Newsletters

07.21.21

Provider Relief Fund Reporting and Updated Guidance

With the Provider Relief Fund reporting portal now open, the Department of Health & Human Services has released additional guidance to providers on the reporting requirements and use of funds through two recent updates.


07.20.21

Functional Claims Have a Higher Bar for Enablement; Broad Genus of Antibodies Fails Requirement

In Amgen Inc. v. Sanofi, the Federal Circuit held that the use of broad functional claim language raises the bar for enablement.


07.20.21

An Update on Discovery in U.S. Litigation of Information Subject to International Privacy Laws

This month, Colorado became the third U.S. state to enact a comprehensive cross-industry privacy law.


07.19.21

Private NY Employers Required To Adopt Prevention Standard Plans by August 5 to Comply With NY HERO

On July 6, the NYSDOL published the Airborne Infectious Disease Exposure Prevention Standard, a model airborne infectious disease exposure prevention plan and various industry-specific model plans for the prevention of airborne infectious disease, as required by the New York Health and ...


07.19.21

Interoperability and Transparency Rules Usher in a New Era of Health Plan Data Obligations

After a six-month delay due to the COVID-19 pandemic, the first provisions of the interoperability rule issued by the Centers for Medicare & Medicaid Services took effect on July 1.


07.15.21

Restoring Women’s Access to Medicaid Family Planning Services

Family planning services are critical to ensuring gender and racial equity and reproductive justice, and include but are not limited to contraception, pregnancy testing and fertility services.


07.14.21

Third, Fifth Circuits Weigh In on Standing—With Different Results

Two different federal appellate panels recently reached diverging conclusions on the question of whether a single phone call or a single text provides a sufficient injury in fact for an individual to establish standing to sue under the Telephone Consumer Protection Act.  


07.14.21

Plaintiff’s Agency Claims Insufficient, Resulting in Dismissal

Granting dismissal of a Telephone Consumer Protection Act suit against a health insurance company, a Tennessee federal court determined that the company was neither directly nor vicariously liable for the calls received by the plaintiff.


07.14.21

Applying Facebook, Court Tosses Suit Over ATDS Allegations

Applying the Supreme Court’s recent decision in Facebook v. Duguid, a North Carolina federal court dismissed a Telephone Consumer Protection Act suit, finding that the plaintiff failed to sufficiently allege the defendant used an automatic telephone dialing system.


07.14.21

Amendments to Florida Statutes Impose More Stringent Requirements for Telemarketing Activity

On June 29, 2021, Florida Governor Ron DeSantis signed CS for SB 1120 into law, which amends and significantly expands Florida’s existing telemarketing laws.