Publications

The Employee Retirement Income Security Act of 1974 (ERISA) was enacted in large part as a result of the Studebaker automobile manufacturer’s failure to pay its employees their promised pension benefits when it closed its plant in 1963.  ERISA sought to provide greater protections for employees and their retirement benefits.  […]

The American Hospital Association (“AHA”) and a group of hospitals scored a big win recently in the U.S. District Court for the Northern District of Texas in the case of AHA, et. al v. Becerra, et. al. by convincing the court that OCR exceeded its authority by imposing new legal […]

The Centers for Medicare and Medicaid Services (CMS) recently released updated model signage outlining patients’ rights under the Emergency Medical Treatment and Labor Act (EMTALA).  CMS recommends, but is not requiring, that hospitals adopt the new model signage.  The CMS memorandum describing the updated signage recommendations is available here. CMS […]

Regulation S-P generally required broker-dealers, investment companies, and investment advisors to adopt and implement a variety of cybersecurity and privacy policies.  Some of the requirements include maintaining written cybersecurity policies, proper disposal of equipment that may contain sensitive information, and implementing privacy policies.  But the Commission proposed and subsequently adopted […]

On August 9, 2024 Illinois became the second state to implement legislation aiming to prevent the use of generative artificial intelligence systems (“AI”) to create unauthorized digital replicas of individuals. Tennessee led the way with the Ensuring Likeness Voice and Image Security Act (“ELVIS”) Act which went into effect July […]