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Record fine for fire safety breaches; the shape of things to come?
Shoosmiths LLP, January 2022

Private healthcare provider Bupa has been ordered to pay a purported record £1.04 million penalty (fine and costs combined) after admitting fire safety failings. London Fire Brigade, prosecuting, said it was the "highest ever fine for fire safety breaches in the UK, [highlighting] the seriousness of Bupa's failure to protect a vulnerable resident in its care...

Latest Federal Court Cases, 1/10/22
Schwabe, Williamson & Wyatt, January 2022

Novartis Pharmaceuticals Corporation v. Accord Healthcare, Inc., Appeal No. 2021-1070 (Fed. Cir. Jan. 3, 2022) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s bench trial finding that claims of a pharmaceutical patent were supported by adequate written description under 35 U.S.C. § 112(a)...

Esther’s Law Allows Surveillance in Ohio Nursing Homes
Dinsmore & Shohl LLP, January 2022

On Dec. 22, 2021, Ohio Governor Mike DeWine signed “Esther’s Law,” allowing long-term care residents to install and use video cameras and recording devices in their rooms. The law is named for Esther “Mitzi” Piskor, who was a victim of elder abuse at a nursing home in Cleveland. Esther’s Law is intended to combat elder abuse and neglect and will likely lead to increased enforcement actions against Ohio nursing homes and long-term care facilities...

Preventive Compliance Plans in Consumer Law Matters: A Tool to be Considered in Data Protection Issues
Carey, January 2022

The possibility of having, in the short term, a new statute on personal data protection, which updates the current regulation of Law No. 19,628 on the protection of private life, is rather unlikely. Bulletin 11144-07, which modifies said Law, remains at the initial legislative stage in the Chamber of Origin, therefore it is not feasible to foresee the approval of this bill in the medium term. On the other hand, the recent publication of Law No...

Eligible Uses of CARES Act Funds for Compliance and Management Expenses in 2022
Schwabe, Williamson & Wyatt, January 2022

Although the deadline for “incurring” CARES Act funds has passed, Alaska Native Corporations can still use CARES Act funds to pay for administrative and compliance related expenditures in 2022, including staff time spent administrating programs and CARES Act expenses incurred by December 31, 2022. According to U.S...

With a Heavy Heart, We Announce the Passing of Our Dear Friend, Al AuYeung
Schwabe, Williamson & Wyatt, January 2022

Although the deadline for “incurring” CARES Act funds has passed, Alaska Native Corporations can still use CARES Act funds to pay for administrative and compliance related expenditures in 2022, including staff time spent administrating programs and CARES Act expenses incurred by December 31, 2022. According to U.S...

Health Care Workers with Substance Use Disorder Histories Can Now Seek Ohio Licensure Without Discipline
Dinsmore & Shohl LLP, December 2021

With yet another recent uptick in COVID-19 cases, the need for additional health care practitioners in the state of Ohio continues to grow. Recognizing that this shortage will not be resolved in the near future, the Ohio General Assembly has eliminated another barrier for physicians with a prior history involving a substance use disorder to seek licensure in Ohio...

Year in review 2021: Data Protection (GDPR)
Simonsen Vogt Wiig AS, December 2021

Record number of fines in 2021 At European level, a record number of fines have been issued during 2021 for violating the EU General Data Protection Regulation (GDPR). Since the GDPR entered into force in the EU on 25 May 2018, the supervisory authorities have imposed or notified fines in approx. 900 cases with an accumulated amount of approx. EUR 1.3 billion. As many as 500 of these cases are from 2021 with accumulated fines of as much as EUR 1...

Year in review 2021: Technology, Media and Telecom
Simonsen Vogt Wiig AS, December 2021

Trends IT contracts An increasing number of clients have requested aid in purchasing either cloud service technology or offering cloud services to the market. We have seen a significant shift from on-premise solutions (i.e. local servers on customer premises) to public cloud and multi-tenant cloud solutions. Initially, customers pushed suppliers to offer cloud solutions. Now we see the opposite: suppliers pushing customers (who are not always ready for this) into the cloud...

The Impact of New York's Profit Caps on Nursing Home Development
Bradley Arant Boult Cummings LLP, December 2021

As we get ready to turn the page to 2022, one hesitates to continue to discuss the COVID-19 pandemic. However, the fallout continues, with fresh ramifications for the long-term care industry. The industry continues to receive heightened scrutiny following the pandemic, and New York's legislative answer to the concerns are set to hit nursing home businesses in New York as of Jan. 1, 2022, with a cap on allowable profits. The impact on capital outlays and acquisitions remains to be seen...

Leveraging Fintechs and Big Data in a Fair Lending Focused 2022
Bradley Arant Boult Cummings LLP, December 2021

[!<CDATA[ Over the past decade, financial technology companies (fintechs) have been on the rise, disrupting all segments of the financial industry. Their innovative technology, swift adaptation to market trends, and ability to create personalized and efficient customer experiences enabled them to reshape the way we look at, use, and provide financial services...

CMS Plans to Regulate Pharmacy Benefit Manager DIR Fees
Dinsmore & Shohl LLP, December 2021

On Dec. 14, 2021, the Centers for Medicare and Medicaid Services (CMS) unexpectedly issued a letter to U.S. Senator Ron Widen (D-OR)[1] indicating that CMS plans to use its “administrative authority to issue proposed rulemaking” addressing price concessions and direct and indirect remuneration (DIR) fees that pharmacy benefit managers (PBMs) have increasingly charged to specialty and retail pharmacy providers in Medicare and other pharmacy benefit programs in recent years...

