In the Illinois Senate, a recently proposed Biometric Information Privacy Act (BIPA) amendment seeks to change how BIPA claims accrue, limiting the amount of damages available in instances where there are multiple violations.The Cothron decision, which held that BIPA claims accrued each and every time biometrics were collected, transmitted, or stored absent a written release,
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California AG Announces Second Settlement Under the California Consumer Privacy Act
California Attorney General Rob Bonta announced a settlement between the State of California and DoorDash on February 21, 2024, regarding allegations that DoorDash violated the California Consumer Privacy Act (CCPA) and the California Online Privacy Protection Act (CalOPPA) by selling its California customers’ personal information without providing notice or an opportunity to opt out. The…
California Chamber Seeks State Supreme Court Review of Privacy Act Enforcement
The California Chamber of Commerce filed a petition to the California Supreme Court on February 20, 2024, seeking review of a February 9, 2024 appellate decision that paved the way for the state’s privacy enforcement agency, the California Privacy Protection Agency (CPPA), to start enforcing the California Privacy Rights Act’s updated regulations immediately.The CPPA filed…
Negotiated Rulemaking
This month’s Wonkology is an interdisciplinary collaboration between Thompson Coburn’s Lobbying & Policy and Higher Education practices. An administrative process used by federal agencies during which a proposed rule is debated and developed by relevant interest groups and agency representatives. Best Thing Since Sliced Bread The concept of a negotiated rulemaking, colloquially known as “neg reg,” was hatched in the 1970s when…
Are Unmatured Lease Obligations Considered Noncontingent Debt for Purposes of Calculating Eligibility to File a Subchapter V Bankruptcy?
Congress passed the Small Business Reorganization Act of 2019 (the “SBRA”) to benefit small businesses. The SBRA established a new framework within Chapter 11 of the Bankruptcy Code, known as subchapter V, which streamlines and simplifies the bankruptcy process for small businesses to allow them to restructure and exit bankruptcy in an expedited timeframe.Section 1182…
Health Care Mergers at Risk: New Guidelines Enhance Agencies’ Powers to Challenge Mergers
On December 18, 2023, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ”) issued a final version of their Merger Guidelines. Initially proposed in July 2023, after five months of public commentary and feedback and two years of work in total, the 2023 Merger Guidelines include 11 enforcement principles…
Class Actions Highlight AI-Assisted Payer Denials
As health care payers increasingly rely on artificial intelligence (“AI”) to speed up patient claim adjudication and prior-authorization determinations, providers should be on the lookout for algorithms designed to deny claims with minimal
human oversight. Two putative class action lawsuits filed against Cigna and UnitedHealth in November 2023 allege that the payers’ respective AI models,…
Congressional Caucus
A voluntary
membership organization in Congress centering around a particular issue or
cause. For the
First Time in Forever Though they
are not mentioned in the Constitution, caucuses, sometimes referred to as
Congressional Member Organizations (CMOs), have been a part of American
government since the earliest days of the republic. Members of Congress have
always coalesced around…
NY Department of Financial Services Updates Regulations on Cybersecurity
The New York Department of Financial Services (NYDFS) finalized amendments to its cybersecurity regulations on November 1, 2023, marking a significant update in the state’s approach to cyber threats. The process involved multiple stages, starting with a pre-proposal in July 2022, followed by two additional proposals in November 2022 and June 2023. The final version,…
OIG Update Modernizes Compliance Program Guidance
For the first time in 15 years, the Office of Inspector General (OIG) has issued updated compliance program guidance. The release of this guidance is part of the OIG’s two-step approach to modernize its current compliance program guidance. In April 2023, the OIG indicated that it would publish general compliance program guidance by the end…