Insights

Is a surviving spouse responsible for her deceased spouse’s medical bills if the creditor did not properly submit a claim against his estate?

On November 21, 2018, the Pennsylvania Supreme Court issued a far-reaching decision that “an employer has a legal duty to exercise reasonable care to safeguard its employees’ sensitive personal information stored by the employer on an internet-accessible computer system.”

Gone are the days of going on vacation to get away. As technology continues to advance, society has not only become increasingly dependent on the ability to remotely handle routine tasks, but also on the capability to deal with more complicated tasks such as reviewing and signing involved legal documents.

Recently, the Securities and Exchange Commission (SEC) imposed a $1 million penalty against Voya Financial Advisors, Inc. (VFA).

Canada’s new mandatory breach-notification requirements in the Personal Information Protection and Electronic Documents Act (PIPEDA) take effect on November 1, 2018.

On August 3, Governor John Kasich signed Senate Bill 220, also known as the Ohio Data Protection Act.

Yesterday, California enacted the California Consumer Privacy Act of 2018. The law imposes new regulations on the collection, use, and disclosure of consumers’ personal information that will significantly impact companies doing business in California.

The New York Court of Appeals (the state’s highest court) recently issued a potentially game-changing decision on pre-certification settlements in class actions.

Although the government has always had the authority to move to dismiss relator cases, it almost never does, to the great frustration of numerous defendants that have had to incur the costs and inconvenience of meritless False Claims Act (FCA) claims.

In February 2017, a jury in the Middle District of Florida found for a relator in an upcoding case against a nursing home operator, resulting in a total judgment of approximately $350 million.

As we begin the New Year, it’s time to re-visit and update your data incident response plan. Companies subject to the Payment Card Industry Data Security Standard (PCI-DSS) are required to do so to ensure compliance.

The ten-year anniversary of the last significant reform to Ohio’s eminent domain law presents an opportunity to revisit and reexamine the use of eminent domain law and its impact on Ohio’s farmers.

Senate Bill 220, also known as the Data Protection Act, was recently introduced in the Ohio legislature.

On September 29, 2017, the Fifth Circuit overturned a $664 million False Claims Act (FCA) judgment in U.S. ex rel. Harman v. Trinity Industries, Inc, Case No. 15-41172 (5^th Cir).  The court’s reasoning offers substantial ammunition to FCA defendants, and further demonstrates that courts really will enforce the strict materiality requirements outlined by the Supreme Court in Universal Health Servs., Inc. v. United States ex rel., Escobar, 136 S. Ct. 1989, 1995 (2016).

The Second and Eighth District Courts of Appeals demonstrate how difficult it is to establish undue influence.

On July 21, New Jersey Governor Chris Christie signed the “Personal Information and Privacy Protection Act.”

The Second Circuit Court of Appeals provided a rare glimmer of hope to companies and courts inundated by the avalanche of the Telephone Consumer Protection Act (TCPA) litigation on June 22, in Reyes v. Lincoln Automotive Fin. Serv., No. 16-2104.

This week a federal judge in Florida passed down one of the most historic ADA website accessibility decisions to date, finding that Winn-Dixie was liable under Title III of the ADA because its website was inaccessible.

Today, in a unanimous decision delivered by Justice Gorsuch, the U.S. Supreme Court ruled that companies that purchase and collect defaulted debts for their own accounts are not “debt collectors” subject to the Fair Debt Collection Practices Act (FDCPA or the act).

Creditors of Ohio estates have little room for error under a decision handed down by the Supreme Court of Ohio on April 19, 2017.