Publications

After an employee leaves to work for a competitor or starts a competing business, an employer will sometimes find out that this individual used the last days of computer access to download or email to him or herself confidential information from the employer’s network. Indeed, this former employee may have […]

The federal Health Care Quality Improvement Act (“HCQIA”) directs creation of what has come to be known as the National Practitioner Data Bank (“NPDB”) and mandates reporting by healthcare entities in two scenarios. The first scenario is when a healthcare entity takes adverse professional review action against a physician’s or […]

The federal No Surprises Act (the “Act”) will go into effect on January 1, 2022.  Regulations are expected in July, October and December, 2021.  The Act is complicated on its own, but it is designed to recognize and dovetail with pre-existing state No Surprises Acts in a couple of situations.  […]

President Biden signed an Executive Order[1] in May 2021 directing federal agencies to take several proactive steps to help the nation defend against cyber security attacks.  The Order is drafted with very specific implementation steps, which is a departure from prior orders.  Prior executive orders were often purposefully vague, leaving […]

Earlier this term, in Google LLC v. Oracle America, Inc. the Supreme Court issued an impactful ruling holding that Google’s use of Oracle’s application programming interfaces (APIs) did not constitute copyright infringement under the fair use doctrine.  Importantly, the Supreme Court did not decide whether such APIs were copyrightable –leaving […]