By any measure, the world has changed vastly since we issued our first Commercial Litigation Outlook in 2020. We are now on our fourth installment of providing insights and flagging trends for what to expect in the coming...more
2/16/2024
/ Arbitration ,
Artificial Intelligence ,
Banks ,
Class Action ,
Commercial Bankruptcy ,
Commercial Court ,
Commercial Litigation ,
Consumer Financial Protection Bureau (CFPB) ,
Copyright ,
Department of Justice (DOJ) ,
Environmental Social & Governance (ESG) ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Intellectual Property Protection ,
Machine Learning ,
Merger Agreements ,
Patents ,
Trademarks
On June 13, 2023, Texas Governor Greg Abbott signed a major new patient safety bill into law that is intended both to reform the disciplinary authority of the Texas Medical Board (TMB) and to better protect patients from...more
6/29/2023
/ Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Hospitals ,
Medical License ,
National Practitioner Data Bank (NPDB) ,
New Legislation ,
New Regulations ,
Patient Safety ,
Peer Review ,
Physicians ,
Regulatory Requirements ,
Texas
Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook, where our nationally recognized team provides insights about litigation issues and trends to expect in 2023. The continuing global...more
In a long-anticipated action, the Centers for Medicare & Medicaid Services (“CMS”) issued earlier today (November 4, 2021) emergency regulations requiring all eligible staff who work at health care facilities that...more
The world continues to struggle with the impacts of the COVID-19 pandemic, and pressures mount on health care organizations to properly share personal health information. While resources abound on how federal rules such as...more
On March 12, 2021, the US Department of Health and Human Services (“HHS”) amended, its Declaration under the Public Readiness and Emergency Preparedness Act (“PREP Act”) for the seventh time. The Seventh Amendment expands the...more
On January 28, 2021, the U.S. Department of Health and Human Services (“HHS”) issued a Fifth Amendment to the Declaration under the Public Readiness and Emergency Preparedness Act (“PREP Act”), which expands the categories of...more
The US Department of Health and Human Services (“HHS”) issued an Advisory Opinion (“21-01”) Friday, reinforcing how the Public Readiness and Emergency Preparedness Act (“PREP Act” or the “Act”) (1) provides complete...more
On December 10, 2020, Crain’s Chicago Business held a virtual Hospital CEO Webinar entitled “Health Care Beyond the Hospital.” The event, which focused on the future of health care delivery in light of COVID-19, was moderated...more
On December 3, 2020, the U.S. Department of Health and Human Services (HHS) issued another groundbreaking amendment to the Declaration under the Public Readiness and Emergency Preparedness Act (PREP Act). ...more
12/8/2020
/ Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Diagnostic Tests ,
Health Care Providers ,
Immunity ,
Infectious Diseases ,
Liability ,
Medical Supplies ,
Personal Protective Equipment ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Telehealth
As mentioned in our earlier report, on November 20, 2020, The Department of Health and Human Services (HHS) Office of Inspector General (OIG) and Centers for Medicare & Medicaid Services (CMS) published two long-awaited final...more
Earlier last Friday, the Centers for Medicare & Medicaid Services (CMS) and the Office of Inspector General (OIG) of U.S. Department of Health and Human Services (HHS) announced their new, long-awaited rule changes to the...more
The U.S. Department of Health and Human Services (HHS) recently issued two new advisory opinions dramatically illuminating the wide scope of the PREP Act and its immunities for organizations using covered countermeasures in...more
Introduction -
A recent decision by a Texas Court of Appeals reaffirms several important principles regarding the medical peer review privilege: (1) communications arguably covered by the peer review privilege need not be...more
9/28/2020
/ Discovery ,
Email ,
Health Care Providers ,
Hospitals ,
In Camera Review ,
Medical Malpractice ,
Motion to Compel ,
Negligence ,
Peer Review ,
Physicians ,
Privileged Communication
To assist in the response of the nation’s health care providers to the COVID-19 pandemic, on August 24, 2020, the Secretary for the U.S. Department of Health and Human Services (HHS) issued a Third Amendment to his March 10,...more
On June 4, 2020, the Secretary for the US Department of Health and Human Services (HHS) issued a Notice of Amendment (Amendment) to his March 10, 2020 Declaration that had applied the federal immunities of the Public...more
On May 19, 2020, the US Department of Health and Human Services (HHS) Office of General Counsel (OGC) issued an advisory opinion (Advisory Opinion) finding that the Public Readiness and Emergency Preparedness Act1(PREP Act)...more
To enhance regulatory flexibility necessary to adequately respond to the COVID-19 pandemic, the US Department of Health and Human Services (HHS) Office of the Inspector General (OIG) recently announced that it is accepting...more
With crisis comes uncertainty, and even the best-intentioned regulations can leave those combating the current COVID-19 public-health emergency out in the cold. Many have asked whether the recent Declaration under the...more
4/15/2020
/ Affordable Care Act ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Eligibility ,
Emergency Response ,
Enrollment ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Hospitals ,
Medicaid ,
Medicaid Expansion ,
Medicare ,
OIG ,
Public Health ,
Regulatory Agencies ,
State and Local Government
A critical aspect of the response to the COVID-19 public-health crisis in the United States is the rapid expansion of testing capabilities across the country. Given that almost all Americans live in close proximity to retail...more
As health care institutions move into the uncharted territory of testing and treating patients in the middle of a worldwide pandemic, they are facing mounting opposing pressures for information transparency and remote...more
The health care industry is racing to adopt cutting-edge technology to provide patients with the best treatment possible at the lowest possible cost. ...more
10/22/2018
/ Breach Notification Rule ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Electronic Medical Records ,
Electronic Protected Health Information (ePHI) ,
Hackers ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
Identity Theft ,
Information Technology ,
Personally Identifiable Information ,
PHI ,
Popular ,
Risk Management
Late last week, the Texas Supreme Court denied a petition for mandamus in which the petitioner sought an order compelling a plaintiff to identify the specific trade secrets it contends were misappropriated, bucking what...more
On May 19, 2017, Texas Governor Greg Abbott signed into law several amendments to the Texas Uniform Trade Secrets Act (“TUTSA”), located in Chapter 134A of the Texas Civil Practice & Remedies Code. The amendments go into...more
The San Antonio Court of Appeals recently held that an applicant for a temporary injunction in a trade-secret-misappropriation case under the Texas Uniform Trade Secrets Act is not required to show the defendant is actually...more