The Vita cases The Massachusetts Supreme Judicial Court (SJC) recently addressed whether the term “communications” in Massachusetts’ 1968 Wiretap Act (MWA) includes when a patient interacts with a hospital’s website and determined that such interactions did not qualify for protection under the statute. This is a significant decision for businesses that have been fending off
Thompson Coburn Blogs
Latest from Thompson Coburn
Higher Education: The Road to Nonprofit Status Just Got a Little More Paved
Last Friday, the Ninth Circuit reversed a District Court’s decision upholding the U.S. Department of Education’s determination that Grand Canyon University did not meet nonprofit status under the Higher Education Act of 1965 (“HEA”). In Grand Canyon University v. Miguel A. Cardona, et al., No. 23-15124 (9th Cir. November 8, 2024), a Ninth Circuit three-judge
Berkheimer v. REKM Decision Says that Customers Should Reasonably Expect Bones in Boneless Wings
The Ohio Supreme Court recently issued a favorable decision for Ohio restaurants, food suppliers, and farmers regarding potentially injurious substances in food products. In Berkheimer v. REKM, L.L.C., slip opinion No. 2024-Ohio-2787, the court weighed in on whether a consumer should have reasonably expected and guarded against a one-inch bone in a “boneless” wing. In
Presidential Certification Process
A series of actions that must occur between Election Day and Inauguration Day to codify the results of the election for president and vice president. Jump AroundArticle II, Section 1 established the Executive Branch and process by which the president and vice president are elected using the Electoral College. Since the 1830s, states have allocated
Supreme Court Will Again Consider Agency Authority in a TCPA Case
On October 8, 2024, the Supreme Court granted certiorari inMcLaughlin Chiropractic Associates, Inc. v. McKesson Corporation and McKesson Technologies, Inc., (No. 23-1226) to address whether the Hobbs Act requires district courts to follow the FCC’s interpretation that the Telephone Consumer Protection Act (“TCPA”) does not prohibit faxes received via “online fax services.”Getting to
False Claims Act Ruling Offers New Grounds for Defending Whistleblower Claims
In a recent decision from the U.S. District Court for the Middle District of Florida, Judge Kathryn Kimball Mizelle declared the qui tam provision of the False Claims Act (FCA) unconstitutional, raising significant questions about the future of whistleblower litigation. The case, United States ex rel. Zafirov v. Florida Medical Associates LLC, challenges whether private
California's Journey to Regulate Technology: September 2024 Legislative Update
Veto for the California Consumer Privacy Act of 2018: opt-out preference signalOn September 20, 2024, California Governor Gavin Newsom vetoed a proposed law (Assembly Bill 3048) that would have strengthened protections under the California Consumer Privacy Act (CCPA) by requiring internet browsers and mobile operating systems to offer consumers the ability to exercise their privacy
OIRA
A branch of the Office of Management and Budget (OMB)
within the Executive Office of the President that is tasked with reviewing
drafts of proposed and final regulations. The
Winter Soldier Congress
established the Office of Information and Regulatory Affairs (OIRA)
with the Paperwork Reduction Act of 1980. OIRA is comprised of five subject-matter offices
and is
The Latest on ED’s Financial Value Transparency and Gainful Employment Rule
The U.S. Department of Education continues to release significant guidance relating to its Financial Value Transparency and Gainful Employment rule, including last week’s announcement that institutions should “pause reviews of the Completers Lists and use of the FVT/GE Reports.” In this 20-minute video, Aaron Lacey and Hope Watson discuss this and other recent guidance and
Strike the Last Word
A debate procedure used in Congress allowing any member five minutes to speak
on an amendment under consideration. On the
Waterfront The rules of
both the House
and Senate permit 10 minutes of debate for any amendment, with five
minutes given to the member in support, and another five minutes to a member
who wishes to speak