Thought Leadership - Manatt, Phelps & Phillips, LLP

HIPAA Enforcer Updates Guidelines on Online Tracking Amid Calls for Clarity: Key Takeaways

On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its December 2022 guidance for HIPAA-regulated entities regarding the use of online tracking technologies on websites and apps.

The FDA and the Future of AI Oversight

In January 2024, the U.S. Government Accountability Office (GAO) issued a report highlighting current obstacles to the U.S. Food and Drug Administration’s (FDA) timely and effective regulation of artificial intelligence (AI) and machine learning (ML) in medical devices and other emerging health care technologies (GAO...

FTC and HHS Send Letter Warning of Risks From Online Tracking Technologies

On July 20, 2023, the OCR at the HHS and the FTC sent a joint letter to approximately 130 hospital systems and telehealth providers to alert them to the “serious privacy and security risks” stemming from the use of online tracking technologies integrated into their websites and mobile apps.

FCC Proposes Revocation Rules

The Federal Communications Commission (FCC) has published a new Notice of Proposed Rulemaking (NPRM) focused on the issue of revocation, seeking “to clarify and strengthen consumers’ ability to revoke consent to receive both robocalls and robotexts,” as well as “callers’ obligations under the Commission’s rules to honor such requests in a timely manner.”

Regulation of AI Systems is Already Here – Look to Data Protection Laws

As the scramble continues to reckon with the rapid advancement of generative artificial intelligence models like ChatGPT, Bard, DALL-E, and Midjourney, and the promise of other AI and machine learning systems (for simplicity, “AI systems”) to come, legal and business professionals across industries are asking whether these systems will be regulated, and if so, how.

FTC Signals New Era of Enforcement with $1.5 Million Penalty for Unauthorized Sharing of Health Data

The Federal Trade Commission announced yesterday that it has brought its first-ever enforcement action under its Health Breach Notification Rule, against digital health platform GoodRx Holdings, Inc.

NYS Governor Hochul Delivers 2023 State of the State Address

On January 10, 2023, Governor Kathy Hochul delivered her second State of the State address, outlining her policy and fiscal agenda for the upcoming year.

Manatt Advances 19 Legal and Consulting Professionals Across Practices Nationwide

Manatt, Phelps @ Phillips, LLP, a multidisciplinary, integrated professional services firm, announced today the advancement of 19 professionals, effective January 1, 2023@nine attorneys to equity partnership, one consultant to senior managing director, four attorneys to partnership, four consultants to managing directors and one attorney to counsel. These elevations illustrate the power of...

Employer Uncertainty Post-Dobbs

Five months after the Supreme Court’s Dobbs decision, employers across the country are still wrestling with the unknown consequences and risks of doing something or nothing to help their employees located in states where the procedure is illegal access legal abortion care.

Bots Beware: Website Chat Bots Become Latest Target for California Class Actions

California class action lawyers have turned their sights on a new target: websites that employ “chat bots,” digital assistants that allow companies to communicate with customers without employing live website customer service representatives.