Newsletters

12.02.21

Executive Summary: Tracking Telehealth Changes State-by-State in Response to COVID-19

As the COVID-19 pandemic continues across the United States, states, payers, and providers are looking for ways to expand access to telehealth services.


11.30.21

Post-Facebook v. Duguid Litigation Roundup

A summary of some recent noteworthy district-level decisions applying and interpreting Facebook follows.


11.30.21

California Court Rejects Vicarious Liability Claims

Claims of vicarious liability under the Telephone Consumer Protection Act (TCPA) failed in California federal court after the plaintiff was unable to demonstrate that the defendants had provided the caller with authority to violate the statute.


11.30.21

ATDS Sufficiently Alleged, Illinois Court Says

The use of a “STOP” notification in a text message—as well as a dedicated 1-833 toll-free number and the generic nature of the message—may indicate the use of an automatic telephone dialing system (ATDS), an Illinois federal court recently held.


11.30.21

CEO Evades Personal Liability in TCPA Suit

A New Jersey federal court has refused to hold the CEO of companies also named as defendants in a Telephone Consumer Protection Act (TCPA) lawsuit personally liable.


11.30.21

CMS Innovation Center’s Strategic Plan to Drive Health System Change in the Next Decade

Last month, the Center for Medicare and Medicaid Innovation (the Innovation Center, or CMMI) released its long-anticipated white paper, “Innovation Strategy Center Refresh.”


11.29.21

SNAP’s Role in Improving Health and Lowering Medicaid Costs

The Supplemental Nutrition Assistance Program (SNAP)—the largest food program administrated by the U.S. Department of Agriculture (USDA)—is an effective tool to combat food insecurity and related negative impacts on health.


11.24.21

NAD Finds That Emojis Can Be Claims

In a recent case, the National Advertising Division (NAD) of BBB National Programs discussed the use of emojis in advertising and whether they can constitute claims.


11.23.21

Read Your Contract: Prior Invention Assigned to Employer When Incorporated into Employer’s Software

In Apprio, Inc. v. Zaccari, the U.S. District Court for the District of Columbia held an agreement enforceable where if, in the course of employment, the employee incorporated a prior invention into the employer’s product, the employer would obtain the intellectual property rights in that ...


11.23.21

U.S. Cyber Regulations Expand: Banking Agencies Approve New Incident Notification Requirements

On November 18, the Office of the Comptroller of the Currency, the Federal Reserve and the Federal Deposit Insurance Corporation adopted a rule that will require banking organizations and their bank service providers to give notice of certain computer-security ...