How the Rise in Undercover Investigations is Changing the Law
A Moment of Simple Justice - A Prosecutor's Duty
A Moment of Simple Justice - Undercover Lover
Trial by Jury: Why It Matters in a Democratic Society
A Moment of Simple Justice - Stop Talking
Waldman: Stop Immunizing Websites That Allow Harassment
Busy Days For Voting Rights Advocates, Thanks to SCOTUS
A Moment of Simple Justice - Snitching Ain't Easy
Bringing a Lawsuit to Find Out What Happened and Why
A Moment of Simple Justice - Death by Cop
A Moment of Simple Justice - Ferguson & the Media
A Moment of Simple Justice - Revenge Porn
The Evolution of Informed Consent in U.S. Courts
FCPA Compliance and Ethics Report-Episode 71-World Cup Report-Part IV
Why Does BigLaw Have So Few Black Partners?
Friedman: Abramson Dismissal a 'Teachable Moment' for Companies
New Program Helps Women Lawyers Return to BigLaw
A More Perfect Union: Why Punish Russia for Crimea?
End Game in the Fight Over Same Sex Marriage?
Is Punishment Dead in America?
For all covered entities and business associates, September 22 was the last day for business associate agreements (BAAs) to comply with the Omnibus HIPAA Rule (the Rule) released in January 2013. Before the Rule’s release,...more
A patient arrives at your facility with Ebola-like symptoms. After taking the necessary precautions, you run the requisite tests, conduct a patient interview, and determine that in fact the patient has contracted the Ebola...more
Employers should recognize an employee’s zone of privacy in the workplace. Business owners and managers need to understand that while they have their employees’ attention for much of the workday, there are limits. An employer...more
Hospitals have long seethed over employees who exploit their inside information to become whistleblowers. There’s generally not much they can do besides seethe unless the employee has some special duty of confidentiality...more
……………..a cumbersome C-A-P
The U.S Department of Health and Human Services Office for Civil Rights has received tremendous publicity in recent years for its upward-trendingfines and aggressive enforcement of HIPAA...more
According to reports, more than half of all businesses with over 200 employees ask employees to participate in biometric screening, and nearly 10% of them provide a financial incentive for employees to participate. As a part...more
Our company has been considering implementing financial incentives for employees to participate in biometric screening as part of an employee wellness program. Are there legal issues we should be...more
Earlier this year, the U.S. Department of Health and Human Services Office of Civil Rights ("OCR") announced its plan for a number of audits regarding compliance with the Health Insurance Portability and Accountability Act of...more
The 2014 Ebola outbreak is the largest one of its type in history and the first in West Africa. A severe and often fatal disease in humans, Ebola symptoms include fever, headache, joint and muscle aches, weakness, diarrhea,...more
As the number of Ebola cases hits the 10,000 mark, employers the world over are looking to put in place plans to prepare in the unlikely event that an employee becomes exposed to or ill with the virus. Is your business...more
As the Ebola virus has spread to a second city in the United States, and with the potential for additional cities to be affected, many businesses are faced with the difficult task of determining how to properly handle their...more
Rapidly changing circumstances raise workplace questions.
The Ebola epidemic in 2014 has already been confirmed by the U.S. Centers for Disease Control (CDC) as the worst in history. The extent of this outbreak is...more
These days, many large employers have some form of wellness program, designed to help their employees address medical and lifestyle issues. Many employers reward employees who participate with discounts on insurance premiums...more
The U.S. Supreme Court's ruling that section 3 of the Defense of Marriage Act (DOMA) was unconstitutional in United States v. Windsor prompted many businesses to review and revise their employee benefit plans. However, the...more
Does his hand hurt? Between signing and vetoing bills this year, California Governor Jerry Brown exercised his executive signature on the highest number of bills sent to a California governor since 2008.
The Department of Health and Human Services' Office for Civil Rights recently published guidance to assist covered entities by explaining how the United States Supreme Court's decision regarding the Defense of Marriage Act...more
The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) released guidance last Wednesday to help covered entities and business associates understand the privacy implications of the 2013...more
Happy autumnal equinox
Home Depot Breach – By the Numbers:
- 56 million cards at risk (compare to Target = 40 million)
- $62 million in estimated costs (compare to Target =$146 million and...more
There are two important updates with respect to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). First, on September 17, 2014, the U.S. Department of Health and Human Services (HHS) issued guidance to...more
The Health Insurance Portability and Accountability Act (HIPAA) requires health care providers and other businesses to protect the confidentiality of certain patient information. Last month in an unpublished decision, the...more
A recent federal court decision underscores the importance of ADA compliance and medical confidentiality.
In this case, an employer could end up being liable because an employee posted confidential medical information...more
In the 1980’s the Supreme Court of Canada pre-emptively ended the development of a common law tort of discrimination. The case, Seneca College v. Bhadauria, stands out as one of the lost opportunities in the development of...more
Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm...more
Employers continue to look for ways to manage the cost of employee health care coverage as they navigate the turbulent waters of healthcare reform, and wellness programs continue to be a popular strategy. However, adoption...more
For the past several months (and, in many cases, years), most large employers have been preparing for the consequences of offering (or not offering) their workforce health coverage and complying with the complexities...more
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