Publications

For those of you who attended the Baird Holm Health Law Forum in November 2018, you may remember reference to an unusual provision in the Tax Cuts and Jobs Act that makes tax–exempt employers liable for unrelated business income tax on the cost of the parking provided to employees. It’s […]

The U.S. Department of Justice (“DOJ”) recently issued revisions to its Justice Manual that soften the impact of the September 2015 “Yates Memo,” named after its author, then-Deputy Attorney General Sally Yates. The Yates Memo instructed federal prosecutors not to give a corporate defendant any credit for cooperation unless the […]

On December 14, 2018, OCR issued a Request for Information (“RFI”) asking how HIPAA can be revised to better promote care coordination and value-based care while preserving privacy and security protections. The RFI is relatively short, and easily digestible. It categorizes its requests into four topic areas, asking more specific […]

A European privacy regulator has provided insight into a key feature of the General Data Protection Regulation (“GDPR”)—extraterritorial reach. Recall that Article 3(1) of the GDPR applies to EU-based organizations engaged in the processing of personal data (i.e., any information relating to an identified or identifiable natural person) belonging to […]

Advertisements commonly include images of individuals, where the individuals may endorse a product, or merely just be incorporated into the advertisement. But such use of an individual’s image, name, or likeness in a commercial advertisement may implicate an individual’s right of publicity. Almost half of the states in the United […]