The Illinois Senate recently passed legislation by a 46-13 vote that would significantly amend the Illinois Biometric Information Privacy Act (“BIPA”).[1] Senate Bill 2979 (“SB2979’),
which Senate President Pro Tempore William Cunningham introduced, includes a significant benefit to corporations, employers, and other private entities in Illinois by clarifying that, in a case where the
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Borrower Defense to Repayment (BDR) Round-Up
As many REGucation readers know, Thompson Coburn has followed the U.S. Department of Education’s Borrower Defense to Repayment (BDR) rules closely over many years. This blog post will outline three recent BDR-related developments that institutions of higher education should have on their radar.Fifth Circuit Enjoins Biden Administration BDR Rule Pending Final Judgment of the District…
Senate Leader
Each
party’s chief spokesperson and coordinator of legislative strategies and
priorities in the Senate. The Natural The
Constitution does not establish leader positions in the Senate. The role of
leader is separate from the Constitutionally required
Senate president
pro tempore, who has the responsibility
for presiding over the Senate in the absence of the vice president.…
BIPA Update: Another Amendment Attempt for Illinois Privacy Law
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,…
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,…