Battle of Bears Ears: Challenging Presidential Authority Under the Antiquities Act

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After an executive order for review of designations under the Antiquities Act, the Department of Interior to review 27 different national monuments, a leaked internal memo revealed a plan to reduce the size of four national monuments. One of the reductions, recommended by Secretary Zinke, was the shrinking of Bears Ears National Monument. Senator Hatch of Utah since confirmed the whispers; in a conversation with Senator Hatch, President Trump revealed his plans to downsize multiple monuments in Utah, including Bears Ears. This action has raised questions about whether a president, under the Antiquities Act of 1906, is allowed to shrink national monuments.
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Evolving Regulatory Conditions Spur the Creation of Novel Insurance Protections for Corporate Officers

Posted on Categories Finance & Banking

Consistent with modern financial regulation, United States regulators are increasingly focusing upon individual accountability of corporate officers and directors. Once a regulatory agency contacts a corporation regarding an inquiry into the actions of its agents, it is the duty of the corporation to front the costs of legal defense and representation. Historically, corporate directors and officers liability insurance (“D&O”) covered the costs of legal defense and costs associated with the regulatory investigation. In light of the increasing government emphasis on individual liability within corporations, traditional D&O liability insurance is no longer guaranteed to protect corporate exposure to regulatory inquiry. As a result of these changes to corporate exposure, insurance agencies have begun to create novel insurance solutions to solve the problems created by the new regulatory policy.
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What Happens When The Police Demand PHI

Posted on Categories HIPAA & Health Information

It happens in every emergency department: a law enforcement officer comes into the ER at two o’clock in the morning and demands to test the blood alcohol levels of a patient brought in after an auto accident. The officer pulls an exhausted nurse to the side in the hopes that the nurse will forget his or her training, or become anxious enough to give up the information for fear of being arrested. Yet no matter the specific facts, the question remains: can a hospital give law enforcement officers a patient’s PHI without authorization from the patient? In some situations, is it even required?

There is a provision under the HIPAA Privacy Rule that allows, and in some cases, requires, entities to disclose patient’s PHI to law enforcement without the patient’s authorization. However, state law can complicate this picture with more restrictive regulations and guidance.
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SEC Begins to Regulate Bitcoin and other Cryptocurrencies

Posted on Categories Finance & Banking

The Securities and Exchange Commission, which has been notably quiet on the subject, is beginning to show an interest in the cryptocurrency craze. It published a report last July concluding that initial coin offerings (ICOs) are subject to securities laws and that one ICO which raised nearly $150 million worth of cryptocurrency violated securities law.
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Compliance in the Face of Evolving Physician Assistant Rules and Regulations

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Physician Assistants (PAs) have long been recognized as clinicians working under the supervision and guidance of physicians. In recent years, advocacy efforts have shifted to encourage the recognition of PAs as team-based practice clinicians working in collaboration with physicians. State legislation is beginning to reflect those efforts, as one by one, states begin to update the governing rules and regulations. As that future nears, compliance efforts must be able to effectively respond and adjust to these changes in a timely manner. 
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Drone Use and Technological Advances in Aviation

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Technological advances in aviation have turned what was once a matter of science fiction into reality. With that increase in technology comes a need for regulation of those technologies and their integration into daily lives. In 2016, the Federal Aviation Administration (“FAA”) finalized its first iteration of the rules that would begin to mold how drones are used.
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Congressional Repeal of Consumer Protection Rule Creates Bar to Class-Action Suits Against Banks

Posted on Categories Finance & Banking

In July of 2017, the Consumer Financial Protection Bureau (“CFPB”) Director, Richard Cordray, implemented a rule regulating the ability of banks to prohibit class-action lawsuits from being placed within the fine print of their consumer contracts. By the end of July, the House of Representatives voted to repeal the rule under the Congressional Review Act, which allows lawmakers to overturn any recently issued regulation by an executive agency. The Senate subsequently voted to repeal the rule after a 50-51 vote, where Mike Pence cast his vote to break the 50-50 tie. On November 1st, 2017, President Trump signed the bill repealing the regulation.
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Self-Driving Cars: The “Cars of the Future” Impacted by Regulatory Restrictions

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On Friday, October 28, 2017, the National Highway Traffic-Safety Administration (“NHTSA”) announced they are striving to deregulate strict regulations currently slowing production on self-driving cars. NHTSA is seeking to deregulate in an attempt to increase the production and deployment of driverless cars. In the Rulemaking Report released by the Department of Transportation (“DOT”), NHTSA seeks comments to “identify any unnecessary regulatory barriers to Automated Safety Technologies, and for the testing and compliance certification of motor vehicles with unconventional automated vehicles designs, especially those equipped with controls instead of a human driver.”
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How To Keep Your Government Accountable

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On October 26, 2017, the United States government released files relating to the assassination of President John F. Kennedy and the investigation that followed. The majority of the documents generated by the investigation – about 88% of all FBI, CIA, and other agencies’ files – have been available for years, but the rest of the documents were due to be released this year. On the recommendation of the investigatory agencies, President Trump decided to keep some of this remaining information redacted due to “national security, law enforcement, and foreign affairs concerns.” Speculation as to the contents of these documents and the reasons for redacting secure information have renewed a continuing discussion about what information the public should be privy to and how this information can be accessed.
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Handling a Data Breach: Equifax v Google

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Google answered Amazon’s Echo Dot by recently launching their own pint-sized smart speaker, the Google Home Mini. Recently, Google was forced to disable one of the features on the Home Mini after it was discovered that a technical glitch led to near 24/7 audio recording. Google responded quickly and appropriately, investigating the cause and quickly releasing an update to disable the hardware responsible for the glitch. The Equifax hack –  a breach of personal data including social security numbers, driver’s license information, and other credit details – exposed nearly half the country and waited months to respond. Upcoming European legislation that can significantly impact American companies with European Union clients may be part of the reason for their drastically different responses.  
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