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Healthcare Exposure beyond HIPAA, Part 2: ESPN Feels the Sting of State Law in Jason Pierre-Paul Breach Law Suit

Last week, we wrote about the FTC’s splash into the healthcare breach waters. Now, ESPN wades in by learning from a U.S. District Court in Florida on August 25, 2016 that one needn’t be a healthcare provider or health plan to be stung by healthcare privacy laws. Jason Pierre-Paul, a defense end for the New …

Maurice Ross Comments on the Federal Circuit Ruling that PTAB Claim Construction in Inter Partes Reexamination Proceeding Is Not Binding on District Court in Later Litigation

Instead of expediting and lower costs of litigation, AIA post-grant proceedings give most litigants two bites at the apple as PTAB rulings on claim construction and invalidity are not binding in federal court. The new post grant review proceedings are proving to be a total disaster for litigants, vastly increasing litigation costs as litigants have …

Healthcare Exposure Beyond HIPAA: FTC Finds Violation and Harm From Release of Medical Information Alone in LabMD Appeal

The Federal Trade Commission (FTC) held in its recent decision in LabMD  that lax security practices are unreasonable trade practices, and that electronic medical information is so sensitive that substantial harm to consumers will be presumed by its release. Healthcare, long concerned with HIPAA proceedings and litigation resulting from breaches, now has a third major …

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