Welcome to our third edition of The Academic Advisor - our e-newsletter focused on education law insights. As fall semester begins, your schools and campuses are no doubt bustling with orientation, move-in, training, and...more
Financial Services Committee Passes Bills to Protect Consumers
"The House Financial Services Committee, led by Chairwoman Maxine Waters (D-CA), passed eight bills to strengthen oversight of our nation’s affordable housing...more
8/11/2022
/ Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Lenders ,
Cryptocurrency ,
Fair Lending ,
FDCPA ,
FDIC ,
Financial Institutions ,
Financial Regulatory Reform ,
Financial Services Industry ,
Securities and Exchange Commission (SEC)
Data Privacy, Abortion Limits Set to Collide Post-Roe "Even before the June 24 ruling in Dobbs v. Jackson Women’s Health Organization, privacy advocates, concerned that data on women seeking abortions could be used to target...more
Is the U.S. Finally Getting a Comprehensive Cybersecurity and Data Protection Law? What You Need to Know About the Proposed American Data Privacy and Protection Act -
In the beginning of the 2000s, as a result of the...more
7/21/2022
/ Biotechnology ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
CRISPR ,
Cryptocurrency ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Facial Recognition Technology ,
Food and Drug Administration (FDA) ,
Nanotechnology
In the beginning of the 2000s, as a result of the advance in technology, the Federal Trade Commission (“FTC”) looked to Congress to pass legislation that would ensure protection of citizens' privacy rights. However, Congress...more
Welcome to our second edition of The Academic Advisor - our e-newsletter focused on education law insights. We hope you enjoyed our first issue and found it helpful. Our aim is to support the work that you do by bringing...more
7/20/2022
/ Biden Administration ,
Colleges ,
COPPA ,
Department of Education ,
Educational Institutions ,
Facial Recognition Technology ,
First Amendment ,
Free Speech ,
Proposed Regulation ,
Public Comment ,
School Districts ,
Students ,
Title IX ,
Universities
AHA Expresses Member Support for PATCH Act, Medical Device Security "In a letter addressed to Senators Bill Cassidy (R-LA) and Tammy Baldwin (D-WI), who first introduced the PATCH Act, the AHA said that the association and...more
7/8/2022
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Health and Human Services (HHS) ,
Federal Trade Commission (FTC) ,
GAO ,
Health Care Providers ,
Medical Devices
Bridges, Natural Disasters and Liability - The Skanska Decision (Part 2) -
In the last edition of The Site Report, we discussed the legal issues surrounding the damage caused by Skanska's construction barges to the new...more
7/5/2022
/ Commercial General Liability Policies ,
Construction Contracts ,
Construction Defects ,
Construction Disputes ,
Construction Industry ,
Construction Litigation ,
Construction Project ,
Defense Strategies ,
General Contractors ,
Solar Energy ,
Subcontractors ,
Surety Bonds
Universities Share Lessons Learned from Ransomware Attacks
"According to a recent Sophos poll of IT professionals, 44 percent of educational institutions suffered ransomware attacks in 2020, and 58 percent of those hit...more
6/28/2022
/ Chief Information Security Officer (CISO) ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Security ,
Food and Drug Administration (FDA) ,
Medical Devices ,
Ransomware ,
Technology Sector ,
Universities
In the last edition of The Site Report, we discussed the legal issues surrounding the damage caused by Skanska's construction barges to the new Pensacola Bay Bridge ("Bridge") between Pensacola, Florida and Gulf Breeze,...more
The PATCH Act: Protecting Medical Devices from Cyber Attacks -
In a previous issue of Decoded, we discussed the alarming fact that many medical devices, including those implanted in patients' bodies, are leaving the...more
6/10/2022
/ Augmented Reality ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical Devices ,
Popular ,
Ransomware
In a previous issue of Decoded, we discussed the alarming fact that many medical devices, including those implanted in patients' bodies, are leaving the manufacturers with known cybersecurity flaws. Due to these known flaws,...more
House Subcommittee Debates Device Remanufacturing Definition, Sends User-Fees Bill to Next Stage
"Proponents of the remanufacturing bill are looking to better distinguish between medical device remanufacturing, and...more
5/27/2022
/ Coronavirus/COVID-19 ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Environmental Social & Governance (ESG) ,
Food and Drug Administration (FDA) ,
GAO ,
Medical Devices ,
Phishing Scams ,
Ransomware
What follows is a cautionary tale for anyone involved who fails to follow a natural disaster preparedness plan. Taking short cuts and failing to follow agreed upon emergency preparedness plans are a recipe for disaster. While...more
Bridges, Natural Disasters and Liability - The Skanska Decision (Part 1) -
What follows is a cautionary tale for anyone involved who fails to follow a natural disaster preparedness plan. Taking short cuts and failing to...more
5/24/2022
/ 3D Printing ,
Bridges ,
Climate Change ,
Construction Industry ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
Natural Disasters ,
Public Projects ,
Severe Weather ,
Sustainability ,
Transportation Industry
Avoiding Data Breaches: A Guide for Boards and C-Suites
"Recently, plaintiffs have targeted corporate board members and C-level executives alleging that their data privacy–related claims result from a breach of fiduciary...more
5/12/2022
/ Biometric Information ,
Centers for Disease Control and Prevention (CDC) ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Digital Assets ,
Facebook ,
General Data Protection Regulation (GDPR) ,
Non-Fungible Tokens (NFTs)
Data Breach Corner - Cash App Data Breach Affects More than 8M Users -
"A former employee of the company downloaded reports containing the personal information of U.S. users."
