Consumer Protection Government Contracting

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Health Care E-Note - April 2016

Patient care is not confined to a single office or exam room, or a single physician or other provider. Caring for patients these days now includes complex coordination among physicians, nurses, technicians, staff, management,...more

CFPB’s Office of Minority and Women Inclusion issues annual report

The CFPB’s Office of Minority and Women Inclusion (OMWI) has issued its third annual report to Congress covering the OMWI’s activities in 2015. The Dodd-Frank Act required the CFPB and various other federal agencies,...more

Howard Young on Coming Changes To The Healthcare Space [Video]

Howard Young, co-head of the healthcare practice at Morgan Lewis, talks about some of the major forces driving change and consolidation within the healthcare industry. According to Young, innovations in technology and changes...more

Financial Services Weekly News - February 2015 #4

Regulatory Developments - CFPB Announces No-Action Policy for Innovative Consumer Products - On Feb. 18, the CFPB issued a final policy statement that permits some companies with innovative consumer products to seek...more

Money for Nothing: Offer of Complete Relief to Named Plaintiff Does Not Moot Class Action, Supreme Court Holds in 6-3 Decision

An unaccepted Rule 68 offer of judgment that would fully satisfy a named plaintiff’s individual claim does not moot individual or class claims opined the U.S. Supreme Court, resolving a split in the circuits. Campbell-Ewald...more

FDA Regulatory and Compliance Monthly Recap — December 2015

Pacira secures expanded marketing for painkiller medication as FDA agrees to settle lawsuit, revoke warning letter - The pharmaceutical industry won in its latest bid for more leeway to promote drugs for unapproved uses,...more

DoD Cybersecurity Rules Expand Contractors’ and Other DoD Awardees’ Obligations to Safeguard Sensitive Data and Report Cyber...

The United States Department of Defense (“DoD”) recently published two new rules that impose broader obligations to safeguard information that falls within specified categories of sensitive data and to report cyber incidents...more

New DoD Cybersecurity Rule and How Contractors Can Reduce Their Risks

The Department of Defense (DoD) issued an interim cybersecurity rule in August 2015 that, among other things, revises the existing Defense Federal Acquisition Regulation Supplement (DFARS) cybersecurity clause and increases...more

More Cybersecurity Rules

This update will cover two things: (1) the new (yes, again) Department of Defense cybersecurity interim/final rule on reporting cyber incidents by contractors / subcontractors and (2) the money to fund these new rules and...more

Insurance Recovery Law - October 2015

Unfair Trade Practices Exclusion Doesn't Cover Consumer Protection Suits - Why it matters: An unfair trade practices clause did not bar coverage for a policyholder's subsidiary, an Illinois federal court ruled, ordering...more

OPM data breach update–$133 million contract awarded to vendor

The Office of Personnel Management (OPM) and the Defense Department announced this week that a Portland, OR based vendor has been selected to assist with breach notification and credit assistance for the almost 22 million...more

DoD's New Cybersecurity and Cloud Standards and Reporting Requirements

The Department of Defense (DoD) released interim rules implementing provisions of the 2013 and 2015 National Defense Authorization Acts. The rules, released on Aug. 26, 2015, are effective immediately and establish the...more

OIG finds CFPB headquarters renovation costs to be reasonable

The Office of Inspector General for the Fed and CFPB (OIG) has issued a report on the results of its audit of the construction costs for the CFPB’s Washington, D.C. headquarters renovation. The renovation costs have been the...more

Actions Foreshadow Uniform Cybersecurity Regulations for Federal Contractors - Two Recent Executive Agency Actions Lay the...

Federal government contractors handling Controlled Unclassified Information (CUI) should take notice of two recent executive agency actions. Combined, they lay the groundwork for a new cybersecurity clause to be added to the...more

Canadian Procurement Changes are Good News for the Bureau’s Leniency Program

On July 3, 2015, the Government of Canada announced changes to its Integrity Regime for suppliers. Under the existing regime, suppliers convicted of certain offences, including Competition Act offences such as price-fixing...more

Call Answered: Supreme Court to Decide if Offer of Judgment Moots TCPA Class Action and Scope of Gov’t Contractor Liability

On May 18, the U.S. Supreme Court granted certiorari in Campbell-Ewald Co. v. Gomez, a Telephone Consumer Protection Act (TCPA) class action. The case raises two related questions that are the source of frequent litigation...more

Supreme Court Grants Cert in Campbell-Ewald v. Gomez

In a move that may greatly impact litigation under the Telephone Consumer Privacy Act (TCPA) and potentially other acts that provide statutory damages for violations, the high court will hear arguments in a case questioning...more

MACRA’s Advancement of EHR Interoperability and Telehealth

This is the fourth and final post in our series on the Medicare Access and CHIP Reauthorization Act (MACRA). Pub.L. No. 114-10. We’ve previously covered the repeal of the Sustainable Growth Rate (SGR) in our April 20th post,...more

Health Care E-Note - March 2015

In This E-Note: - Health Care Reform in America: The Good, The Bad and The Ugly - The Federal False Claims Act - Violations of Conditions of Payment or Conditions of Participation? - State Regulatory...more

President Obama Issues Executive Order Urging Companies to Share Cybersecurity Threat Data

Speaking at the White House’s Summit on Cybersecurity and Consumer Protection at Stanford University this month, President Obama announced that an Executive Order was signed on February 13, urging private sector companies to...more

California’s Insurance Fraud Prevention Act: 3 unsettled issues the health sector should understand

California’s Insurance Frauds Prevention Act, Ins. Code §§ 1871 et seq. (IFPA), is an unusual false claims statute. It allows “interested persons” (aka whistleblowers or relators) to file false claims lawsuits based on the...more

UK Electricity Market Reform

On 16 October 2014, the first CfD allocation round commences, with the first CfDs being signed as early as January 2015, subject to any mid-allocation round appeals. The attached “Contracts for Difference – On the Launchpad”,...more

GAO issues report on CFPB financial reporting deficiencies

The Government Accountability Office has issued a report that presents additional information regarding two significant deficiencies identified by the GAO in its audit of the CFPB’s FY 2013 and 2012 financial statements. The...more

White Collar Watch - January 2014

In This Issue: - SEC’s Dodd-Frank Whistleblower Program Report shows best practices make for an effective compliance and ethics program - In unprecedented move, government seeks to extend the responsible...more

CFPB extends diversity standards proposal comment period

The CFPB has extended the period for filing comments on its proposed policy statement establishing standards for assessing the diversity policies and practices of regulated entities relating to employment and contracting with...more

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