EEOC Increases Scrutiny on Discrimination and Harassment in the Construction Industry as Federal Infrastructure Dollars Start Flowing -
The Equal Employment Opportunity Commission (“EEOC”) plans to prioritize its efforts to...more
3/1/2023
/ Biden Administration ,
Building Standards ,
Business Entities ,
Buy America ,
Construction Industry ,
Construction Project ,
Coronavirus/COVID-19 ,
Discrimination ,
Diversity ,
Employer Liability Issues ,
Enforcement ,
Environmental Protection Agency (EPA) ,
Equal Employment Opportunity Commission (EEOC) ,
Harassment ,
Infrastructure ,
Infrastructure Financing ,
Infrastructure Investment and Jobs Act (IIJA) ,
Joint Venture ,
Minority-Owned Businesses ,
OMB ,
OSHA ,
Price Inflation ,
Proposed Rules ,
Regulatory Agenda ,
Section 8(a) ,
Small Business ,
Strategic Enforcement Plan ,
Supply Chain ,
Workplace Safety
North Carolina Power Outage Points to Homeland Security Long-Documented Threats to US Power Grid -
“Moore County blackouts serve as reminder that nation’s electricity infrastructure could be vulnerable targets for domestic...more
12/16/2022
/ Advertising ,
Banking Sector ,
Chapter 11 ,
Class Action ,
Consumer Privacy Rights ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cuba ,
Cybersecurity ,
Data Collection ,
Debt Collection ,
Department of Homeland Security (DHS) ,
Electricity ,
FDIC ,
Federal Trade Commission (FTC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Infrastructure ,
Non-Bank Lenders ,
OCR ,
Phishing Scams ,
Power Grid ,
Privacy Laws ,
Ransomware ,
Regulatory Agenda ,
State and Local Government ,
Technology Sector ,
Terrorist Threats ,
Text Messages ,
Threat Management ,
Tracking Systems ,
Unsolicited Advertisements
Biden Signs Bills Aimed at Catching Pandemic Business Loan Cheats -
"President Joe Biden signed a pair of bills that will give the Justice Department more time to investigate and prosecute people accused of fraudulently...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
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
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
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
With COVID-19, employers are receiving and processing an ever-increasing amount of their employees' confidential health information. From COVID-19 test results to vaccination status, many employers are routinely collecting...more
11/17/2021
/ Americans with Disabilities Act (ADA) ,
Breach Notification Rule ,
Confidential Information ,
Coronavirus/COVID-19 ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OSHA ,
PA Supreme Court ,
PHI ,
Popular ,
Vaccinations
The Story of Henrietta Lacks and the Biotechnology Company Accused of Selling Her Cells for Profit -
These two articles (Newsweek and Fierce Biotech) describe the new lawsuit by the Henrietta Lacks Estate surrounding the...more
10/13/2021
/ Biotechnology ,
Blockchain ,
Coinbase ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Liability Insurance ,
Patent-Eligible Subject Matter ,
Patents ,
Ransomware
Biotechnology Can Fight Climate Change—but Trade Negotiators Need to Act -
"Emerging biotechnology, such as gene-editing, can safely and effectively change our planet's future for the better."
Why this is important:...more
9/30/2021
/ Agricultural Sector ,
Amazon ,
Artificial Intelligence ,
Biotechnology ,
Bitcoin ,
Climate Change ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Cybersecurity ,
Food and Drug Administration (FDA) ,
Life Sciences ,
Novartis ,
Ransomware ,
Stablecoins ,
Surveillance
El Salvador Buys 200 Bitcoins as the Digital Currency Becomes Legal Tender -
"El Salvador became the first country to adopt bitcoin as a national currency, kicking off a radical monetary experiment that could pose risks to...more
9/15/2021
/ Apple ,
Artificial Intelligence ,
Bitcoin ,
Blockchain ,
Climate Change ,
Coronavirus/COVID-19 ,
CRISPR ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Distributed Ledger Technology (DLT) ,
El Salvador ,
Ethereum ,
Facial Recognition Technology ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
GAO ,
Government Agencies ,
Kim Kardashian ,
Medical Devices ,
Popular ,
Privacy Concerns ,
Smart Contracts
Long-term care facilities have been the epicenter of COVID-19 infections and deaths. According to the Centers for Disease Control and Prevention (“CDC”), nursing homes and other long-term care populations are at a high risk...more
1/22/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health Care Providers ,
Infectious Diseases ,
Long Term Care Facilities ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations
This 35th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us discussing yet more shutdown challenges, nursing home wrongful-death cases, landlord-tenant disputes, and tuition-refund claims....more
