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|Idaho University to Pay $400,000 for HIPAA Violations: Lessons Learned and Resources to Avoid Penalties|
Kim Stanger; Holland Hart LLP;
May 24, 2013, previously published on May 22, 2013This week, Idaho State University agreed to pay $400,000 to settle HIPAA Security Rule violations that allegedly left the electronic health information of 17,500 patients accessible for at least 10 months. According to the Office of Civil Rights ("OCR"):
|Incentive Awards Corrupted Class Action Settlement By Undermining Adequacy Of Class Representatives And Counsel|
Kronick Moskovitz Tiedemann Girard A Law Corporation;
May 24, 2013, previously published on May 22, 2013The United States Court of Appeals for the Ninth Circuit recently considered “the issue of whether class representatives and class counsel are adequate where the settlement agreement conditions payment of incentive awards on the class representatives’ support for the settlement.”...
|Medical Malpractice Settlements Not Increasing Health Costs: Study|
Shapiro Lewis Appleton Favaloro;
May 24, 2013Attempts to drive down health care costs in the US have often focused on attempts to reform the medical malpractice system. Some researchers have alleged that large, highly publicized settlements are a big drain on health care resources. However, a new study on malpractice claims by researchers at...
|To What Extent are Insurers Required to Cover Premises where Criminal Activities are Conducted?|
Jonathan Lacoste-Jobin, Bernard Larocque; Lavery, de Billy, L.L.P.;
May 24, 2013, previously published on May 2013In a recent decision by the Court of Appeal of Québec, the Honourable Jacques Chamberland, J.C.A. reviewed the application of exclusion clauses contained in a home insurance policy in the context of criminal activities.
|The Second Opinion: Can You Get Your Money Back? The B.C. Court of Appeal Addresses The Forfeiture of Deposits (Again)|
Hovsep Afarian; McCarthy Tétrault LLP;
May 24, 2013, previously published on May 22, 2013Can a party who has failed to consummate a transaction get back a “deposit”? The British Columbia Court of Appeal considered this issue once again in the recent case of Amiri v. One West Holdings Ltd., 2013 BCCA 155.
|CLS Bank: Is This the "Death of Hundreds of Thousands of Patents"?|
John V. Biernacki, Gregory A. Castanias, David M. Maiorana, Douglas S. Weinstein; Jones Day;
May 24, 2013, previously published on May 2013Many software and internet companies have secured patents on their technology to protect their investments. For some companies, such as startups, their software or business method patents may be their only valuable assets. However, in recent years, an unexpected thorn in the side of such patents...
|USPTO Launches New After Final Consideration Pilot Program to Reduce Requests for Continued Examination (RCEs)|
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
May 24, 2013, previously published on May 20, 2013In a Federal Register Notice published on May 17, 2013, the USPTO announced After Final Consideration Pilot Program 2.0 (AFCP 2.0) as part of its ongoing efforts to “reduce pendency by reducing the number of Requests for Continued Examination (RCE) and encouraging increased collaboration...
|Proposed Changes to Canada’s Foreign Investment Rules Create More Uncertainty For State-Owned Investors|
Imran Ahmad, Chris Hersh; Cassels Brock & Blackwell LLP;
May 24, 2013, previously published on May 21, 2013The Canadian Government recently tabled Bill C-60 which proposes important changes to the Investment Canada Act (the “ICA”) that will increase uncertainty for state-owned investors and companies with significant relationships with state-owned investors.
|Rule Development Underway on Florida's Fire Prevention Code|
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
May 24, 2013, previously published on May 21, 2013Public written comments and proposals are being sought by the Florida Department of Financial Services' Division of State Fire Marshal to develop the 2013 edition of the Florida Fire Prevention Code, with a focus on Florida-specific amendments to the 2013 editions of NFPA 1 (2012 edition) and NFPA...
|DOT OIG Report: Weak and Splintered Management of DBE Program Leaves It “Exposed to Billions of Dollars in Fraud, Waste and Abuse”|
Jack S. Gearan, Benjamin B. Tymann; Greenberg Traurig, LLP;
May 24, 2013, previously published on May 21, 2013The Office of the Inspector General (OIG) of the U.S. Department of Transportation (DOT) has issued a stinging report that is highly critical of DOT’s management of the multibillion-dollar Disadvantaged Business Enterprise (DBE) program. This report, the culmination of an 18-month OIG inquiry...