In a highly anticipated ruling, on June 3, 2021, the U.S. Supreme Court narrowed the scope of the Computer Fraud and Abuse Act’s (“CFAA”) application in Van Buren v. United States. The CFAA prohibits computer hacking and...more
Most Arizonans are familiar with Proposition 207 (the “Smart and Safe Arizona Act”), passed in 2021, because it legalized adult use of marijuana. However, another important, but less publicized provision of Prop 207 was a new...more
Due to COVID-19, there have been a significant amount of economic incentive programs and government contract opportunities to assist in stimulus and responding to the crisis. This is in addition to the typical government...more
In an increasingly connected global economy, foreign countries or companies may find themselves seeking foreign-country money judgments in unexpected places, such as Arizona. To address this situation, the Arizona Legislature...more
On January 19, 2021, the Department of Defense (DoD), the General Services Administration, and the National Aeronautics and Space Administration issued a final rule amending the Federal Acquisition Regulation (FAR) concerning...more
On January 14, 2021, the U.S. Department of Commerce issued an interim final rule to address national security, economic security, and public health and safety concerns related to Information and Communications Technology and...more
1/20/2021
/ CFIUS ,
China ,
Cuba ,
Executive Orders ,
Export Controls ,
Foreign Adversaries ,
Infrastructure ,
Interim Final Rules (IFR) ,
Iran Sanctions ,
National Security ,
Russia ,
US Trade Policies ,
Venezuela
On October 1, 2020, the U.S. Treasury’s Office of Foreign Assets Control (OFAC) issued an advisory regarding the potential sanctions risk for entities that facilitate ransomware payments. OFAC defined “ransomware” as:
A form...more
11/19/2020
/ Coronavirus/COVID-19 ,
Cybersecurity ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
International Emergency Economic Powers Act (IEEPA) ,
New Guidance ,
Office of Foreign Assets Control (OFAC) ,
Personal Information ,
Popular ,
Ransomware ,
State Attorneys General ,
Trading with the Enemy Act
On November 12, 2020, President Donald Trump signed an executive order prohibiting “United States persons” from engaging in “transactions” in securities of “Chinese Communist military companies.” The order marks another...more
The U.S. Department of Justice (“DOJ”), the Federal Trade Commission (“FTC”) and various other federal, state and local government agencies have focused enforcement efforts on the COVID-19 pandemic and are aggressively...more
In light of the increasing demand for physicians essential to combat the ongoing COVID-19 pandemic, Centers for Medicare & Medicaid Services (CMS) has temporarily waived Medicare and Medicaid requirements that physicians be...more
On March 27, the largest stimulus package in American history, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), was signed into law by President Trump, which will ultimately inject $2.2 trillion into the...more
4/16/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Data Collection ,
Health Care Providers ,
Healthcare ,
Pay Discrimination ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
SBA ,
SBA Lending Programs ,
Small Business ,
Small Business Loans ,
Wage and Hour
Experts have repeatedly emphasized the importance of increased testing for COVID-19 in an effort to maintain some control over this pandemic. With this goal in mind, on April 8, 2020, the Office of the Assistant Secretary for...more
On March 30, Centers for Medicare and Medicaid Services ("CMS") updated its guidance previously issued on March 9 regarding a hospital’s ongoing obligations under Emergency Medical Treatment and Labor Act ("EMTALA") amidst...more
4/10/2020
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Rooms ,
EMTALA ,
Health Care Providers ,
Healthcare Workers ,
Hospitals ,
Infectious Diseases ,
Personal Protective Equipment ,
Public Health ,
Risk Mitigation ,
Screening Procedures
The extent of the impact of the COVID-19 pandemic on the Government’s ability to consistently and aggressively regulate, enforce and prosecute violations of the law during this crisis remains to be seen. Thus far, the...more
3/24/2020
/ Anti-Competitive ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Crisis Management ,
Cyber Crimes ,
Department of Justice (DOJ) ,
False Claims Act (FCA) ,
Federal Trade Commission (FTC) ,
Government Investigations ,
Law Enforcement ,
Scams
On March 9, the Centers for Medicare & Medicaid Services (“CMS”) issued guidance to the hospitals on their obligations under the Emergency Medical Treatment and Labor Act (“EMTALA”) as they relate to the COVID-19 crisis....more
On March 9, 2020, the Supreme Court of Arizona issued its ruling in Ansley, et al. v. Banner Health Network, et al., 2020 WL 1126300 (2020), finding that hospitals may not utilize Arizona Revised Statutes § § 33-931(A) and...more