Notable Supreme Court Decisions - In 2023, the Mexican Supreme Court addressed several high-profile decisions asserting the limits between public branches and entities to preserve the constitutional order and to protect...more
The U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) recently announced that it ordered American Medical Response (AMR) to pay a civil monetary penalty of $115,200 for failing to comply with the...more
On August 1, 2024, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced a civil monetary penalty of $115,200 against American Medical Response (“AMR”) based on a complaint that...more
On August 1, 2024, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) announced the imposition of a civil monetary penalty (“CMP”) of $115,200 collected against American Medical Response...more
Idaho’s new parental consent law took effect July 1, 2024. Under the new law: “[A]n individual shall not furnish a health care service or solicit to furnish a health care service to a minor child without obtaining the...more
In June 2023, the Rhode Island General Assembly enacted legislation granting the public expanded “privileges of the shore,” including but not limited to the right to fish from the shore, to swim in the sea and to pass along...more
What do you do when you learn the old fence that you and your neighbor thought was the correct boundary turns out to be wrong … or when you discover your house or garage has been constructed on your neighbor’s property? Such...more
On April 4, 2024, Kentucky became the fifteenth state to enact a comprehensive data privacy law, with Governor Andy Beshear signing the Kentucky Consumer Data Protection Act (KCDPA) into law. The Kentucky law will go into...more
The clash between the public's “right to know” and the interest of parties in keeping information from the public is a recurring issue. This program will give an overview of “both sides” and will examine, among other things,...more
Last month, Nebraska passed the Nebraska Data Privacy Act (NDPA), making it the latest state to enact comprehensive privacy legislation. Nebraska joins California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana,...more
Looking for compliance education and networking in your area? SCCE & HCCA’s Regional Compliance & Ethics Conferences bring compliance practitioners from all disciplines together for convenient, local compliance education....more
The U.S. Department of Health and Human Services ("HHS"), Office for Civil Rights ("OCR") continues to be actively engaged in investigating and settling alleged HIPAA violations. In advance of Mother's Day, two decisions...more
Chapter 91 of the Massachusetts General Laws, otherwise known as the Public Waterfront Act, is the primary law protecting the public’s rights to use and access the coastal tidelands of the Commonwealth. First adopted in 1866,...more
This article originally appeared in The Legal Technologist November/December 2023 Issue here. As individuals, we have the legal right to access personal data held by an organisation, and an increasing number of requests are...more
In 2023, the European Court of Justice (ECJ) clarified the limits of applicants’ right of access requests under Article 15 of the European Union’s General Data Protection Regulation (GDPR) in landmark decisions with...more
Yesterday, the Court of Appeals of Virginia held that, in order to establish an implied easement, a party must prove the physical location of the easement. In Thomas E. Morris, et al. v. Anthony Heath Parker, et al., Record...more
The U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) recently announced its 46th settlement under its Right of Access Initiative since it was initially launched in 2019. Allegations in the recent...more
In advance of the California Privacy Protection Agency’s (CPPA) December 8 Board meeting, the Agency has published new draft automated decisionmaking technology (ADMT) regulations, as well as revisions to draft regulations on...more
On October 19, 2023, the Consumer Financial Protection Bureau (CFPB) unveiled a proposed rule to implement Section 1033 of the Dodd-Frank Act. This section mandates that entities subject to it should provide consumers access...more
Start with a records request. Add a seven months’ wait. Stir in the chaos of the pandemic, with most employees working from home. Blend in a perhaps-neglected post office box. Bake for two-and-a-half years....more
In late August, the HHS Office for Civil Rights ("OCR") announced an $80,000 settlement with United Healthcare Insurance Company ("United") relating to OCR's right of access initiative (the "Initiative") which requires that...more
The European Court of Justice has issued two important decisions interpreting the European Union’s General Data Protection Regulation. One addresses the right to compensation for GDPR violations, and the other addresses the...more
A decision issued on May 4, 2023 by the European Court of Justice (the "ECJ") provides clarifications that are particularly welcome when answering requests for access from data subjects. In this decision, the ECJ, in response...more
As we have previously reported, Regeneron’s BPCIA case against Mylan regarding Mylan’s proposed aflibercept biosimilar is proceeding in the U.S. District Court for the Northern District of West Virginia, with a two-week trial...more