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Anti-Social Media – How a Post Becomes a HIPAA Violation

Compliancy Group

PHI is the data that the HIPAA Security Rule requires to be encrypted, whether in motion or at rest. For example, if a patient posted a family holiday picture and tagged you in the post, a response like “so glad we could get him home for the holidays” will likely earn you a HIPAA violation.

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Peculiar MDL Procedures Again Disadvantage Defendants

Drug & Device Law

1407, contemplates for cases to enter the MDL is through “tag along actions” processed by the Judicial Panel on Multidistrict Litigation. The defendant’s summary judgment motion “argu[ed] that under the applicable state law, an asymptomatic. . . Unfortunately for the defendant, that procedural quirk turned out to be important.

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Third Circuit Tosses Criminal Charge that Unauthorized Ingredient Source was Introduction of a “New Drug” 

Drug & Device Law

The company was also tagged with a count of mail fraud. But when creativity becomes a little too expansive, smart defense lawyers might file a motion and smart judges might grant it. The operative indictment charged the three defendants with conspiracy to defraud and to commit offenses against the United States. section 355(a).

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Pelvic Mesh Remand Case Fizzles Out Again

Drug & Device Law

While some plaintiffs might pack it in or perhaps sue their own counsel, the Donalds plaintiff filed a motion to reconsider and, after that was denied, appealed. Citing Joiner and the Fourth Circuit’s strong decision in Sardis the Donalds panel tagged the expert’s opinion as merely ipse dixit. Ethicon, Inc. ,