Archive for April, 2014

Stolen laptops lead to important HIPAA settlements

“Two entities have paid the U.S. Department of Health and Human Services Office for Civil Rights (OCR) $1,975,220 collectively to resolve potential violations of the Health Insurance Portability and Accountability Act (HIPAA) Privacy and...

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VIRGINIA SUPREME COURT UPHOLD U. VA ON FOIA FIGHT

AMERICAN TRADITION INSTITUTE, ET AL. v. UNIVERSITY OF VIRGINIA, ET AL. No. 130934 April 17, 2014 Va. Supreme Court upholds trial court decision that: trial court entered its final order on the Petition and held that: (1) Professor’s...

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4th Circuit orders district court to reveal company name in consumer case

“Company Doe,” filed suit under the Administrative Procedure Act to enjoin the United States Consumer Product Safety Commission (the Commission) from publishing in its online, publicly accessible database a “report of harm” that attributes...

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Security Risk Assessment

Need help with the required HIPAA Security Risk Assessment of your health care practice? Not sure where to start? Feeling intimidated? ONC has just released a tool that can help make the HIPAA Security...

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Company can be sued for tortious interference with contract for hiring competitor’s employees

Sky Surgical allegedly tortiously interfered with employment contracts that Jones and Schools each entered into with Plaintiff, their former employer.  Jones’ and Schools’ employment contracts with Plaintiff include non-compete, non-disclosure, and non- solicitation clauses. Sky Surgical allegedly was on...

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How to successfully inform policy when scientific evidence is not plainly evident

Opinion: The Pitfalls of Uncertainty By Didier Schmitt | April 14, 2014 The Scientist Communicating scientific consensus despite uncertainty No single truth exists, in science or in policy. So there can also be consensus on the uncertainty....

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You have to come to work to make a claim that you can’t come to work stick.

“Plaintiff has failed to produce sufficient evidence that she could perform perhaps the most essential function of all — regularly showing up to work — with or without reasonable accommodations from defendant. See Doe, 50 F.3d at...

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NIH-funded atlas details gene activity of the prenatal human brain, offers clues to psychiatric disorders

A comprehensive three-dimensional atlas of the developing human brain that incorporates gene activity along with anatomical reference atlases and neuroimaging data has released its first major report online today in Nature. This National Institutes...

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European Parliament Approves Bill to Increase Clinical Trial Transparency

Pharmaceutical companies and academic researchers will have to post the results of all their European clinical trials in a publicly-accessible database, under a draft law already informally agreed with EU ministers and passed by...

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Suit with the wrong defendant’s name is nothing to sneeze at

I often tell classes in my Clinical Trials Contract seminars (and my other classes on contract drafting and negotiation) to be really careful with the parties when including the doctors, because the doctors individually...

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