12/10/2020
/ Business Interruption ,
Colleges ,
Coronavirus/COVID-19 ,
Emergency Orders ,
Executive Orders ,
Financial Stimulus ,
Gross Negligence ,
Nursing Homes ,
Relief Measures ,
Religious Institutions ,
State of Emergency ,
Wrongful Death
With the continued risk of the spread of COVID-19 in assisted care facilities, more and more facilities are implementing a virtual admissions process. This process includes providing all of the admissions documents, including...more
10/21/2020
/ Acceptance ,
Arbitration Agreements ,
Assisted Living Facilities (ALFs) ,
Commercial Litigation ,
Contract Formation ,
Contract Terms ,
Coronavirus/COVID-19 ,
Electronic Records ,
Health Care Providers ,
Long Term Care Facilities ,
Virtual Meetings
Morrisey, Other AGs Reach $330 Million Agreement with Student Loan Company -
"West Virginia Attorney General Patrick Morrisey and 47 other attorneys general have reached a $330 million, multistate agreement with a student...more
9/24/2020
/ Advertising ,
Blockchain ,
CARES Act ,
Consumer Financial Products ,
Coronavirus/COVID-19 ,
Debit and Credit Card Transactions ,
Demographic Targeting ,
eMortgages ,
Enforcement Actions ,
Google ,
Illegal Fees ,
Loan Modifications ,
Merchant Fees ,
Mortgage Bankers Association ,
Mortgages ,
Multistate Investigations ,
Refinancing ,
Reverse Mortgages ,
Settlement ,
State Attorneys General ,
Student Loans ,
Surcharges
The Editors' Note -
Welcome to the second issue of Decoded, Spilman's e-newsletter focusing on technology law, including data security, privacy standards, financing technologies, and digital-based means of conducting...more
7/27/2020
/ Appeals ,
ATDS ,
Biometric Information ,
Biometric Information Privacy Act ,
Cash Transactions ,
CFTC ,
Class Action ,
Coronavirus/COVID-19 ,
Cryptoassets ,
Data Plumbing ,
Data Security ,
Facial Recognition Technology ,
False Arrest ,
False Evidence ,
FCC ,
FinTech ,
Identity Theft ,
Identity Theft Protection Acts ,
IMDB ,
LinkedIn ,
Personally Identifiable Information ,
Privacy Laws ,
Private Commercial or Financial Information ,
Securities and Exchange Commission (SEC) ,
Securities Tokens ,
Settlement ,
TCPA ,
Unregistered Securities ,
Website Owner Liability
Welcome!
Welcome to the new format of All Consuming . We listened to the feedback. A newsletter filled with long articles gives the detailed information some are looking for but becomes another thing that others have to...more
7/11/2020
/ ATDS ,
Auto-Dialed Calls ,
Banks ,
Barr v American Association of Political Consultants Inc ,
Constitutional Challenges ,
Consumer Complaint System ,
Consumer Financial Protection Bureau (CFPB) ,
Consumer Protection Laws ,
Coronavirus/COVID-19 ,
Credit Cards ,
Debt Collection ,
FCC ,
First Amendment ,
Forbearance Agreements ,
Foreclosure ,
Free Speech ,
Government Debt-Exception ,
Lenders ,
Loan Servicer ,
Military Service Members ,
Mistake ,
Moratorium ,
Mortgage Servicers ,
Prior Express Consent ,
Regulation X ,
Removal At-Will ,
SCOTUS ,
Seila Law LLC v Consumer Financial Protection Bureau ,
Servicemembers’ Civil Relief Act ,
Severability Doctrine ,
Single Director ,
State Legislatures ,
TCPA ,
Text Messages ,
Unfair or Deceptive Trade Practices
The curve has flattened, and all fifty states are at least partially reopened. This raises a number of questions about how your facility should proceed with reopening while continuing to protect not only your residents'...more
As the COVID-19 pandemic continues, many states now are requiring mandatory testing of residents and employees of skilled nursing and assisted living facilities, including West Virginia, South Carolina, and Florida. Other...more
5/15/2020
/ Americans with Disabilities Act (ADA) ,
Assisted Living Facilities (ALFs) ,
Civil Liability ,
Compliance ,
Confidential Information ,
Coronavirus/COVID-19 ,
Electronic Protected Health Information (ePHI) ,
Employee Privacy Rights ,
Employee Training ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Infectious Diseases ,
Mandatory Requirements ,
Patient Privacy Rights ,
Reporting Requirements ,
Risk Assessment ,
Risk Mitigation ,
Skilled Nursing Facility ,
Virus Testing
Nursing home and other long-term care facilities are bearing the brunt of the COVID-19 pandemic because their residents are at the highest risk for contracting the disease. It has been recently reported that 20 percent of all...more
The COVID-19 pandemic has had a disproportionate impact on skilled nursing and assisted living facilities. While the following CMS recommendations and guidelines identify nursing homes as the target recipients, they are...more