On July 9, 2021, President Biden issued the “Executive Order on Promoting Competition in the American Economy,” which set out a “whole-government policy” of enforcing antitrust laws to prevent excessive consolidation and thus improve competition. Encompassing a wide range of directives and policy statements, the order specifically targets four important […]
Publications
Forget the “Carrot,” Straight to the “Stick”: CMS Proposes Increased Penalties for Noncompliance with the Price Transparency Rule
As of January 1, 2021, hospitals were required to disclose prices and otherwise comply with the price transparency requirements or face penalties. As a refresher, the price transparency rule requires hospitals post the “standard charges” of 300 common health services. The Centers for Medicare & Medicaid Services (“CMS”) specified 70 […]
Bank Regulators Issue Request for Comment on Proposed Guidance for Third-Party Risk Management
Earlier this month, three federal bank agencies – the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (each an “Agency” and, collectively, the “Agencies”) – issued a request for public comment related to joint guidance proposed […]
Supreme Court Vacates Ninth Circuit’s LinkedIn Data-Scraping Decision, Raising Questions Regarding Access to Information Publicly Available Online
On June 14, 2021, the U.S. Supreme Court granted certiorari by summary disposition in hiQ Labs, Inc. v. LinkedIn Corp., vacating the decision of the U.S. Ninth Circuit Court of Appeals, and remanding the case to the Ninth Circuit for further consideration in view of the Supreme Court’s recent decision […]
Connecticut Incentivizes Cybersecurity
Connecticut became the latest state to provide an incentive for private entities to adopt cybersecurity frameworks and a safe-harbor from private causes of action resulting from cyber breaches. The state joins Ohio and Utah in providing such protections under its Cybersecurity Standards Act.[1] The law provides protections to businesses from […]

