Robinson & Cole LLP

As we embark on the sixth year of the Manufacturing Law Blog, we continue our annual tradition of making predictions.  Last week, Matt provided his thoughts and predictions in the labor/employment arena.  This week, I am providing our outlook for corporate compliance and litigation. Contract Management As we have documented in the Blog for the last several years, there has been a shift in the manufacturing community about how to handle contract management.  There…
The Second Circuit Court of Appeals recently issued an opinion in Frommert v. Conkright, affirming a district court decision regarding appropriate equitable remedies under ERISA and the amount of prejudgment interest to be applied. The Second Circuit’s views on each of these issues should be of interest to plan fiduciaries as well as practitioners. This litigation has a long history, dating back to 1999, and has generated many court opinions along the way, from…
Cybercriminals have launched a new campaign that not only requires the victim to pay a ransom to have their data decrypted, but when the victim is directed to a PayPal account to pay the ransom to get the decryption key to unlock the data, the PayPal account page is fake and when the victim lands on the fake page, the criminals steal their account login credentials. On top of that, when the victim puts the…
The California Consumer Privacy Act of 2018 (CCPA) is here and it’s best to start now to learn what this law is, who it applies to, and what you and your business can do to be prepared. This article is a follow up to our earlier post on the CCPA. Although the Act was passed in 2018 and signed into law by Gov. Jerry Brown on June 28, 2018, the effective date is January 1,…
A federal magistrate judge in California has ruled that law enforcement personnel may not require suspects to unlock their phones with biometric identifiers like a fingerprint, iris scan or facial recognition, saying the practice is unconstitutional. The decision followed the request for a search warrant in an extortion case. The prosecutors asked for an order to search digital devices in a residence and to require any individuals present in the residence to unlock the devices…
Although the Massachusetts Data Security Regulations went into effect March 1, 2010, I still find that many companies have not implemented a Written Information Security Program (WISP) and don’t know that they are required to do so. According to the regulations, any companies or persons who store or use personal information of a Massachusetts resident must develop and implement a WISP that outlines the measures the company is taking to protect the personal information of…
A California federal judge held that a standard comprehensive general liability (CGL) aircraft exclusion barred liability coverage for injuries suffered as a result of drone operations. The injuries occurred when a wedding photographer used a drone to capture images at a wedding reception and the drone hit a guest who sustained serious injuries, including loss of sight in one eye. The court determined that the insurance company could recover the costs incurred by the company…
We previously cautioned that telephone companies sell customer data to third parties, including location data [view related posts here]. Last year, the telecom industry pledged to stop the practice after pressure by members of Congress. Earlier this month, Joseph Cox of Motherboard released I Gave a Bounty Hunter $300. Then He Located Our Phone and outlined how he gave the individual his phone number and the individual (called a bounty hunter) was able to…
According to reports, a Georgia-based physician who previously pleaded guilty to criminal violations of the Health Insurance Portability and Accountability Act (HIPAA) received six months of probation from a Massachusetts federal judge earlier this week. The physician – a pediatric cardiologist – pleaded guilty in February, 2018 to a misdemeanor count of wrongful disclosure of individually identifiable health information in violation of HIPAA, and had faced up to one year of imprisonment. The physician was…
On December 31, 2018, the Centers for Medicare and Medicaid Services (CMS) published a final rule (Final Rule) establishing the “Pathways to Success” program that overhauls the Medicare Shared Savings Program (MSSP). The Final Rule largely mirrors CMS’ proposed rule (see our summary here), but with several modifications in response to public comments. Accountable care organizations (ACOs) may participate in the Pathways to Success program beginning July 1, 2019, and those ACOs interested in…