Ohio Permanently Expands Use of Telehealth Services
Dinsmore & Shohl LLP, December 2021

Prior to the onset of the COVID-19 pandemic, the use of telehealth across Ohio and the United States was steadily increasing. However, out of necessity over the last two years, telehealth has expanded exponentially in order to reduce risks of COVID-19 transmission to practitioners and patients alike. Nearly overnight, the health care community was forced to change the way services were accessed, delivered, and received...

Regulation of Law on Digital Transformation of the Administration is published
Carey, December 2021

On December 11, 2021, the Regulation of Law No. 21,180 on Digital Transformation of the State (the "Regulation") was published in the Chilean Official Gazette, which introduces important amendments to Law No. 19,880 on Administrative Procedures...

Facebook pivots from facial recognition system following biometric privacy suit; more biometric privacy litigation on the horizon, Westlaw Today
Hunton Andrews Kurth LLP, December 2021

table border="0" width="780" cellspacing="2" cellpadding="0" tbody tr td https://today.westlaw.com/Document/I37fc32ff634911ec9f24ec7b211d8087/View/FullText.html?transitionType=Default&contextData=(sc...

OIG Report Highlights Focus on Fraud with Genetic Tests
Dinsmore & Shohl LLP, December 2021

On Dec. 21, 2021, the Office of Inspector General (OIG) released a Health & Human Services (HHS) OIG Data Brief on genetic tests provided under Medicare Part B. The goal of the OIG in reviewing this data was “to analyze nationwide trends in genetic tests provided and payments made under Medicare Part B.”[1] As a result of this analysis, the OIG determined that there is a significant risk of overuse and misuse of genetic testing...

Sharing of negative user reviews online must be tolerated
Simonsen Vogt Wiig AS, December 2021

The core question of the doctor list case was whether online sharing of user reviews of health professionals on the Norwegian website «Legelisten.no» was necessary to ensure the freedom of expression and the public’s need for information. Furthermore, the Supreme Court had to decide whether those interests outweighed the privacy interests of the persons being reviewed...

Reliance on Multiple Cloud Infrastructure Services will become More Popular Next Year Due to Recent High-Profile Cloud Computing Failures
Spilman Thomas & Battle, PLLC, December 2021

Businesses are increasingly relying upon the cloud computing infrastructure for hosting their websites, storing their data, and deploying artificial intelligence. Using a cloud computing service saves businesses the costs associated with purchasing and maintaining their own IT infrastructure, allowing them instead to purchase the services and storage that they need...

Reliance on Multiple Cloud Infrastructure Services will become More Popular Next Year Due to Recent High-Profile Cloud Computing Failures
Spilman Thomas & Battle, PLLC, December 2021

Businesses are increasingly relying upon the cloud computing infrastructure for hosting their websites, storing their data, and deploying artificial intelligence. Using a cloud computing service saves businesses the costs associated with purchasing and maintaining their own IT infrastructure, allowing them instead to purchase the services and storage that they need...

Reliance on Multiple Cloud Infrastructure Services will become More Popular Next Year Due to Recent High-Profile Cloud Computing Failures
Spilman Thomas & Battle, PLLC, December 2021

Businesses are increasingly relying upon the cloud computing infrastructure for hosting their websites, storing their data, and deploying artificial intelligence. Using a cloud computing service saves businesses the costs associated with purchasing and maintaining their own IT infrastructure, allowing them instead to purchase the services and storage that they need...

Reliance on Multiple Cloud Infrastructure Services will become More Popular Next Year Due to Recent High-Profile Cloud Computing Failures
Spilman Thomas & Battle, PLLC, December 2021

Businesses are increasingly relying upon the cloud computing infrastructure for hosting their websites, storing their data, and deploying artificial intelligence. Using a cloud computing service saves businesses the costs associated with purchasing and maintaining their own IT infrastructure, allowing them instead to purchase the services and storage that they need...

Reliance on Multiple Cloud Infrastructure Services will become More Popular Next Year Due to Recent High-Profile Cloud Computing Failures
Spilman Thomas & Battle, PLLC, December 2021

Businesses are increasingly relying upon the cloud computing infrastructure for hosting their websites, storing their data, and deploying artificial intelligence. Using a cloud computing service saves businesses the costs associated with purchasing and maintaining their own IT infrastructure, allowing them instead to purchase the services and storage that they need...

Reliance on Multiple Cloud Infrastructure Services will become More Popular Next Year Due to Recent High-Profile Cloud Computing Failures
Spilman Thomas & Battle, PLLC, December 2021

Businesses are increasingly relying upon the cloud computing infrastructure for hosting their websites, storing their data, and deploying artificial intelligence. Using a cloud computing service saves businesses the costs associated with purchasing and maintaining their own IT infrastructure, allowing them instead to purchase the services and storage that they need...

Latest Federal Court Cases, 12/13/21
Schwabe, Williamson & Wyatt, December 2021

AstraZeneca AB v. Mylan Pharmaceuticals Inc., Appeal No. 2021-1729 (Fed. Cir. Dec. 8, 2021) Our Case of the Week again focuses on numerical values in claims. Last week we addressed a case involving whether there was written description support for a number in a claim, and we addressed a similar issue the week before. This week, our case focuses on the meaning and scope of a number in a claim...

Simonsen Vogt Wiig has been ranked #1 within FinTech in Norway for the third time in a row
Simonsen Vogt Wiig AS, December 2021

In the guide, Chambers notes: «It’s the leading tech law firm and has now become the leading FinTech law firm,» says an interviewee, who adds: «It’s the only law firm to enhance their FinTech offering consistently.» Our partners Espen Tøndel and Morten Winther defend their individual Band 1 rankings...

 

 

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