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Get Permission In a ruling that could have a profound impact on HIPAA enforcement, a U.S. Court of Appeals has vacated a $4.3 million HIPAA civil monetary penalty levied by federal regulators against the University of Texas MD Anderson Cancer Center in the wake of three breaches involving unencrypted mobile devices. The court called the penalty “arbitrary, capricious and contrary to law.” In its ruling, the 5th Circuit U.S. Court of Appeals in Louisiana was critical of the Department of Health and Human Services Office for Civil Rights’ interpretation of HIPAA requirements and how it...

January 15, 2021 at 1:01 PM Shares11 Yusuf Zakir (photo courtesy of Davis Wright Tremaine) As we know all too well, 2020 was a challenging year — for us as individuals, for the legal profession, and for the nation. But the year was not without its positive developments. In my view, the most significant positive change within Biglaw last year was an increased commitment to diversity, equity, and inclusion (DEI). In fact, I would describe 2020 as the year that Biglaw got serious about diversity. At Lateral Link, in practically every meeting we took with firms to discuss their talent needs, di...

There’s a lot going on in the complaint the conservative microblogging service Parler filed Monday against Amazon Web Services in federal court in Seattle.

Get Permission Under legislation passed by Congress this weekend that awaits President Donald Trump’s signature, HIPAA enforcers, when considering financial penalties for compliance violations, would need to determine whether an organization had implemented “recognized security practices,” such as the National Institute of Standards and Technology’s cybersecurity framework. The legislation, which would modify the HITECH Act, came about after some healthcare organizations and trade associations complained that the Department of Health and Human Services was unfairly penalizing entitie...

Think it can’t happen to you? Guess again. Your company may or may not be registered in Delaware, but chances are it has “business” there — tangentially or otherwise. Consider that more than 1 million business entities claim the First State as their legal home, and more than 66% of the Fortune 500 are based there. 2 3 (See sidebar “What’s the deal with Delaware?”)  This development is particularly notable for non-financial companies because the MOU by its very nature casts a wider net for scrutinizing and identifying potential violators. Historically, financial institutions hav...