You’ve Been Sued: 4 Non-HIPAA Claims in Data Breach Cases

“There is no private right of action under HIPAA.”  This oft-repeated rule is a source of comfort for many health care entities. Of course, patients can file complaints with the Office of Civil Rights or State Attorneys General, but a “HIPAA cause of action” does not exist. So what is the basis for the many […]

The post You’ve Been Sued: 4 Non-HIPAA Claims in Data Breach Cases appeared first on OMW Health Law.

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Time to update your terms and conditions?


The new unfair contract provisions of the Fair Trading Act 1986 took effect from 17 March 2015.

The Commerce Commission has indicated there will be no grace period for businesses to comply.  From 17 March 2015, it has been unlawful to incorporate an unfair term in a standard form of Consumer Contract.

Unfair contract terms relate primarily to clauses in standard form consumer contracts – the main hallmarks of these contracts being that the terms the provider has offered to the consumer have been on a “take it or leave it” basis and importantly the contracts relate to goods and services that are primarily for personal use.  More…

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Garner v. Garner – Can you obtain a court ordered visitation schedule with an elderly parent?

Several years ago, the B.C. Court of Appeal, in Temoin v. Martin, 2012 BCCA 250 [Temoin] discussed the application of a time-honoured principle that English and subsequently Canadian courts had established and which became known as the Court’s parens patriae jurisdiction. Historically, the parens patriae doctrine (which literally means “parent of the country”) vested the Court with the authority to make orders in the best interests of children that were in need of protection. Temoin clarified that the Court’s powers under the parens patriae jurisdiction can also be invoked to make orders necessary for the protection of elderly individuals that have not been formally declared incompetent or incapable of managing their affairs. In Temoin, the Court held that in appropriate circumstances it could make an order compelling an elderly individual to submit to a medical capacity assessment. We provide a detailed discussion of the factual background and the Court’s decision in Temoin in our 2012 blog post discussing “Court Ordered Examinations to Determine Incapacity in British Columbia”.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — March 27, 2015

On Wednesday, the House passed a budget by a vote of 228 to 199. The House budget that passed increased defense spending, a move that was necessary to secure the votes of Republican hawks.

The House’s budget makes cuts to domestic spending on everything from food stamps to welfare. The blueprint also repeals the Affordable Care Act and makes changes to the tax code.

Republicans in the House chose to pass a budget that increased military spending even though that spending would not be offset, a major concession for some fiscal conservatives.

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David Austin interviewed by The Vancouver Sun

Yesterday, David Austin was interviewed by The Vancouver Sun on the subject of the growing tech-sector demand for green power. In the article, David states that the congestion in the Northwest U.S. transmission system has been a long-standing barrier to B.C. signing long-term power contracts in big markets such as California.

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Kochański Zięba Rapala & Partners wins a case for Ringier Axel Springer against Radosław Sikorski, the former Polish Foreign Affairs Minister and current Marshal of the Sejm

Rafal Zieba_portret wwwOn 25 March 2015 the Regional Court in Warsaw entirely dismissed the Statement of Claim submitted by Radosław Sikorski in a case brought against Ringier Axel Springer Polska (RASP), represented by Kochański Zięba Rapala & Partners Law Firm.

Radosław Sikorski was represented by Roman Giertych, advocate. On the side of Radosław Sikorski, as an intervening party, the CHAI Foundation put itself forward to take part in the case, and was also represented by Roman Giertych. Anna Cichonska_portret

Radosław Sikorski brought a legal action against RASP for the comments of internet users which he alleged infringed his personal interests and were published on the internet portal below an article entitled: “Sikorski informed on anti-Semites through internet fora”. Radosław Sikorski took the position that the publisher of the internet portal was responsible for the breach of personal interests by the internet users in accordance with general principles resulting from the Polish Civil Code and Press Law. The claims raised by him, were as follows: removal of comments made by the internet users, publication of apologies on the following internet portals:,,,,,,,,,,,,,, as well as compensation in the amount of PLN 20,000. More…

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KLA Alert – Foreign Trade – March, 2015

Ordinances SECEX 16/2015 and 17/2015, published on March 23, 2015 in the Official Gazette, initiated 2 new investigations to assess the existence of dumping and potential injury to the domestic industry arising from such practice in the exports (i) of polyvinyl chloride canvas (PVC) coated with textile reinforcement on both sides originating from China and South Korea and classified under code 3921.90.19 of the HS, and (ii) unframed mirrors from China and Mexico classified under code 7009.91.00 of the HS.

Specifically in the exports of PVC canvas to Brazil, SECEX assessed absolute and relative dumping margins of US$ 1.72/kg and 110.97% in Chinese exports and US$ 1.32/kg and 67.7% in Korean exports. More…

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The Brazilian National Health Surveillance Agency (“ANVISA”) published on March 11, 2015, the Public Consultation no. 18, initiating the term for comments and suggestions to the text of the RDC Resolution that shall establish provisions related to changes made related to the after-registration of drugs, cancellation of drugs’ registrations, amongst other provisions, all related to the review of RDC Resolution no. 48/2009. The term for contributions started on March, 18 and shall expire on April 17, 2015.

The full text of the proposed Resolution is available on Anvisa’s website and any suggestions must be sent through a specific form available on Anvisa’s website. More…

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Lunch with JobsOhio

We will discuss:


  • What has JobsOhio achieved for business in Ohio?
  • What can JobsOhio do for your business?
  • Revitalization
  • Workforce development
  • Site selection
  • Economic incentive programs
  • Plus, hear from Team NEO about what it is doing for business in Northeast Ohio
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A Look at the European Advertising Landscape

UntitledEven if (or maybe because) your last exposure to European advertising was a heavy metal cough drop commercial from Finland, you may be wondering how things are going over there across the pond. In general, I think the answer is, “Things could be better, but they were a lot worse.”

Ad spending is a kind of economic indicator. When a business, or a sector, or an entire economy heads south, ad spending is one of the first things to get cut. The European Union (EU) has been slower out of the Great Recession than the United States and ad spending didn’t return to growth until 2013, and even then it only grew by only 2.3% in 2014, according to a report by eMarketer.

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