Article
Published 04/01/2022
Industries Energy
Services Environmental | Environmental, Social and Governance (ESG)
Alert
Published 04/01/2022
Industries Insurance
Services Employee Benefits and ERISA Litigation | Litigation
This month’s Friday Five covers cases relating to: (1) whether claim administrators can recover overpayments through a breach of contract claim under state law; (2) whether claim administrators can rely solely on a claimant’s medical records for a benefits determination; (3) what evidence supports the standard that claim administrators apply versus their mechanism for conducting an investigation; (4) whether an insufficient independent medical examination serves as grounds for overturning a benefits decision; and (5) how a court will interpret policy language that provides a limitation for...
Alert
Published 03/31/2022
Industries Health Care | HIPAA / Health Information Privacy and Security
On March 28, 2022, the United States Department of Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced the resolution of three investigations and one matter before an Administrative Law Judge related to compliance with the Health Insurance Portability and Accountability Act (“HIPAA”) Privacy Rule. What You Need to Know: Each of these actions involved small health care practices or sole practitioners. Health care providers of every size (not just hospitals and health systems!) and their business associates should see these enforcement actions as a reminder of the...
Alert
Published 03/31/2022
Services Cybersecurity and Privacy
On March 15, 2022, the U.S. District Court for the Northern District of Illinois held in the case of Rogers v. BNSF Railway Company , No. 19-C-3083, 2022 WL 787955 (N.D. Ill. Mar. 15, 2022) (slip copy) that the Federal Railway Safety Act (“FRSA”), the Interstate Commerce Commission Termination Act (“ICCTA”), and the Federal Aviation Administration Authorization Act (“FAAAA”) do not preempt a claim under the Illinois Biometric Information Privacy Act (“BIPA”). The Court also held that for statute of limitations purposes, an individual’s claim accrues anew upon each BIPA violation they are...
Article
Published 03/28/2022
Services Corporate | Securities Transactions and Regulations
Blog Post
Published 03/24/2022
By Lisa M. Koblin
Alert
Published 03/23/2022
Services Corporate | Cybersecurity and Privacy
The SEC voted on March 9, 2022, by a vote of three to one, to propose regulations “to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies” and strengthen investors’ ability to evaluate public companies' cybersecurity practices and incident reporting. What You Need to Know: If adopted, the proposed rules would: Require current reporting about material cybersecurity incidents on Form 8-K; Require periodic disclosures regarding a company’s: policies and procedures to identify and manage cybersecurity risks...
Blog Post
Published 03/18/2022
By Francis X. Riley III
Alert
Published 03/17/2022
Industries Health Care
Services Cybersecurity and Privacy
Remote patient monitoring (“RPM”) refers to the use of digital technologies to monitor and capture medical and other health data from an individual. This data is electronically stored for an individual’s personal use or transmitted to health care providers for assessment. RPM requires a device to digitally record and transmit the recorded physiologic data. The data collected cannot be self-recorded, self-reported, or entered manually by the individual. RPM may also be called telemetry, remote physiologic monitoring, remote monitoring, or remote therapeutic monitoring. What You Need to Know...
Alert
Published 03/14/2022
Industries Higher Education
Recap: How We Got Here Over the past three years there have been seismic shifts in the landscape of college sports, and these authors forecast even more change on the horizon. A look back at NIL developments will help put the current NIL landscape into context. In October 2019 , following an onslaught of proposed NIL legislation by a number of states (and an enacted NIL law in California), the NCAA shocked many by voting unanimously to “immediately consider” updates to its longstanding prohibition on student-athlete compensation for use of their NIL. But the NCAA stopped short of actually...
Article
Published 03/14/2022
Industries Health Care
Services Labor and Employment
Article
Published 03/08/2022
Videos
Published 03/07/2022
Services : Emerging Company and Entrepreneur Services
In this episode of “The Entrepreneur Advisor,” Steven Malitz continues his Top 20 Countdown of the best negotiation tips for businesses, with tips #10 and #11: "Be quiet and listen” and “Know the players.”
Alert
Published 03/04/2022
This month’s Friday Five explores recent decisions tackling a myriad of issues, including: (1) whether reclassification of a claimant’s health status constitutes an adverse benefit determination; (2) whether remand is the proper remedy for a claim denied on coverage grounds; (3) whether a disagreement over the benefits decision may amount to bad faith; (4) whether attorney fees are admissible as a component of consequential damages; and (5) when extrinsic evidence may be admissible. The Saul Ewing Arnstein & Lehr Employee Benefits/ERISA Litigation Team March 4, 2022 | By Amy Kline ,...
Article
Published 03/01/2022
Industries Health Care
Article
Published 02/24/2022
Services Intellectual Property
The metaverse is a virtual world where people can socialize, work, play, and transact. Although the concept of the metaverse continues to evolve, it is generally understood to include any immersive, 3D, virtual experience. Rather than a connected, interoperable universe, the metaverse is comprised of virtual worlds created by various organizations all with particularized access, membership, monetization rights, and formats of creative expression. The metaverse allows users to showcase digital forms of art and property, and non-fungible tokens (NFTs) – records of digital ownership stored in...