Why this is important: Not all data...more
Lessons in Arbitration Construction Dispute -
In December 2021, Alex Turner, Jeff Patton, and Lee Denton in Spilman's Winston-Salem office arbitrated a construction dispute in Norfolk, Virginia on behalf of Sure Lift,...more
Britain Announces Plans to Mint Its Own NFT as It Looks to ‘Lead the Way’ in Crypto -
"Glen said the government was also 'widening' its gaze to look at other aspects of crypto, including so-called Web3, a movement that...more
4/15/2022
/ Authentication ,
Biometric Information ,
Biotechnology ,
Blockchain ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Digital Assets ,
Non-Fungible Tokens (NFTs) ,
Personally Identifiable Information ,
Smart Contracts
Massachusetts-Based Background Check Company Creative Services Faces Multiple Lawsuits Over Data Breach -
"'CSI determined that certain files dating from November 2018 to November 2021 may have been copied from their...more
4/4/2022
/ Confidential Information ,
CRISPR ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Personally Identifiable Information ,
Popular ,
TransUnion LLC v Ramirez
Change in “Pay When Paid” Provisions for VA Public Contracts
"An Act to amend and reenact §§ 2.2-4354 and 11-4.6 of the Code of Virginia, relating to contracts; payment clauses to be included; right to payment of...more
3/29/2022
/ Carbon Emissions ,
Climate Change ,
Construction Contracts ,
Construction Industry ,
Construction Project ,
Coronavirus/COVID-19 ,
Department of Transportation (DOT) ,
Governor Wolf ,
Infrastructure ,
Infrastructure Investment and Jobs Act (IIJA) ,
State Contractors ,
Subcontractors ,
Supply Chain
The Cryptocurrency Revolution and President Biden's Formal Recognition -
Out of the ashes of the 2008 financial crisis, Bitcoin sprang up like an insurgency, targeting both the unbridled activity of large financial...more
3/18/2022
/ Bitcoin ,
COPPA ,
CRISPR ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
FinTech ,
Food and Drug Administration (FDA) ,
Hackers ,
Intellectual Property Protection ,
Internet of Things ,
Medical Devices ,
Securities and Exchange Commission (SEC)
War in the Time of Crypto -
"In the Russia-Ukraine conflict, which side is crypto helping? Both."
Why this is important: The world continues to watch Russia's invasion of Ukraine as it dominates news outlets. An...more
3/2/2022
/ Caremark claim ,
CRISPR ,
Cryptocurrency ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Digital Currency ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
IRS ,
Non-Fungible Tokens (NFTs) ,
Ransomware ,
Russia ,
Ukraine ,
Vaccine Passports
Concerning Healthcare Data Breach Reporting Trend -
"There has been a trend in recent years for HIPAA-regulated entities to wait the full 60 days from the date of discovery of the breach to issue notifications to affected...more
2/16/2022
/ Biometric Information Privacy Act ,
Bitcoin ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Non-Fungible Tokens (NFTs)
BioPlus Specialty Pharmacy Faces Lawsuit Over Healthcare Data Breach -
"Florida-based BioPlus Specialty Pharmacy allegedly failed to safeguard PII and notify patients of a healthcare data breach that impacted 350K, the...more
2/7/2022
/ Biometric Information ,
Biometric Information Privacy Act ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Supply Chain ,
Technology Sector ,
U.S. Commerce Department