News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Retaliation

Genova Burns LLC

Twist & Shout: Supervisor’s Termination for Shouting Match With Subordinate Upheld Despite Alleged Whistleblowing Activity

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On February 16, 2024, the New Jersey Appellate Division in Ugarte v. Barnabas Health Med. Group, upheld the dismissal of a whistleblowing claim filed by a former supervisor. The Court affirmed the trial court’s decision...more

Miller Canfield

Preparing for Cyberattacks and Limiting Liability

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The U.S. government and military experts have been warning U.S. companies that Russia may launch significant cyberattacks against critical infrastructure, financial institutions and businesses in retaliation for the sanctions...more

Lowenstein Sandler LLP

How Can I Get My Employees To Return To Work During A Pandemic And Not Get Sued?

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As employers begin to require their employees to return to the workplace, they remain concerned about COVID-19-related litigation. Initially, many were concerned about an anticipated increase in lawsuits alleging that unsafe...more

Payne & Fears

Employers Beware: Preparing for the Inevitable Flood of COVID-Related Lawsuits

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As states lift their “stay-at-home” orders, employers who have struggled to survive the economic toll of the COVID-19 crisis now face a new threat: uncertain legal liability in a post-COVID market. As we transition away from...more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 29, Number 18. News Briefs: May 2020

Report on Medicare Compliance 29, no. 18 (May 11, 2020) -  The HHS Office for Civil Rights has posted guidance reminding providers that “the COVID-19 public health emergency does not alter the HIPAA Privacy Rule’s existing...more

Health Care Compliance Association (HCCA)

Report on Patient Privacy Volume 20, Number 5. Privacy Briefs: May 2020

Report on Patient Privacy 20, no 5. (May 2020) -  Ambry Genetics, based in Aliso Viejo, California, has reported a data breach involving nearly 233,000 people. In its statement, the company said it identified “unauthorized...more

Dorsey & Whitney LLP

COVID-19 Retaliation Claims - A 2020 Trend in Employment Litigation?

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Tracking the onslaught of new lawsuits filed in response to the COVID-19 crisis has demonstrated that three primary categories of plaintiffs are bringing these claims against companies... ...more

Health Care Compliance Association (HCCA)

Report on Medicare Compliance Volume 29, Number 5. News Briefs: February 2020 #2

Report on Medicare Compliance 29, no. 5 (February 10, 2020)  - David Laufer, the former chief of the Prosthetics and Orthotics Department at Walter Reed National Military Medical Center in Bethesda, Maryland, was charged...more

Seyfarth Shaw LLP

ARB: No Protected Activity where Employee Inadvertently Informed Employer and Only “Hinted” at Filing Whistleblower Complaint

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Seyfarth Synopsis: The DOL’s ARB rejected an employee’s SOX retaliation claim where he inadvertently provided information to his employer and only “hinted” that he was filing a SOX-protected complaint. The ARB seems unwilling...more

Holland & Knight LLP

Healthcare Law Update: February 2018

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Antitrust - FTC Announces Revised Hart-Scott-Rodino Thresholds for Acquisitions and Exclusive Licenses - The Federal Trade Commission (FTC) has announced this year's revisions to the thresholds under the...more

Proskauer - Whistleblower Defense

ACA Retaliation Claim Survives Despite No Complaint About ACA Provisions

On April 28, 2017, the United States Department of Labor Administrative Review Board (“ARB”) allowed a whistleblower retaliation claim under the Patient Protection and Affordable Care Act (“ACA”) to proceed even though the...more

Balch & Bingham LLP

ACA Retaliation: A Ca$e in Point

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Most EEOC retaliation charges are dismissed if the supporting evidence is flimsy. So why should employers expect ACA retaliation charges to be more costly? Here’s why: Gallas v. The Medical Center of Aurora, DOL...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - June 2016

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Editor's Overview - In this month’s newsletter, our colleagues focus on two sets of legislative updates. First is a discussion of the IRS’s proposed Treasury Regulations prescribing rules under Section 457 of the...more

Miller & Martin PLLC

What's Wellness Got To Do With It?

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The EEOC Issues Two Final Rules Regarding Requirements for Employer Wellness Programs under the ADA and the GINA - The EEOC has issued two final rules that clarify when participation in an employer's wellness program is...more

Manatt, Phelps & Phillips, LLP

Corporate Investigations & White Collar Defense - August 2015

Are the Circuits A-Splitting? The Ninth Circuit Declines to Follow the Second Circuit's Insider Trading Decision in U.S. v. Newman - Why it matters: On July 6, 2015, the Ninth Circuit in U.S. v. Salman declined to...more

Spilman Thomas & Battle, PLLC

SuperVision Today - May 2015

In This Issue: - Notes from the Chair and Executive Editor - The Fourth Circuit Asks What For, Answers with But For: The Determination that a Landmark United States Supreme Court Decision Does Not Change Employment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Employment Law Authority - January/February 2015

In This Issue: - High Tech, High Risk: Protecting Health Plan Data: Recent Cyber Attack Reminds Employers to Take Swift Action - EEOC FY 2014 Statistics Are Here: What Do They Mean for Employers? - State...more

Fisher Phillips

Healthcare Employer Lands in Patient-Privacy Predicament

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Healthcare providers are required by law to maintain the privacy of most patient information, and there are good business reasons for medical practices to protect patients’ personal information. In a recent case, a medical...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Employment Law Authority - July/August 2013

In This Issue: - Supreme Court Issues Two Key Title VII Rulings - Ogletree Deakins Launches New Fall Seminar - Are Your HIPAA Privacy Policies Up To Date - OFCCP Clarifies Damages For Victims Of Bias - The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Employment Law Authority - March/April 2013

In This Issue: - Immigration. Washington takes the first step toward immigration reform. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. Wade Fricke and Matthew Kelley...more

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