News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Corporate Counsel

Husch Blackwell LLP

Employers Continue to Face ERISA Tobacco Surcharge Lawsuits, With Mixed Results

Husch Blackwell LLP on

Recently, companies have seen a spate of class action lawsuits challenging the legality of tobacco cessation wellness programs and related tobacco surcharges imposed by their employer-sponsored health benefit plans....more

Jackson Lewis P.C.

States Move Forward with Privacy Protections to Close HIPAA Gaps for Health, Reproductive Health Info

Jackson Lewis P.C. on

When it comes to safeguarding health data, the Health Insurance Portability and Accountability Act (HIPAA) is paramount. HIPAA’s extensive reach encompasses nearly all healthcare providers and all health plans, affecting just...more

Cooley LLP

Montana on the Brain: A Bold Step for Neural Privacy

Cooley LLP on

Montana has now become the third state in the US, following Colorado and California, to enact a privacy law that specifically protects neural data – that is, data collected from activity of the central or peripheral nervous...more

Mintz - Privacy & Cybersecurity Viewpoints

Latest Installment of our Mintz Matrix!

Please visit here to visit our Mintz Matrix page with the latest edition of the Mintz Matrix, which is a 50-state resource we have maintained since 2009 to break down and summarize requirements of U.S. state data breach...more

Faegre Drinker Biddle & Reath LLP

Artificial Intelligence Briefing: Trump 2.0 Executive Orders Revoke, Overhaul Biden Administration’s Approach

The AI landscape saw developments coming in at a breakneck pace throughout January 2025. We’re diving into the latest executive orders from the new White House administration, proposed HIPAA security rule revisions addressing...more

Mitchell, Williams, Selig, Gates & Woodyard,...

2024 Privacy Legislative Roundup

2024 was a banner year for state privacy legislation. This year saw seven new states pass comprehensive consumer privacy laws, joining the ranks of 12 other states that have previously passed similar laws. While other state...more

Wiley Rein LLP

Texas AG Brings SCOPE Act Enforcement Action Against TikTok – Just One Month After Law Took Effect

Wiley Rein LLP on

The Texas Attorney General’s (AG) office announced its first enforcement action under a new children’s and teens’ state privacy law that went into effect a mere month ago. Texas’ Securing Children Online Through Parental...more

BCLP

Federal Court Rejects Motion to Dismiss Wiretap Claims Using HIPAA to Support Crime-Tort Exception Allegations

BCLP on

It has now become commonplace for Plaintiffs’ attorneys to bring claims alleging that routine marketing techniques, including the deployment of behavioral advertising cookies and pixels, constitute wiretaps in violation of...more

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

Federal Trade Commission Hashes Out Aggressive Interpretation of Data Anonymization: What You Need to Know

The Federal Trade Commission (FTC) has a long-standing habit of creating legal obligations through blog posts. Recent communications from the FTC by way of its Office of Technology Blog evidence an aggressive expectation...more

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

Greenbaum, Rowe, Smith & Davis LLP

HIPAA Privacy Rule to Support Reproductive Healthcare Privacy is Now Effective

On June 25, 2024, the Final Rule issued by the Office of Civil Rights (OCR) that amended the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA) became effective as a means of further protecting...more

Quarles & Brady LLP

HHS Tracking Technology Guidance Vacated by Federal Court

Quarles & Brady LLP on

On Thursday, June 20, 2024, a U.S. District Court Judge ruled that the U.S. Department of Health and Human Services, Office for Civil Rights (“HHS”) overstepped its authority to act when issuing its December 2022 bulletin...more

Husch Blackwell LLP

Rhode Island Legislature Passes Consumer Data Privacy Act

Husch Blackwell LLP on

Keypoint: While the act does not include many provisions found in the more recent consumer data privacy laws, it would expand privacy notice obligations in one significant way although the applicability and scope of that...more

Husch Blackwell LLP

Proposed State Privacy Law Update: April 29, 2024

Husch Blackwell LLP on

Keypoint: Last week, the Colorado legislature passed a bill amending the Colorado Privacy Act to add provisions regarding biometric data and the California legislature advanced numerous bills....more

Wyrick Robbins Yates & Ponton LLP

Sense and Sensitivity: Latest FTC Enforcement Actions Continue Focus on Sensitive Health Data

We’ve talked before about the FTC’s focus on consumer health privacy. In cases against BetterHelp and GoodRx, a blog post announcing rules it intends to enforce in the space, and a report summarizing its recent privacy and...more

Husch Blackwell LLP

Proposed State Privacy Law Update: March 25, 2024

Husch Blackwell LLP on

Keypoint: Last week, consumer data privacy bills passed out of the Vermont and Pennsylvania Houses, an Age-Appropriate Design Code Act variant bill passed out of the Vermont Senate, and bills advanced in Colorado, Maryland,...more

Husch Blackwell LLP

Proposed State Privacy Law Update: March 18, 2024

Husch Blackwell LLP on

Keypoint: It was a very busy week with Kentucky on the cusp of passing a consumer data privacy bill, Maryland advancing consumer and children’s bills, and movement on bills in Minnesota, Vermont, Georgia, Maine, and New York....more

Jackson Lewis P.C.

New Hampshire Passes Comprehensive Consumer Data Privacy Law

Jackson Lewis P.C. on

On March 6, 2024, New Hampshire’s Governor signed Senate Bill 255, which establishes a consumer data privacy law for the state. The Granite State joins the myriad of state consumer data privacy laws. It is the second state in...more

Husch Blackwell LLP

Proposed State Privacy Law Update: February 5, 2024

Husch Blackwell LLP on

Keypoint: It was a busy week for committee hearings as the 2024 session picked up speed heading into February. Below is the second weekly update on the status of proposed state privacy legislation in 2024....more

Paul Hastings LLP

Preparing for New State Privacy Laws in 2024

Paul Hastings LLP on

As we enter into the final few months of the year, it is important for companies operating in the United States to not only assess the implementation of the compliance requirements for the four new comprehensive state privacy...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

BCLP

Genetic Privacy: The Next Target in Class Action Litigation for Illinois Employers

BCLP on

Illinois employers are likely still reeling from the thousands of biometric privacy class action lawsuits that have flooded court dockets over the last 5 years. Another wave is coming—this time, under the Illinois Genetic...more

Davis Wright Tremaine LLP

Delaware's New Personal Data Privacy Act

The Delaware Personal Data Privacy Act (DPDPA or Act) became law on September 11, 2023, making Delaware the 13th state to enact a comprehensive consumer data privacy law, joining California, Virginia, Colorado, Connecticut,...more

Snell & Wilmer

Another HIPAA Special Enrollment Deadline Extension – What’s a Group Health Plan to Do?

Snell & Wilmer on

Just when you thought the confusing COVID-19 ERISA deadline extensions were behind you, the Biden-Harris Administration asks you to reconsider. ...more

Freiberger Haber LLP

Case of First Impression in the Appellate Division: Data Breach By Itself is Not An “Injury-in-Fact”

Freiberger Haber LLP on

The law can be funny. Not in a comedic way, but in a way that defies expectations about what is needed to bring a cause of action. Sometimes this is manifested in the quantum of evidence needed to bring an action and survive...more

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