Digital Health & Technology

Expert Analysis

• It's Time To Scrap FTC's Health Breach Notification Rule

  

  The Federal Trade Commission's notification rule for nonhealth companies that suffer health record data breaches is too narrow, and should be replaced by a federal privacy law that provides uniform and meaningful protections for consumers, says Dena Castricone at DMC Law.

• The Current Barriers To International Health Cooperation

  

  Although governments continue to construct direct barriers to international health collaboration by restricting foreign direct investment, the COVID-19 pandemic has highlighted the necessity of borderless health care goods and services, say attorneys at Mayer Brown.

• CCPA Is 1 Of Many Retailer Data Privacy Class Action Worries

  

  As class actions targeting the sale of consumer data pose an increasing threat to retailers under the California Consumer Privacy Act and other states’ consumer protection laws, companies must ensure compliance with each statute and assess their vulnerability to deceptive conduct allegations, say Stephanie Sheridan and Meegan Brooks at Steptoe & Johnson.

• Workplace Body Temperature Devices Raise Privacy Concerns

  

  As employers begin using no-contact temperature taking devices to prevent the spread of COVID-19, they'll need to comply with state biometric data and breach notification laws, the California Consumer Privacy Act, and federal guidance, say attorneys at Husch Blackwell.

• 11 Post-Pandemic Predictions For Telehealth Regulation

  

  Though many regulatory changes related to telehealth usage will revert after the pandemic, they will likely pave the way for more permanent developments in the future, say attorneys at Holland & Knight.

• The Way Forward For COVID-19 Testing In The US

  

  New legislation funding a national COVID-19 testing program will compensate for the many lapses and public health challenges that the U.S. has experienced thus far in testing for the virus, but additional measures including policy development and regulatory actions will likely be necessary, say attorneys at Sidley.

• What All Attorneys Can Learn From Female Rainmakers

  

  Soon lawyers may find an unrecognizable competitive landscape in which most firms will be vulnerable — if they don't rapidly start upgrading their client development tactics to ones like those used by female rainmakers, says marketing consultant Craig Levinson, who recently interviewed Jennifer Trock, Desiree Moore and Debra Fischer about their secrets to success.

• Data Breach Case Highlights Need To Scrutinize IT Contracts

  

  The Princeton Community Hospital v. Nuance case in West Virginia federal court illustrates the importance of several provisions in information technology-related agreements and offers some takeaways for optimizing the traditional approaches to them, say Renato Smith and Bridget Steele at ​​​​​​​Barclay Damon.

• 7 COVID-19 Compliance Areas For Health, Life Sciences Cos.

  

  In order to identify, understand and mitigate risks in the age of COVID-19, health and life sciences companies need to reassess their compliance strategies and plan proactively for the return of regular business operations, say attorneys at Paul Hastings.

• Pandemic Creates Extra Cyber Risk For Health Care Providers

  

  The global COVID-19 health crisis creates new opportunities for cybercriminals targeting health care organizations — but there are important steps hospitals and other medical providers can take to protect themselves and their patients, say Amy Ruhland and Ashley Carr at DLA Piper.

• Tips For Minimizing Law Firm Liability During COVID-19

  

  Lawyers may be advising clients on COVID-19 matters without the benefit of considered analysis or interpretive guidance, which could lead to legal malpractice suits down the road, but law firm management can mitigate the risks through certain protocols, says Nicole Hyland at Frankfurt Kurnit.

• What The CARES Act Means For Tribes

  

  The Coronavirus Aid, Relief, and Economic Security Act contains several provisions to address the pandemic's unique and disproportionate impact in Indian Country, and there are important considerations for tribal governments to keep in mind due to oversight requirements in the act, say attorneys at WilmerHale.

• Drug Cos. May Find Real-World Evidence Cuts Both Ways

  

  Real-world evidence — based on patient experience with drugs and devices from sources other than traditional clinical trials — is growing in popularity in the life sciences industry, but plaintiffs may also point to RWE studies to associate alleged harms with particular products, say attorneys at Dechert.