Tread Carefully, Trade Associations:
Recent Decision Reiterates Potential Antitrust Pitfalls
A federal court of appeals recently allowed a price fixing lawsuit against text messaging companies to proceed based principally upon allegations of the companies’ actions taken as members of a trade association. This ruling should remind trade associations and their members to be careful about the types of information they share and the manner in which they do so because, among other things, defending against such claims can be tremendously expensive and time-consuming. The case also highlights certain behaviors that should be avoided.
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PPACA, The Individual Mandate, And The Supreme Court
On Jan. 31, 2011, Senior Judge Roger Vinson of the United States Northern District Court of Florida issued a declaratory judgment finding the Patient Protection and Affordable Care Act (PPACA or Act) unconstitutional. Twenty-six states, including the State of Indiana, two private citizens, and the National Federation of Independent Business filed their complaint seeking the declaratory judgment and injunctive relief minutes after President Obama signed PPACA into law.
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"Attention Shareholders: Our Employees Are
Quitting and Business is Bad"
The Challenges of Protecting Corporate Privacy Online
For years, social networking sites liked LinkedIn, Spoke, or Plaxo have been touted as "acceptable" forms of employee social media use by employers. Lacking the features to showcase personal photos, interests, and other private details, these "professional" social media outlets offer a mild but certainly inoffensive way of participating in social networking on a professional level. However, it may be these very characteristics that make professional social networking sites the single most informative – and potentially dangerous - tool that outsiders and competitors have about a company's activities. In today's climate, the evaporation of individual privacy has become commonplace, but the public disclosure of private corporate information poses unique risks that not all corporate decisionmakers may appreciate.
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Illinois Court Validates Illinois’ Ban On Discretionary
Clauses in Insured ERISA Benefit Plans
On Feb. 23, 2011 Magistrate Judge Arlander Keys of the U.S. District Court for the Northern District of Illinois issued an opinion that validated Illinois’ statutory ban on discretionary clauses in all accident, health, and disability insurance policies. This article examines the decision and discusses the impact that these sorts of bans may have on plan sponsors and on the recipients of benefits under similar policies.
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New Landscape for Civil Enforcement Under HITECH
The Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009, enacted as part of the American Recovery and Reinvestment Act, significantly changes the landscape of HIPAA civil enforcement. HITECH requires that the Federal government take a much more rigorous approach to enforcement, and imposes steeper civil money penalties (CMPs) for HIPAA violations.
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This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.