “Red Flag Program...more

Advertising Law - May 18, 2010

by Manatt, Phelps & Phillips, LLP on 5/19/2010

In This Issue: *FDA Seeks Comment on Front-of-Package Food Labeling *FCC: Radio Station Should Be Fined for Breaking Its Own Rule *FTC, Florida File Suit Against Company that Sold a Cure for Alcoholism *USDA Launches...more

Advertising Law - April 14, 2010

by Manatt, Phelps & Phillips, LLP on 4/15/2010

In This Issue: *Manatt Partners Among California’s Top IP Lawyers *Walgreens Settles with FTC Over Cold and Flu Supplement *Health Care Reform Includes Changes to Menu Labeling *Federal Reserve Issues New Rules on Gift...more

P&C Insurers Are Not “PHR Vendors” Under FTC HITECH Rule

by Morrison & Foerster LLP on 2/2/2010

The Federal Trade Commission's (“FTC”) Health Breach Notification Rule (“Rule”) requires vendors of “personal health records” (“PHR vendors”) to notify consumers and the FTC in the event that the security of personally...more

Federal Judge Dismisses Challenge to Maine Law Restricting Marketing to Minors under 18

by Sheppard Mullin Richter & Hampton LLP on 9/15/2009

On September 9, 2009, a federal judge in Maine agreed with retailers, marketers, and media companies that the recently enacted Maine law "An Act To Prevent Predatory Marketing Practices Against Minors" is likely...more

Data Mining Bans and Restrictions

by Sheppard Mullin Richter & Hampton LLP on 6/15/2009

Pharmaceutical companies may face increasing hurdles in marketing their products to physicians as states begin to ban prescription data mining. To date, legal challenges to such state laws have largely failed. Prescription...more

"Red Flag" Identity Theft Rules Apply to Unsuspecting Businesses; FTC Extends Compliance Deadline Again

by Duane Morris LLP on 5/1/2009

The Federal Trade Commission announced on April 30, 2009, that the agency would once again delay enforcement of the "Red Flags Rule," this time from May 1 to August 1, 2009. Please see full alert for more information....more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

by Manatt, Phelps & Phillips, LLP on 2/19/2009

IN THIS ISSUE: *Manatt Attorneys Take Center Stage at Leading Industry Events *Rise Seen in Online Data Theft and Financial Scams *Calorie Data Influences How New Yorkers Eat *Under Leibowitz, FTC May Increase...more

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Antitrust & Trade Regulation › Privacy › Health Law