The U.S. Supreme Court heard oral arguments in Labcorp v. Davis (No. 24-304), a case that arrived at the Court to resolve a fundamental question: "[w]hether a federal court may certify a class action pursuant to Federal Rule...more
5/12/2025
/ Americans with Disabilities Act (ADA) ,
Appellate Courts ,
Article III ,
Class Action ,
Class Certification ,
Federal Rules of Civil Procedure ,
Oral Argument ,
SCOTUS ,
Split of Authority ,
Standing ,
Statutory Interpretation
Hospitals care about patient privacy, but they also have to connect with the public. In the real world, people mostly connect online. Having a fully functional online presence often requires help from third parties. ...more
11/8/2023
/ American Hospital Association ,
Business Associates ,
Class Action ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Federal Trade Commission (FTC) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitals ,
OCR ,
PHI ,
Third-Party Service Provider ,
Tracking Systems ,
Web Tracking
For years, patients and healthcare companies have been wrestling with privacy issues relating to cookies, pixels and other tracking technologies. The U.S. Department of Health and Human Services' (HHS) Office of Civil Rights...more
12/5/2022
/ Data Breach ,
Data Privacy ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Guidance ,
OCR ,
Personally Identifiable Information ,
PHI ,
Popular ,
Tracking Systems ,
Web Tracking
The Appellate Division of the New York Supreme Court just issued the latest significant ruling in the mass arbitration space, a litigation trend that has been gaining notoriety over the last year and a half....more
4/21/2022
/ American Arbitration Association ,
Arbitration ,
Arbitration Fees ,
Breach of Contract ,
Cal Code of Civil Procedure ,
Class Action ,
Corporate Counsel ,
Independent Contractors ,
Mandatory Arbitration ,
Mandatory Arbitration Clauses ,
NY Supreme Court ,
Terms of Use ,
Uber
For the first time, the U.S. Department of Labor's (DOL) Employee Benefits Security Administration (EBSA) has released cybersecurity guidance aimed at protecting workers' retirement benefits. The guidance, which was released...more
7/1/2021
/ Benefit Plan Sponsors ,
Best Practices ,
CBSA ,
Cybersecurity ,
Department of Labor (DOL) ,
EBSA ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary ,
New Guidance ,
Plan Administrators ,
Plan Participants ,
Popular ,
Retirement Plan ,
Third-Party Service Provider ,
Voluntary Self-Audit
President-Elect Joe Biden and Vice President-Elect Kamala Harris will be inaugurated on Jan. 20, 2021, ushering in a new set of regulatory and legislative priorities during the next four years. Chief among the Biden...more
1/6/2021
/ 5G Network ,
Biden Administration ,
Coronavirus/COVID-19 ,
Cyber Threats ,
Cybersecurity ,
Infrastructure ,
Legislative Agendas ,
NDAA ,
New Legislation ,
NHTSA ,
Popular ,
Public Private Partnerships (P3s) ,
Regulatory Oversight ,
Transportation Industry
The California Consumer Privacy Act (CCPA or Act) went into effect on Jan. 1, 2020. A first-of-its-kind law in the United States, the CCPA grants California residents expansive rights over businesses' collection, use and...more
7/24/2020
/ Breach of Contract ,
California Consumer Privacy Act (CCPA) ,
Class Action ,
CLRA ,
Consumer Privacy Rights ,
Data Breach ,
Enforcement Authority ,
Negligence ,
Notice Requirements ,
Regulatory Violations ,
State Attorneys General ,
Unfair Competition Law (UCL)
As a result of both mandatory government restrictions and voluntary safety measures to combat the spread of coronavirus (COVID-19), many companies have transitioned all or part of their workforce to a remote working...more
The California Attorney General Xavier Becerra on Oct. 10, 2019, released the proposed text for the California Consumer Privacy Act Regulations (Regulations). The Regulations are intended to guide businesses on CCPA...more
10/31/2019
/ Amended Legislation ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Customer-Loyalty Programs ,
Data-Sharing ,
Duty to Delete ,
Governor Newsom ,
Notice Requirements ,
Opt-Outs ,
Public Comment ,
Public Hearing ,
Right to Delete ,
Security and Privacy Controls ,
State Attorneys General ,
State Data Privacy Laws ,
Subject Access Request (SAR)
Five bills to amend California's landmark privacy legislation, the California Consumer Privacy Act (CCPA), have passed the California State Legislature and now head to Gov. Gavin Newsom's desk. (See Holland & Knight's...more
10/8/2019
/ Amended Legislation ,
Authentication ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Customer-Loyalty Programs ,
Data Breach ,
Data Deletion ,
E-Commerce ,
Exemptions ,
Fair Credit Reporting Act (FCRA) ,
Hospitality Industry ,
Personal Information