Assignment of Claims Act Thwarts Water Contamination Suit
August 15, 2006
A suit against the United States for damage to water assets that could have been brought by the previous owner of the rights was dismissed for failure to comply with the Assignment of Claims Act, 31 U.S.C ' 3727.
Infill Development Projects
August 15, 2006
Despite all the advocacy of infill development as a way to achieve smart growth and reduce sprawl, there continue to be significant obstacles to infill development. Significantly, it is still easy for neighbors (and for officials) to stop or dramatically delay projects by raising claims such as impacts on traffic, shadows and views. Often, these impact claims relate to effects created as much by other projects as by the proposed new infill development, yet they are still asserted to stop new residential projects.
<b>Online Exclusive:</b> Medical Information, Privacy Bill Passes U.S. House
August 08, 2006
Recently, the U.S. House passed its version of S 1418, which would standardize record keeping of medical records and support expanded dissemination of electronic medical records. Among the key modifications to the Senate bill was the House's creation of a task force to make recommendations on national standards for medical data storage, which would focus on ensuring privacy while supporting interoperability of communications systems and record keeping.
<b>Online Exclusive:</b> GAO Report Finds Gaps, Loopholes in Federal Data Collection Laws
August 03, 2006
A new report by the Government Accountability Office ('GAO') finds that Congress can significantly strengthen federal privacy laws by requiring data collection and reseller firms to improve their privacy safeguards and by enhancing the authority of the Federal Trade Commission ('FTC') to issue civil penalties for violations of current federal privacy laws.
<b>Online Exclusive:</b> New Hampshire Medical Privacy Law Challenged
August 03, 2006
IMS Health Inc. and Verispan LLC filed a lawsuit in U.S. District Court, seeking a stay of New Hampshire's new privacy law. The law, which went into effect on June 30, bans the collection, distribution, and sale of individual doctors' prescription information by pharmaceutical companies or their agents. It affects only prescriptions written by physicians, not by other medical professionals such as nurse practitioners.
<b>Online Exclusive:</b> Around the States
August 01, 2006
<b>Kansas.</b> Kansas recently became the sixth state in the nation to collect DNA samples of people who are arrested, but not yet charged with a crime.<p><b>Massachusetts.</b> Four bills are under consideration in the Senate ' S. 183, S. 184, S. 236, S. 237 ' related to privacy and ID theft.
