Medical Device Legal News with Sam Bernstein: Episode 10
Drafting Consumer Breach Notices — From a Litigation Perspective - Unauthorized Access Podcast
IP|Trend: Dust up After the Breach
Hot Topics Roundtable for Fund Managers - Cybersecurity, Valuation, and More
It’s not immediately obvious why someone would want to disclose a health care test result as part of a job application. But one such request spurred a Pennsylvania entity to provide a lot more than that: it sent her whole...more
The HIPAA Privacy, Security, and Breach Notification Rules apply to healthcare providers who engage in certain electronic transactions, healthcare clearinghouses, and health plans, including employee group health plans with...more
The long-anticipated final rule addressing substance use disorder (SUD) records at 42 C.F.R. Part 2, commonly referred to as Part 2, is here. The final rule is a joint undertaking by the U.S. Department of Health and Human...more
Substance Use Disorder (SUD) programs and HIPAA-regulated entities seeking to streamline their privacy and security practices and workflows received welcome news from the U.S. Department of Health & Human Services (HHS) last...more
At its December meeting, the Federal Communications Commission approved a Report and Order modifying its data protection rules. The order expands the scope of protected data to include personally identifiable information....more
On October 30, 2023, the US Securities and Exchange Commission ("SEC") announced that it filed charges against SolarWinds Corp. ("SolarWinds" or the "Company") and its Chief Information Security Officer ("CISO") in connection...more
On July 20, 2023, the Department of Health and Human Services (DHHS) through the Office of Civil Rights (OCR) and the Federal Trade Commission (FTC) issued a joint letter to hospitals and telehealth providers alerting them to...more
With the first wave of amendments to Québec’s personal information protection legislation (“Law 25”) taking effect on September 22, 2022, we thought we would share the top 5 misconceptions we have encountered when discussing...more
Proposed changes to the federal substance use disorder law will increase provider efficiency and alignment with the Health Insurance Portability and Accountability Act (HIPAA). In a move that seeks to decrease administrative...more
Australia has started to observe a rise in the number of data breach class actions being investigated and filed, although there has not yet been a successful data breach class action there. A range of factors are at play...more
The Health Insurance Portability and Accountability Act ("HIPAA") Privacy Rule attempts to strike a balance between the protection of a patient's privacy and the performance of important law enforcement functions. This...more
California’s data breach notification law is already considered the most stringent in the United States. Based on a new amendment recently signed into law, the law will soon get even tougher....more
On September 22, 2016, Yahoo issued a statement confirming that hackers infiltrated its systems in late 2014 and lifted account data tied to at least 500 million users. In its press release, Yahoo said that a recent...more
On October 8, 2015, California Governor Jerry Brown signed A.B. 964 and S.B. 570 into law, a pair of bills that amended the Golden State’s data breach notification statute (Ca. Civ. Code § 1798.82). The amendments...more
In This Issue: IN THE SPOTLIGHT - - Your Data Breach Collided With My Personal Injury Coverage LIFE INSURANCE - - Phantom Injury Dooms “Shadow Insurance” Case - Latest NAIC Cybersecurity News ...more
As technology developers continue to push the envelope on services and applications affecting the daily lives of consumers, the intersection of technology and privacy is becoming increasingly fraught with legal implications...more
In the largest HIPAA enforcement action to date, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) extracted $4.8 million from two leading New York institutions, New York-Presbyterian Hospital...more
Cybersecurity has become a dominant topic of the day. The Snowden revelations, the mega-data breaches of 2013, the pervasiveness of invisible online “tracking” and the proliferation of “ data broker” trading in personal data...more
Generally speaking, publicly traded homebuilders and other public companies must disclose material information in their SEC filings. “Information is considered material if there is a substantial likelihood that a reasonable...more
In this issue: - California Amends CalOPPA to Require Do-Not-Track Disclosures - California’s Social Media “Eraser” Bill Becomes Law - California Extends Security Breach Notification Requirements to...more
As part of a flurry of new privacy legislation, California Governor Jerry Brown signed two new data privacy bills into law on September 27, 2013: S.B. 46 amending California’s data security breach notification law and A.B....more
California’s AB 370, if signed by Gov. Jerry Brown, would be the first piece of legislation in the world directly addressing “do not track” (“DNT”) to become law. It has passed both houses of the California Legislature and...more