Health Care Providers and Business Associates Beware: Use of Online Tracking Technology May Violate HIPAA
Entities regulated by the Health Insurance Portability and Accountability Act (HIPAA) may be surprised to learn that use of certain online tracking technology may result in inadvertently sharing information protected under HIPAA with unauthorized third parties. On December 1, 2022, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services issued guidance with far-reaching implications for HIPAA regulated entities highlighting their HIPAA compliance obligations when using third-party online tracking technologies designed to collect and analyze information pertaining to a user’s interaction with the regulated entity’s webpages and mobile apps.
Kentucky Becomes 38th State to Legalize the Use of Medical Cannabis
On March 31, 2023, Governor Andy Beshear signed Senate Bill 47 into law legalizing the use of medical cannabis in the Commonwealth. The bill establishes a structure to regulate the medical cannabis program, including dispensaries, cultivators, practitioners, processors and products, and a procedure for issuing identification cards to patients and caregivers. The bill establishes the authorization process for practitioners to recommend the use of medicinal cannabis and establishes the cannabis business license application process and requirements.
“To Text or Not to Text…” Challenges to Defending Employment Matters Involving Text Messages
A client recently received a litigation hold letter from an attorney representing a former employee. It demanded retention and preservation of all “documents and data” relating to or concerning the former employee, their work performance, and termination. The definition of documents and data also included all electronically stored information, “. . . such as e-mail, voicemail, . . . digital audio or video recordings, instant messages, text messages, social media posts, . . . and any other electronic information created, maintained or received by you.”
Significant Merchant Electric Legislative Amendments Head to Governor's Desk
Over the past several years, Kentucky, similar to other states, has received many applications for industrial-scale solar generation and energy storage facilities in rural areas across the Commonwealth. Up to this point in time, seeking and receiving a Certification for Construction from the Kentucky State Board on Electric Generation and Transmission ("Siting Board") followed a framework developed before recent commercial interest in large-scale solar development arose in Kentucky. Attorney Bill Gorton takes a look at the issues and concerns that have arisen.
IP vs. PR: Lessons From the Dungeons and Dragons Open Game License Controversy
Wizards of the Coast, LLC (“WOTC” or “Wizards”) and its parent company Hasbro, Inc. (“Hasbro”) recently found themselves facing unexpected backlash from their attempt to modify an existing license agreement which they had in place with content creators, the Open Game License (OGL), which allowed those creators to use game mechanics and other elements from the Dungeons and Dragons (D&D) table-top role playing game. IP attorney TJ Mihill takes a look at what's going on.
Strengthening Buy America Requirements
In his recent State of the Union speech, President Biden highlighted an intention to increase enforcement of Buy America requirements for federally funded infrastructure projects. The next day, the Office of Management and Budget (OMB) issued a proposed rule and notice of proposed guidance aimed at standardizing the implementation of the Build America, Buy America provision of the bipartisan Infrastructure Investment and Jobs Act (IIJA or Act) enacted in November 2021. This proposed guidance is intended to clarify and strengthen enforcement of the Buy America requirements. Contractors pursuing and working on infrastructure projects funded by the Act need to be aware of these requirements summarized below.
Kentucky Lawmakers Considering Comprehensive Data Privacy Legislation
Kentucky may soon join the growing number of states that have enacted data privacy legislation. On January 3, 2023, Senator Whitney Westerfield and Senator John Schickel introduced Senate Bill 15, which, if passed, will create new sections of KRS Chapter 367 to establish consumer protection rights for Kentucky residents relating to personal data.
Scammers are Now Impersonating the USPTO: What You Need to Know
Recently the U.S. Patent and Trademark Office (USPTO) issued a Notice pertaining to a recent development in fraudulent communications pertaining to U.S. Trademark registrations and registration applications. Scammers are and have been accessing publicly available Trademark information and directly contacting applicants/registrants.