Washington D.C. Amends Data Breach Notification Statute
Written by: Charles R. Langhorne IV, Esq. Washington D.C. amended its data breach notification statute at the end of March. The new law is set to take effect by June 13, 2020. This is the first update to the law since it was passed in 2007. Pers
COVID-19 And Workers’ Compensation Liability Policy Coverage
Written by: Rayford Taylor, Esq. It has been suggested that if an employee cannot obtain workers’ compensation benefits because of COVID-19, that employee might sue the employer under the employer’s liability portion of a workers
HHS Reduces Enforcement of HIPAA Violations for COVID-19 Community Based Testing Sites
Written by: Brett Lawrence, Esq. On April 14, 2020, The Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) announced it will exercise further enforcement discretion in easing back penalties f
CMS PROVIDES GUIDANCE ON REOPENING NURSING HOMES
Written by: Drew Graham, Esq. Most nursing homes have been functioning at the highest level of vigilance for several weeks, restricting visitation, entry of non-essential healthcare personnel, and residents’ group activities. On May 18, 2020,
USPTO Offers Free Fast Track for Small Businesses on COVID-19 Applications
Written by: Karl Braun, Esq., Justin Kerenyi, Esq., Daniel Miller, Esq., and Rodney Miller, Esq. The United States Patent and Trademark Office is giving small businesses and micro entities priority examination without the usual fees in an ef
COVID-19 Pandemic Brings Force Majeure Clause To The Center Of Contract Negotiations
Written by: H. Buckley Cole, Esq. Force majeure clauses have been commonly found in contracts, often buried with numerous “Miscellaneous Provisions” at the back of the contract. They were rarely negotiated or litigated over. Bu
Florida Long Term Care and COVID-19 Update
Written by: J. Drew Piersa, Esq. As of May 10, 2020, 703 residents or staff members of long-term care facilities have died from coronavirus related illnesses; accounting for 41% of Florida’s COVID-19 deaths. Florida health department officials
European Data Protection Board Calls Out Adtech Industry Over Cookie Consent Practices
Written by: Charles R. Langhorne, IV, Esq. As we continue to wait for the ePrivacy Regulation, the European Union is being left to govern cookie consent procedures on their own. Some individual member states are taking it upon themselves to iss
CCPA 2.0 May Be On the November Ballot
Written by: Charles R. Langhorne, IV, Esq. The California Consumer Privacy Act (“CCPA”) is not set to be enforced until at least July, but just last week the group that spearheaded the CCPA ballot initiative in 2018 has submitted 900
European Data Protection Board Issues Guidelines On The Use of Location Data and Contact Tracing Tools In the Context of COVID-19
Written by: Richard Sheinis, Esq. Unlike the United States, where Senators are first introducing legislation to deal with the use of personal information in the context of COVID-19, the European Data Protection Board (“EDPB”) relies