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Life’s a Breach, Part II: Omnibus Rule Revises What Constitutes a Breach under the HIPAA/HITECH Breach Notification Requirements
Stacy C. Clark,John R. Hickman,Johann Lee, May 9, 2013
HIPAA’s “Omnibus Rule” (also referred to in this advisory as the “Rule”), published on January 25, 2013, modified many parts of the HIPAA regulations, including those that require notification of breaches of unsecured protected health information (PHI) by covered...

High Court Issues Half-Victory for ERISA Plan Administrators — Reinforcing the Importance of Clear, Unambiguous Plan Terms
Emily Seymour Costin,H. Douglas Hinson,Elizabeth Wilson Vaughan, April 23, 2013
On April 16, 2013, the Supreme Court issued its decision in US Airways v. McCutchen—a decision that can best be described as a half-victory for sponsors and administrators of ERISA-governed plans. In a 5-4 ruling that “has two parts, one favoring US Airways, the other McCutchen,”...

Bankruptcy Update: Repos & Safe Harbor
Jonathan T. Edwards,Karen Gelernt,David A. Wender, March 21, 2013
Few courts have construed the meaning of “repurchase agreement” as used in the Bankruptcy Code, so the recent HomeBanc case out of the United States Bankruptcy Court for the District of Delaware is a must-read for “repo” counterparties. The principal issue in HomeBanc was...

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