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Avoiding a Breach of Confidentiality
For the past several years, physicians and other health care providers have focused most, if not all, of their attention on the various patient health information confidentiality requirements imposed by the federal government's Health Insurance Portability and Accountability Act (HIPAA). HIPAA's enactment has ' or should have ' caused health care providers to become sensitized to the fact that patient confidentiality must be preserved, and compliance with the various rules and regulations contained in the legislation is required.
However, less attention has been accorded to individual state-statute based patient confidentiality requirements, many of which existed for a significant period of time before the enactment of HIPAA. Other privacy right claims can be made based on traditional tort concepts, such as breach of contract and negligence. Physicians and other health care providers should remember to spend some of their energies focusing on these issues and on state privacy laws that exist independently of HIPAA, since they can give rise to causes of actions by aggrieved patients.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.