On February 12, the U.S. Department of Health and Human Services (“HHS”), Office of Civil Rights (“OCR”), published a notice requesting comment on an upcoming information request. Specifically, OCR invites comments regarding its burden estimate for a “HIPAA Audit Review Survey.” The Survey consists of “39 online survey questions” and will be sent to “207
New Bipartisan House Task Force May Signal Legislative Momentum on Artificial Intelligence
On February 20, Speaker Mike Johnson (R-LA) and Democratic Leader Hakeem Jeffries (D-NY) announced a new Artificial Intelligence (AI) task force in the House of Representatives, with the goal of developing principles and policies to promote U.S. leadership and security with respect to AI. Rep. Jay Olbernolte (R-CA) will chair the task force, joined by
“Greenwashing” Claims Certified For Class Treatment
This blog recently covered a decision from the Northern District of California denying a defendant’s motion for summary judgment on a plaintiff’s “greenwashing” claims, which asserted that defendant’s “non-toxic” and “Earth-friendly” labels were false and misleading. See Bush v. Rust-Oleum Corp., 2024 WL 308263 (N.D. Cal. Jan. 26, 2024). Now, the same court has granted
EU Data Act Regulates Business-to-Business Contracts Relating to Access and Use of Data
While the EU Directive on Unfair Terms in Consumer Contracts prohibits certain clauses in standard (i.e., unilaterally imposed) contracts between businesses and consumers, some recently enacted EU laws restrict the use of certain clauses in standard contracts between businesses (“B2B”). The Data Act is the latest example of such a law, as it prohibits certain
EDPB Clarifies the Notion of “Main Establishment” under the GDPR
On February 13, 2024, the European Data Protection Board (“EDPB”) adopted an opinion on the notion of “main establishment” of a controller in the context of Article 4(16)(a) of GDPR. The opinion aims to clarify (i) the relevant conditions for the determination of whether a controller has a “main establishment” in the EU, for controllers
FCC Seeks Comment on Proposal to Prioritize Locally Produced Media
Last month, the FCC adopted a Notice of Proposed Rulemaking (NPRM) seeking comment on a proposal that it reports is intended to incentivize the production of local media by radio and television broadcast stations. In the NPRM, the FCC proposes to “adopt a processing policy to prioritize evaluation of those applications filed by stations that
China’s Proposed Measures on Contract Manufacturing for Food Could Impact ex-China Food Companies
China’s State Administration for Market Regulation (“SAMR”) recently issued proposed Measures on Supervision and Administration of Entrusted Manufacturing for Food (the “Proposed Measures”). The Proposed Measures expand the rights and obligations of companies that entrust food manufacturing to a licensed food producer in China. Consistent with other recent rules, such as the Administrative Measures for
New Proposed Rule on Pay Equity and Transparency in Federal Contracting
On January 30, 2024, the Federal Acquisition Regulatory Council (“FAR Council”) proposed a new “Pay Equity and Transparency in Federal Contracting” rule for government contractors. The proposed rule intends to increase race and gender equity for employees of federal prime contractors and subcontractors by prohibiting them from requesting and relying on certain information
Rules on Targeted Advertising: What do the Digital Markets Act and Digital Services Act Say?
2023 was marked by the adoption of key EU legislation in the field of data privacy, such as the Digital Services Act (“DSA”) and Digital Markets Act (“DMA”). Both introduce limitations and obligations on online platforms that process personal data for digital advertising. Ahead of the DSA and DMA’s implementation deadlines in February and March
Germany again to reform drug pricing and reimbursement laws – With “confidential reimbursements prices” that impede international reference pricing
In an earlier blog, we wrote that the German regulation of pharmaceutical pricing and reimbursement is one of the most complicated legal areas in the entire world of life sciences laws. With the new draft “Medical Research Act” (Medizinforschungsgesetz or MFG) that came out in January 2024, the German government plans to