Akerman LLP

New York State Increases Minimum Wage and Enacts Paid Family Leave

For employers with employees in New York State, the cost of doing business in the state is going to go up due to recent legislation. New York State recently passed the following two important changes in the law which will…more
| Elections & Politics, Labor & Employment Law

The Ripple Effect of New York's Minimum Wage Increase - Part I: The Non-Hospitality Industry

Companies with employees in New York may feel ripple effects of New York's upcoming minimum wage increases in ways they may not have considered, resulting in a heavier financial burden for many. As detailed in our HR…more
| Labor & Employment Law

Representative Evidence May Or May Not Be Sufficient

A recent U.S. Supreme Court case holding that representative evidence can be used in class/collective actions to the same extent that it could be used in an individual action may not have the broad application hoped for by the…more
| Civil Procedure, Labor & Employment Law

Federal "Defend Trade Secrets Act of 2016" Passes in Congress Today: How the DTSA Affects Your Business

Over the past decade, as companies moved into a digital world, so too moved their most valuable assets and proprietary information. As a result, the United States witnessed a significant uptick in data theft and misappropriation…more
| Business Organizations, Intellectual Property, Science, Computers, & Technology

Lights, Camera, Settlement: OCR says a picture is worth $2.2 million

A New York hospital has settled with the U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) for $2.2 million after allowing a TV crew for the ABC documentary series “NY Med” to film patients receiving…more
| Art, Entertainment, & Sports Law, Health, Privacy

The Florida Springs and Aquifer Protection Act

The 2016 Florida Legislature adopted SB 552, a long-awaited, comprehensive water bill that tackled issues from Everglades restoration to water supply and created the Florida Springs and Aquifer Protection Act (the Springs…more
| Elections & Politics, Energy & Utilities, Environmental Law

In re Tam Redux: The PTO seeks Certiorari

On April 20, 2016, the United States Patent and Trademark Office (“PTO”) filed a petition for a writ of certiorari to the Federal Circuit seeking Supreme Court review of that Court’s decision in In re Tam, 117 USPQ2d 1001 (Fed…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Intellectual Property

Not a Check-the-Box Exercise: Failure to Have Signed BAA Results in Substantial Fine

A group practice that was the victim of a silver-harvesting scam has agreed to pay the U.S. Department of Health and Human Services (“HHS”) $750,000 to settle charges that it released protected health information (“PHI”) of its…more
| Civil Procedure, Health, Privacy, Science, Computers, & Technology

Florida’s Adoption of Federal Exemptions for Wholesale Drug Distribution May Benefit Pharmacies, Practitioners and Hospitals

The 2016 Florida Legislature enacted substantial legislation (Ch. 2016-212, Laws of Florida) to bring Florida’s Drug and Cosmetic Act (Ch. 499, Florida Statutes) in line with the federal Drug Supply Chain and Security Act…more
| Elections & Politics, Health, Science, Computers, & Technology

Why You Should Make Your Website ADA Accessible Now

Even though the deadline for creating accessibility standards has been pushed back to 2018, private businesses are at risk now if they have not yet taken measures to ensure that their websites can be accessed by individuals with…more
| Civil Rights, Communications & Media Law, Labor & Employment Law

FLANAX: Protecting Foreign Marks from US Unfair Competition Under Section 43(a)

In today’s increasingly global economy, trademark owners are more frequently butting up against the territorial limitations of trademark law. It has long been a matter of black letter law that trademark rights are territorial,…more
| Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

New York State Increases Minimum Wage and Enacts Paid Family Leave

New York State recently adopted the following two important changes in the law which will impact all employers in the state: (a) an incremental increase in the minimum wage, and (b) paid family leave. A. Minimum Wage…more
| Labor & Employment Law

Prepare for the Unexpected with Data Storage and Retrieval

Last week, a federal court in Illinois encountered another example of unexpected events causing problematic privacy and data storage implications for a healthcare company. The non-profit organization responsible for maintaining…more
| Health, Privacy, Science, Computers, & Technology

Shhh….OCR Releases New HIPAA Audit Protocol

Just in time for the Phase 2 audits, the Department of Health and Human Services Office for Civil Rights (OCR) quietly posted the updated HIPAA Audit Protocol on its website. The new audit protocol has been updated to include…more
| Health, Privacy, Science, Computers, & Technology

Fighting Prescription Drug Abuse Gets a Little Easier for Florida Providers, Pharmacists

Pharmacies, dispensing prescribers, and certain healthcare facilities in Florida will soon have an easier time complying with controlled-substance reporting requirements. Florida established its Prescription Drug Monitoring…more
| Health
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