INSIDE COMPLIANCE

How Federal Data Privacy Regulation Could Help Curb the COVID-19 Pandemic

November 20, 2020Lydia BayleyHIPAA & Health Information1 Comment

It cannot be denied that the COVID-19 pandemic has led to many novel legal and regulatory issues. One topic of major concern both domestically and abroad is how to manage the massive amounts of consumer data being collected in the attempt to quell the spread of the virus. This issue is especially complicated to address in the United States, where a convoluted patchwork of state and federal laws interact to create a relentlessly fragmented data regulation system. Now, as state and local governments, along with tech giants like Apple and Google, continue to roll out contact tracing applications, the need for comprehensive data privacy regulation is more pressing than ever.

Consumer Data Protection Actcontact tracingCOVID-19datadata collectiondata privacydata regulationdata securityExposure Notification Privacy Acthealth dataPrivacy & SecurityPublic Health Emergency Privacy ActRegulation

Understanding Circuit Splits Regarding Article III Standing in Data Breach Litigation

November 19, 2020Joseph HoUncategorized

Complex litigation in data breach disputes is not surprising due to the reliance on information technology infrastructure. The Identity Theft Resource Center defines a data breach as “an incident in which an individual name plus a Social Security number, driver’s license number, medical record or financial record is potentially put at risk because of exposure.” However, the issue that challenges most plaintiffs’ in a data breach lawsuit is the ability to establish an injury-in-fact sufficient to support Article III standing. Injury-in-fact is harm that is concrete and particularized, and actual or imminent. Currently, the United States Court of Appeals fails to uniformly decide this issue, creating “splits” in the Circuits regarding Article III standing in data breach litigation. The Supreme Court ruled in fact-distinguishable cases concerning standing, but not in the data breach litigation context. Until the Supreme Court renders guidance, Americans face significant judicial patchwork in privacy protection.

Constitutiondata privacyLitigationPrivacy & Security

Business Interruption Insurance Coverage During COVID-19 Era

November 19, 2020Michell Pacheco SotoUncategorized

Due to the COVID-19 pandemic, state and local municipalities have issued emergency proclamations requiring small businesses to either shut down or limit their business operations. This has caused small businesses to suffer substantial profit losses. In response, small businesses have filed business interruption claims with their insurance providers to recover their profit losses. However, insurance companies have mostly rejected their insureds’ business interruption claims because there has not been a direct physical loss or damage to the insureds’ properties, which is required to grant business interruption coverage. Businesses have been forced to file lawsuits against their insurers, hoping that the courts will compel insurance companies to provide business interruption coverage to their insureds during the pandemic. Business owners have also asked their elected officials to intervene and help them by passing legislation that would require insurance companies to provide business interruption coverage.

Business InterruptionEmploymentInsuranceJournal of Regulatory ComplianceRegulation

Is Zoom Doomed?

November 18, 2020Chandler WrightUncategorized

There is no doubt that working from home has become a new normal for millions of employees worldwide, and for some, this may be the future of their employment. When the workforce made the shift to remote work and online meeting navigation, Zoom Video Communications, Inc. (“Zoom”) quickly became the frontrunning platform. Many companies flocked to Zoom because of its alleged higher levels of security and encryption capabilities. However, a recent lawsuit against Zoom, by nonprofit group Consumer Watchdog, reveals that Zoom may not actually be as safe for users as it once claimed to be. Other lawsuits allege privacy concerns including Zoom sending user data to Facebook. Most recently, the FTC filed a suit against Zoom on November 9th for allegations of unfair, deceptive, or abusive acts or practices (“UDAAP”) related to encryption, cloud storage, third-party safeguards, and failure to disclose information to users. Though various privacy concerns arise, the platform’s popularity continues to increase given its newfound necessity.

