Close X
Attorney Spotlight

What television show influenced Chad Jarboe's decision to pursue a career in the legal field? Find out more>

Search

Close X

Experience

Search our Experience

Experience Spotlight

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

Close X

Thought Leadership

Enter your search terms in the relevant box(es) below to search for specific Thought Leadership.
To see a recent listing of Thought Leadership, click the blue Search button below.

Thought Leadership Spotlight

Healthcare Transactions: Year in Review 2018Last year, CVS Health Corp. (NYSE: CVS) announced it would purchase health insurer Aetna Inc. (NYSE: AET) for $67.5 billion, a transaction that would be one of the biggest healthcare mergers in the past decade. The transaction raises an intriguing question: is this the beginning of a transformational shift in healthcare?

Recently, members of our healthcare group authored the Healthcare Transactions: Year in Review outlining 2017 M&A activity and drivers in the following hot healthcare sectors:

• Managed Care
• Hospitals
• Post-Acute Care—Home Health & Hospice
• Ambulatory Surgery Centers (ASCs)
• Healthcare Information Technology (HIT)
• Behavioral Health
• Physician Practice Management

Read now

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.


Related Services

Notice

Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.