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Court Dismisses Data Breach Class Action for Lack of Article III Standing

Last month in its decision in In re Sci. Applications Int’l Corp. (SAIC) Backup Tape Data Theft Litigation, 2014 U.S. Dist. LEXIS 64125, the United States District Court for the District of Columbia dismissed all but two...more

Clapper Again Stymies Data Breach Class Action

The U.S. Supreme Court’s decision in Clapper v. Amnesty International USA again has been relied on by a federal district court to hold that the “mere loss of data” in a data breach case does not constitute an injury...more

The Affordable Care Act – Where are We Now

With the passing of the March 31st deadline for the initial open-enrollment under the Affordable Care Act (“ACA” or “ObamaCare”), the resignation of Health and Human Services (HHS) Secretary Kathleen Sebelius, and the...more

‘Heartbeat’ Abortion Law Struck Down

North Dakota had passed the country’s strictest abortion law, prohibiting abortion as soon as a fetal heartbeat could be detected. However, a federal judge stepped in and blocked the state from enforcing the law that could...more

New Jersey Federal Court Applies Supreme Court’s Clapper Decision and Dismisses Data Breach Class Action

Relying in part on the recent United States Supreme Court’s ruling in Clapper v. Amnesty International, a federal judge in New Jersey dismissed a putative data breach class action against three healthcare entities and a...more

Recent Cases of Interest to Regulators

Investigative Powers - Sazant v. College of Physicians and Surgeons of Ontario, 2013 CanLII 22324 (S.C.C.), dismissing leave to appeal of a decision in 2012 ONCA 727 - In Sazant, a physician faced both criminal...more

HHS States That It Will Issue Guidance On HIPAA Regulation For Prescription Refill Reminders

On September 11, 2013, HHS stated in a joint motion filed in the case of Adheris, Inc. v. Sebelius, No. 1:13-cv-1342 (D.D.C.), that it plans to issue guidance on a HIPAA regulation related to prescription drug refill...more

Illinois Supreme Court to Decide Constitutional Challenge to Parental Notice of Abortion Act on Thursday

The Illinois Supreme Court has announced that on Thursday morning, it will hand down its decision in Hope Clinic for Women v. Adams. ...more

The Myriad Ruling: 6 Points Every Biotech CEO Must Consider

Last week, the US Supreme Court issued a long-awaited decision in Myriad Genetics, which sent shockwaves through the very foundation of the biotech industry. The decision invalidated one of Myriad’s patents on mutated...more

Health Reform + Related Health Policy News - June 2013

In This Issue: - Top News ..CMS Finalizes MLR Rule for Plans, Maintaining Application to Part D Sponsors ..Early State Filings Show Premium Reductions under ACA ..HHS Received More Than 830 Letters of...more

How Broad are Illinois' State Rights to Privacy and Gender Equality?

Our preview of the September term of the Illinois Supreme Court concludes with Hope Clinic for Women v. Adams. Although Hope Clinic arises from a constitutional challenge to Illinois’ Parental Notice of Abortion Act, the...more

Another Attempt to Curb the Sale of Prescription Data Comes Up Empty

Last year, the Supreme Court limited the ability of states to regulate the sale of prescription data.  In Sorrell v. IMS Health, the Supreme Court determined that a 2007 Vermont law that effectively banned the...more

Politicians Decide One Home Safety Question by Doctors Is Off Limits

Do you text while driving? Have a swimming pool at home without a cover? Have a gun in your house? All sensible questions for pediatricians to ask parents and adolescent patients, looking for ways they can help improve...more

Supreme Court Strikes Vermont Data Mining Law and Protects Pharmaceutical Marketing

On June 23, the U.S. Supreme Court issued a 6-3 decision in Sorrell v. IMS Health Inc., declaring a Vermont law designed to prevent data mining unconstitutional. The Vermont Prescription Confidentiality Law at issue...more

Healthcare Legal News - July 27, 2011 • Volume 1, Number 1

In This Issue: - ENFORCEMENT ACTIONS AGAINST MANAGEMENT OF HEALTHCARE PROVIDERS By Ralph Levy, Jr. - HEALTHCARE IT NEWS A PARTIAL MEANINGFUL USE REPRIEVE By Tatiana Melnik - CMS ANNOUNCES CHANGES IN...more

Supreme Court Strikes Down Vermont Prescriber Data-Restriction Law

On June 23, 2011, the United States Supreme Court struck down Vermont’s law restricting the sale, disclosure, and use of pharmacy records that reveal the prescribing patterns of individual physicians. Vermont and other states...more

IL CONSENSO INFORMATO IN PSICHIATRIA

La prassi clinica e psichiatrica non può e non deve discostarsi da quelli che sono i fondamenti legali e disciplinari della relativa competenza specialistica....more

United States Supreme Court Strikes Down Vermont Pharmaceutical “Data Mining” Law

On Thursday, June 23, the United States Supreme Court voted 6-3 to strike down a Vermont statute that sought to impose significant restrictions on pharmaceutical detailing and “data mining” activities. Justice Kennedy’s...more

U.S. Supreme Court Issues Opinion in Sorrell v. IMS Health, Inc., Striking Down Vermont Prescription Confidentiality Law (Vt....

The United States Supreme Court issued its decision in Sorrell v. IMS Health, Inc., et al. on June 23, 2011. The 6-3 decision, authored by Justice Anthony Kennedy, struck down the Vermont Prescription Confidentiality Law (Vt....more

Supreme Court Hints That Vermont’s Prescription Data Laws Violate Free Speech

Several Supreme Court justices strongly suggested recently during oral arguments that Vermont’s attempt to restrict the use of drug prescription records for marketing purposes violates corporate free-speech rights. Vermont’s...more

Sorrell, et al., v. IMS Health Inc., et al.,

Brief of Amici Curiae Electronic Privacy Information Center (EPIC) et cet., In Support Of The Petitioner

EPIC Files Amicus Brief on Risk of "Reidentification," Urges US Supreme Court to Uphold Vermont Privacy Law EPIC has filed an amicus brief in Sorrell v. IMS Health, a case now before the US Supreme Court concerning a state...more

Advertising Law Newsletter - January 31, 2011

In this issue: U.S. Supreme Court to Decide Marketing Consent Law; NAD Weighs In on Toning Shoes; ‘Well-Known’ Robocaller Banned from Telemarketing; FTC Settles False Environmental Certification Claims; and Kellogg Settles...more

NASA v. Nelson

Opinion of the United States Supreme Court

Supreme Court Affirms Right to Informational Privacy, But Says Privacy Act Safeguards Sufficient for NASA Records The Supreme Court has issued a decision in NASA v. Nelson, a case brought by NASA scientists who argued that...more

Electronic Privacy Information Center, et al., v. Janet Napolitano, et al.,

Reply Brief For Petitioners Electronic Privacy Information Center, et al.

EPIC Files Brief in Airport Body Scanner Case EPIC has filed its reply brief in the suit to suspend the Department of Homeland Security's controversial airport body scanner program. The brief argues that "the TSA has acted...more

Electronic Privacy Information Center, et al., v. Janet Napolitano, et al.,

Initial Brief For Respondents

DHS Files Brief in EPIC Airport Body Scanner Case The Department of Homeland Security has filed its answer brief in EPIC's suit to suspend the agency's controversial airport body scanner program. EPIC filed its opening...more

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