COVID-19FTCJournal of Regulatory CompliancePrivacy & SecuritySECUDAAP

What Dining In Chicago Will Look Like This Winter

November 18, 2020Molly FranklinUncategorized

It is clear that COVID-19 is not going away anytime soon. Cases today are skyrocketing and that means restrictions like we had at the beginning of this pandemic are likely to follow. Since March, Chicago has had an array of different orders and guidelines they have followed both from the City of Chicago and from Governor J.B. Pritzker. In May, Chicago announced the “Protecting Chicago” framework which set out five phases depending on COVID numbers to guide citizens on what re-opening Chicago would look like. With the warm weather behind us, what does this mean for the future of dining for the rest of 2020?

Regulation

HHS Extends Deadlines to Give Health Care Providers and IT Developers More Flexibility in Responding to COVID-19

November 17, 2020Travis ThickstunUncategorized

As the United States continues to grapple with the effects of the coronavirus epidemic, the U.S. Department of Health and Human Services (“HHS”) announced new rules extending compliance dates and timeframes under the Cures Act. The agency’s new rules—most of which take effect on Dec. 4, 2020—are aimed at giving IT developers and health care providers flexibility in responding to the coronavirus pandemic.

healthcareHHSprivacyRegulationrulemaking

The Death of Neutral Corporations

November 17, 2020Cora LeeuwenburgUncategorized

The current social and political climate, as well as our planet’s environmental climate, have shown the new role that corporations play in society. The pandemic and the current social upheaval seen worldwide have increased the need for real and meaningful corporate commitment to social responsibility.

compliancecompliance programCOVID-19Journal of Regulatory ComplianceRegulationSEC

State Governments Make Statement that Masks are Essential by Exempting them from Sales Tax

November 17, 2020Abigail HeeterUncategorized

The coronavirus is still rampant in our country rendering an average of 96,275 new cases per day, and legislatures are attempting to stop the spread by any means necessary. One of the most recent innovative ideas by some state lawmakers is to emphasize the use of wearing masks by eliminating the sales tax on the purchase of Personal Protective Equipment (PPE).

tax

Hospitals Across the Country at Serious Risk for Coordinated Ransomware Attacks

November 16, 2020Kennedy ChigloFraud & Abuse

The Federal Bureau of Investigation (“FBI”), the Department of Health and Human Services (“HHS”), and the Department of Homeland Security Cybersecurity and Infrastructure Security Agency (“CISA”) recently announced that hackers have been and will continue to target the United States hospitals and health-care providers. These attacks are cyber in nature and often lead to ransomware attacks, data left, and inevitable disruption of health care services when patient information is locked until the ransom can be paid.

CISACMScyber fraudcyber-securitydata privacyFBIhealthcareHHSHIPAA & Health InformationJournal of Regulatory ComplianceOIGPrivacy & Securityransomware

Feeling Lucky (or Manipulated)?

October 30, 2020Noah CicurelAthletic Regulation, Finance & Banking, Fraud & Abuse

Sports betting is now just as easy as opening up an app and playing a game on your phone. But should it?

Of course not. Sports gambling, with the potential to waste away thousands of dollars, should feel more like gambling at a casino than making a few clicks on a phone.

The Professional and Amateur Sports Protection Act of 1992 (PASPA) effectively outlawed sports betting nationwide. However, in Murphy v. National Collegiate Athletic Association, the Supreme Court struct down PASPA, launching the phrenzy towards nationwide legalization. Sports betting is fully legal and operational in 18 states in addition to Washington D.C. with the possibility of 13 more states joining the national trend by the end of 2021.

In June 2019, Governor Pritzker signed the Sports Wagering Act into law, ushering in legal sports gambling in Illinois. The law initially required users to submit applications for sports wagering services in person. However, due to the pandemic Governor Pritzker issued several Executive Orders suspending this requirement through at least November 14. With the pandemic still in full swing, there is little reason why this suspension will not be extended again.

GamblingJournal of Regulatory CompliancePASPAsports gambling