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How does Jessie Zeigler anticipate the intersection of privacy and smart technology will impact the future of litigation? Find out more>

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Primary Care Providers Win Challenge of CMS Interpretation of Enhanced Payment Law

With the help and support of the Tennessee Medical Association, 21 Tennessee physicians of underserved communities joined together and retained Bass, Berry & Sims to file suit against the Centers for Medicare & Medicaid Services to stop improper collection efforts. Our team, led by David King, was successful in halting efforts to recoup TennCare payments that were used legitimately to expand services in communities that needed them. Read more

Tennessee Medical Association & Bass, Berry & Sims

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Thought Leadership

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Healthcare Private Equity Compliance Checklist

The complex and ever-changing healthcare regulatory and enforcement environment, including increased focus on the role of private equity firms in their portfolio companies, make compliance a top priority for private equity firms investing in healthcare companies. The best way to limit your exposure as a private equity firm is to avoid a compliance misstep in the first place. Additionally, an effective and robust compliance program for your portfolio healthcare company makes it much more attractive to potential buyers and helps you avoid an unexpected and costly investigation or valuation hit down the road. Download the Healthcare Private Equity Compliance Checklist to assess whether your portfolio company's compliance program is up-to-date.

Click here to download the checklist.

Data Security & Privacy Litigation Update: Notes From Yesterday's IAPP Summit

Publications

March 7, 2014

For our in-house counsel clients and friends, here are a few "bits and bytes" from yesterday's "Privacy Litigation Risks: Update from the Trenches" session at the International Association of Privacy Professionals ("IAPP") Summit in Washington D.C.

Collecting Customer Zip Codes: What has been a common practice of many retail businesses – the practice of collecting customer zip codes at the point of sale – is now the subject of multi-state prohibitions and a tsunami of class action lawsuits. 16 states and the District of Columbia now have statutes banning the collection of customer zip codes under certain circumstances. The statutes vary in applicability and exceptions; however, the overall takeaway is that collecting customer zip codes and other PII in connection with sales or credit card transactions needs to be carefully evaluated for risk and compliance.

Cookie Tracking: Though they persist, cookie tracking class action lawsuits are still not gaining much traction. They have moved from federal courts, to state courts, and back to federal courts. However, plaintiffs are still having difficulties establishing damages and standing. That said, as technology changes and class action theories change, the most proactive step a company can take to protect itself remains full transparency about its use of cookies in its website privacy policy and terms of use.

Data Breaches: Class action litigation following data breaches has featured a multitude of different claims and theories of liability. Claims based on breach of contract, unjust enrichment, bailment, and invasion of privacy have generally been rejected, while claims based on common law negligence and consumer protection statutes are beginning to find some success.  At least some courts have allowed such claims to proceed in cases alleging "unreasonable" security measures or deceptive disclosures about security measures. Plaintiffs are still having difficulties establishing actual damages and the requisites for class certification; however, the threat remains, and the defensive costs are mounting.

If you are interested in more notes from the IAPP Summit, click here.

Feel free to contact a member of our Data Privacy & Security team if you have questions about data security, privacy or cyberliability issues.


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