King & Spalding

Student Data Protection Bills Unveiled In Congress

Two bills specifically designed to protect private student information were unveiled in the U.S. Senate last week. The first was released on May 13 by Senators Orrin Hatch (R-Utah) and Edward Markey (D-Mass.), and the second…more
| Education, Privacy

Texas Supreme Court Avoids Answering a Fundamental Question in a Wastewater Disposal Case

One year ago, in the May 2014 issue of the Energy Newsletter, we highlighted the case of Environmental Processing Systems, L.C. v. FPL Farming Ltd., (2015 WL 496336) an important environmental trespass case pending before the…more
| Agriculture, Real Estate - Commercial, Zoning, Planning & Land Use

Also In the News - Data, Privacy, & Security Practice Report - May 2015

ONC Releases Updated Guide To Privacy And Security of Electronic Health Information ? The Office of the National Coordinator for Health Information Technology (“ONC”) recently released Version 2.0 of the Guide to Privacy and…more
| Consumer Protection, Health, Privacy

The Emergency Arbitrator: Doubling as an Effective Option for Urgent Relief and an Early Settlement Tool

Last month, the International Centre for Dispute Resolution (ICDR) Young & International, International Chamber of Commerce (ICC) Young Arbitrators Forum and the Portuguese Arbitration Association (APA) sub-40 co-hosted a panel…more
| Alternative Dispute Resolution (ADR), Energy & Utilities, International Law & Trade

Delaware Supreme Court’s In re Cornerstone Therapeutics Decision Allows Independent Directors To Utilize Section 102(b)(7) Defense In Actions Subject To Entire Fairness Review

A director’s responsibilities in serving on a corporate board are attended by substantial personal financial risks—not least of which is the specter of shareholder litigation. Exculpatory charter provisions, such as Section…more
| Business Organizations, Commercial Law & Contracts

Court Dismisses Data Breach Class Complaint For Lack Of Standing - May 2015

On May 4, 2015, the U.S. District Court for the Eastern District of Louisiana held that a putative class plaintiff lacked standing to pursue claims against eBay Inc. (“eBay”) arising out of a data breach that occurred in…more
| Civil Procedure, Civil Remedies, Constitutional Law, Privacy, Science, Computers, & Technology

Also In The News - Health Headlines - May 2015 #2

CMS Publishes Corrected Comment Deadline for FY 2016 IPPS and LTCH Proposed Rule; Comments Due by June 16, 2015 – On May 5, 2015, CMS published in the Federal Register a corrected comment period for the FY 2016 Medicare IPPS and…more
| Health

Reported Relationship Between Indoor Radon Concentrations and Unconventional Marcellus Shale Drilling Must Be Interpreted With Caution

Johns Hopkins researchers recently published a paper titled, "Predictors of Indoor Radon Concentrations in Pennsylvania, 1989-2013," in Environmental Health Perspectives. The study reported the results of a mathematical analysis…more
| Energy & Utilities, Environmental Law, Toxic Torts

FERC Issues Policy Statement Regarding Pipeline Modernization Surcharges

On April 16, 2015, the Federal Energy Regulatory Commission (FERC) issued a Policy Statement regarding Cost Recovery Mechanisms for Modernization of Natural Gas Facilities (Docket No. PL15-1-000). The Policy Statement affords…more
| Energy & Utilities, Environmental Law, Toxic Torts

RAC Reform Legislation Reintroduced in House

On April 30, 2015, Representatives Sam Graves (R-MO) and Adam Schiff (D-CA) reintroduced H.R. 2156, the Medicare Audit Improvement Act of 2015. H.R. 2156 contains a number of significant new provisions from legislation of the…more
| Government Contracting, Health

PHMSA Steps Up Review of Pipeline Construction

Enforcement Focus on 60-Day Notification Requirement - The Pipeline and Hazardous Materials Safety Administration (PHMSA) has stepped up enforcement efforts concerning pipeline and LNG terminal construction…more
| Administrative Law, Construction Law, Energy & Utilities, Environmental Law

New Study Finds That Criminal Attacks Are The Number One Cause Of Health Sector Data Breaches

On May 7, 2015, the Ponemon Institute released its Fifth Annual Benchmark Study on Privacy & Security of Healthcare Data (the “Study”), which surveyed 90 HIPAA covered entities and 88 business associates regarding their privacy…more
| Health, Privacy, Science, Computers, & Technology

Compensation and Benefits Insights – April 2015 #3

Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties. To avoid such penalties,…more
| Health, Insurance, Labor & Employment Law

FERC Declines to Change "Gas Day" Start Time; Adopts Other Proposed Natural Gas Scheduling and Contracting Changes

On April 16, 2015, the Federal Energy Regulatory Commission (FERC) issued a final rulemaking order (Order No. 809 in Docket RM14-2-000) in which it declined to adopt the controversial proposed change in the "Gas Day" start time…more
| Energy & Utilities, Transportation

Compensation and Benefits Insights – April 2015 #2

The IRS recently made helpful revisions to the Employee Plans Compliance Resolution System ("EPCRS). EPCRS is an IRS program that permits plan sponsors to correct certain retirement plan errors and avoid substantial penalties,…more
| Labor & Employment Law, Finance & Banking, Taxation
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1180 Peachtree Street NE
Atlanta, Georgia 30309, United States

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