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HIPAA and the Criminal Investigation
As medical practitioners and the attorneys who defend (or sue) them have learned over the last few years, health care professionals are liable for wrongful disclosure of protected health care information under HIPAA and various state statutes. Health Insurance Portability and Accountability Act, Pub. L. No. 104-191, 110 Stat. 1936 (1996) (amending, Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001-1461 (1994) (ERISA). Lack of sophistication of the law in this area is no excuse for turning over medical records to unauthorized recipients, and appropriate statutory requirements must always be met. But it's not always easy to tell when those safeguards on patient privacy are paramount and when other considerations might trump them. A recent case offers an interesting permutation on the question by asking: When can law enforcement authorities access medical records without the patient's authorization? The wrong answer could leave the health care facility or provider that hands over patient records vulnerable to liability for unauthorized release.
The Rush Limbaugh Investigation
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The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.