Newsletters

06.08.21

Nevada Expands Do-Not-Sell Right to Cover Data Brokers

On June 2, 2021, Nevada Governor Steve Sisolak signed SB260, which expands Nevada consumers’ right to opt out of the sale of personal data to include data brokers in addition to website owners.


06.08.21

COVID-19: California County Directives and Mandates

Most of California’s 58 counties are moving to reopen the majority of their business sectors, consistent with Phase 3 of Governor Newsom’s COVID-19 Resilience Roadmap.


06.01.21

Return on Health: Moving Beyond Dollars and Cents in Realizing the Value of Virtual Care

The COVID-19 pandemic spurred a dramatic increase in virtual care adoption and use.


06.01.21

Post-Barr, Liability Attaches for Debt Collector—but With Damages Limitation—in Delaware

Interpreting the Supreme Court’s ruling in severing the government-backed debt exception from the Telephone Consumer Protection Act (TCPA), a federal court in Delaware held that a debt collector could be liable under the statute for claims that arose prior to the Court’s decision.


06.01.21

West Virginia Federal Court Lets TCPA Suit Move Forward Against Voice Service Providers

Adopting a broad definition of a common carrier, a West Virginia federal court declined to grant a motion to dismiss from several voice service providers in a putative Telephone Consumer Protection Act (TCPA) class action lawsuit.


06.01.21

Business or Residential? Question Defeats Class Certification in Oregon

Uncertainty about whether a plaintiff’s phone number was used for business or residential purposes put an end to his attempt to lead a Telephone Consumer Protection Act (TCPA) class action, according to a federal magistrate judge in Oregon.


05.27.21

Health Care Fraud in the Era of COVID-19

As the race to vaccinate continues, state and federal enforcement agencies are hard at work investigating and prosecuting COVID-19-related health care fraud.


05.26.21

Treasury Issues Rules for $350 Billion Coronavirus State and Local Fiscal Recovery Funds

A key provision of the American Rescue Plan (ARP) is the establishment of the $350 billion Coronavirus State and Local Fiscal Recovery Funds (Fiscal Recovery Funds) for eligible state, local, territorial and Tribal governments (Recipients) to respond to the COVID-19 public health emergency (PHE).


05.25.21

Interpretation of Simple Claim Language “Command Function” Doomed Obviousness Challenge

In Comcast Cable Communications, LLC v. Promptu Systems Corp., the Federal Circuit held that the plain meaning of the claim phrase “command function” was limited to functions that command an action to be taken.


05.24.21

Telehealth: The Wave of the Future for Both Medicine and Enforcement

Even prior to the PHE, the U.S. Department of Justice led several significant telehealth fraud enforcement actions.