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FCC Regulations On Phone Call Captioning Held To Be Arbitrary and Capricious

On June 20, 2014, the D.C. Circuit Court of Appeals vacated two FCC regulations on phone call captioning technology designed for the hearing impaired, holding that the rules were made arbitrarily and capriciously in violation...more

The New ADA Design and Construction Issue: Website Accessibility

- The DOJ has indicated that it plans on issuing a separate regulation to address website accessibility. However, no official action has been taken since it first sought comments on its proposal for addressing website...more

Capper, Dir of National Intelligence, et al v. Amnesty International USA et al

SCOTUS Dismisses Federal Wiretapping Challenge

Full text copy of Supreme Court's dismissal of lawsuit challenging federal wiretapping program. On Tuesday, February 26, 2013, a divided Court dismissed a challenge to the FISA Amendments Act, which permits federal...more

OCR Releases De-Identification Guidance

The HHS Office of Civil Rights (OCR) recently released guidance intended to assist covered entities in understanding what de-identification is, the general process by which de-identified information can be created, and the...more

OCR Issues Guidance on Methods for De-Identification of PHI Under HIPAA

On November 26th, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) released guidance on the methods that covered entities and business associates can use to de-identify protected health...more

Guidance Regarding Methods for De-identification of Protected Health Information in Accordance with the Health Insurance...

The Department of Health and Human Services Office for Civil Rights released its long-awaited guidance regarding the de-identification of protected health information in compliance with the Health Insurance Portability and...more

Second Federal Court Tackles Absence of Closed Captions in Netflix Web-Streaming

In the wake of a federal district court in Massachusetts rejecting arguments by Netflix that its “Watch Instantly” streaming website is not a “place of public accommodation” under the Americans with Disabilities Act (ADA), a...more

EPIC Recommends Protections for Use of Commercial Facial Recognition Technology

In a statement for the record, EPIC called on the Senate Subcommittee on Privacy, Technology, and the Law to protect the ability of individuals to control the disclosure of their identity. The hearing on "What Facial...more

Massachusetts Federal Court Rules That the ADA Applies to Online-Only Business as a "Place of Public Accommodation"

On June 19, 2012, the U.S. District Court for the District of Massachusetts held, in National Association for the Deaf, et al. v. Netflix, Inc., that Netflix’s online video-streaming service, known as “Watch Instantly,”...more

Governing the Code of Life

What if the story of your life was written at birth- a “future diary” available for someone to read? The decoding of the human genome over a decade ago held the promise of defying our genetic destiny, but it also foreshadowed...more

EPIC Calls for Genetic Privacy Protections

EPIC submitted comments to the Presidential Commission for the Study of Bioethical Issues, urging the advisory panel to protect genetic privacy in large-scale human genome sequence data. The Commission requested comments...more

New Executive Order Imposes Sanctions on Technology Companies that Facilitate Human Rights Abuses in Iran and Syria

The White House recently released a new Executive Order imposing sanctions on information technology companies that facilitate certain human rights abuses in Iran and Syria. Released on April 23, the Executive Order...more

OCR’s Proposed Revisions to Accounting for Disclosures Standard Produces Strong Opposition from Many Covered Entities

Introduction The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) is reviewing comments submitted by interested parties to OCR’s proposed rule (Proposed Rule) to implement a...more

Fenwick Employment Brief - September 19, 2011

In this issue: "Me Too" Sexual Harassment Evidence Admissible; NLRB Focused on Employee Social Media Posts; Employers Required To Post Notices Of Labor Rights By November 14; Employee Not Entitled To Reinstatement Rights...more

HIPAA Audits Are Coming: Are You Prepared?

In recent months, the Department of Health and Human Services (HHS) and the Office of Civil Rights (OCR) have revved up their efforts in enforcing the Privacy and Security Rules under the Health Insurance Portability and...more

Health Headlines - July 11, 2011

In This Issue: - CMS Issues Proposed CY 2012 Physician Fee Schedule and Outpatient Prospective Payment System - CMS Proposes 3.35% Rate Decrease For Home Health Payments in 2012 and Medicaid Requirement of...more

OCR Issues FAQ to Address Technology and Accessibility

On May 26, 2011, the Department of Education’s Office for Civil Rights (OCR) issued an online FAQ document discussing how OCR believes the “equal access” requirements of the Americans with Disabilities Act (ADA) and Section...more

EEOC Issues Regulations Interpreting The Genetic Information Nondiscrimination Act 2008

On May 21, 2008, President George W. Bush signed the Genetic Information Nondiscrimination Act of 2008 ("GINA") into law. As many know, advances in medical technology have made it possible to perform genetic tests to...more

EEOC Issues Final GINA Title II Regulations

On November 9, 2010, the Equal Employment Opportunity Commission (EEOC) issued final regulations regarding Title II of the Genetic Information Non-Discrimination Act (GINA). Title II of GINA, which became effective on...more

The Internet - The Next Frontier for the ADA: Will Your Website Comply?

The Americans With Disabilities Act (“ADA”) prohibits discrimination against people with disabilities and requires public accommodations to be accessible. Most of us see the ADA in action every day when we encounter ramps at...more

Litigation- September 2010

IN THIS ISSUE: The Internet - The Next Frontier For The Ada: Will Your Website Comply?- Injunctions As A Business Tool. Please see full newsletter below for more information....more

Advertising Law - April 7, 2010

In This Issue *Manatt Adds Advertising Partner Marc Roth in New York *New York Times Profiles Manatt’s Work in Branded Entertainment *Manatt to Host the PMA's Entertainment Law Summit in Los Angeles *Pharmaceutical...more

Implementation of the Pay Telephone Reclassification and Compensation

ExParteNotice

Document summarizes a series of meetings on January 26 and 27, 2010, in which representatives of the American Bar Association, the National Association of Criminal Defense Lawyers, and the National Legal Aid and Defenders...more

Implementation of the Pay Telephone Reclassification and Compensation

Comments of NC Prisoner Legal Services

Regarding Prison Pay Phones, Comment urges FCC to: 1) establish a fair rate for all intra-state and inter-state prisoner telephone calls by eliminating commissions while allowing legitimate costs and providing a reasonable...more

Implementation of the Pay Telephone Reclassification and Compensation

Comments on Alternative Rulemaking Proposal

Contracts for telephone services in correctional settings are negotiated and agreed between correctional facilities or entire correctional systems and the carrier. These contracts are exclusive and provide the correctional...more

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