In the Illinois Senate, a recently proposed Biometric Information Privacy Act (BIPA) amendment seeks to change how BIPA claims accrue, limiting the amount of damages available in instances where there are multiple violations.The Cothron decision, which held that BIPA claims
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California AG Announces Second Settlement Under the California Consumer Privacy Act
California Attorney General Rob Bonta announced a settlement between the State of California and DoorDash on February 21, 2024, regarding allegations that DoorDash violated the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA) by selling…
California Chamber Seeks State Supreme Court Review of Privacy Act Enforcement
The California Chamber of Commerce filed a petition to the California Supreme Court on February 20, 2024, seeking review of a February 9, 2024 appellate decision that paved the way for the state’s privacy enforcement agency, the California Privacy Protection…
Negotiated Rulemaking
An administrative process used by the Executive Branch and its federal agencies during which a proposed rule is debated and developed by relevant interest groups and agency representatives. Best Thing Since Sliced Bread The concept of a negotiated rulemaking, colloquially known as…
Are Unmatured Lease Obligations Considered Noncontingent Debt for Purposes of Calculating Eligibility to File a Subchapter V Bankruptcy?
Congress passed the Small Business Reorganization Act of 2019 (the “SBRA”) to benefit small businesses. The SBRA established a new framework within Chapter 11 of the Bankruptcy Code, known as subchapter V, which streamlines and simplifies the bankruptcy process for…
Health Care Mergers at Risk: New Guidelines Enhance Agencies’ Powers to Challenge Mergers
On December 18, 2023, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) issued a final version of their Merger Guidelines. Initially proposed in July 2023, after five months of public commentary and feedback…
Class Actions Highlight AI-Assisted Payer Denials
As health care payers increasingly rely on artificial intelligence (“AI”) to speed up patient claim adjudication and prior-authorization determinations, providers should be on the lookout for algorithms designed to deny claims with minimal
human oversight. Two putative class action lawsuits…
Congressional Caucus
A voluntary
membership organization in Congress centering around a particular issue or
cause. For the
First Time in Forever Though they
are not mentioned in the Constitution, caucuses, sometimes referred to as
Congressional Member Organizations (CMOs), have been a part of American…
NY Department of Financial Services Updates Regulations on Cybersecurity
The New York Department of Financial Services (NYDFS) finalized amendments to its cybersecurity regulations on November 1, 2023, marking a significant update in the state’s approach to cyber threats. The process involved multiple stages, starting with a pre-proposal in July…
OIG Update Modernizes Compliance Program Guidance
For the first time in 15 years, the Office of Inspector General (OIG) has issued updated compliance program guidance. The release of this guidance is part of the OIG’s two-step approach to modernize its current compliance program guidance. In April…