North America

Cybersecurity Best Practices for the Healthcare Industry

The 25th episode of McDonald Hopkins’ podcast series MH Business Exchange has been released.

During the episode entitled “Cybersecurity Best Practices for the Healthcare Industry,” McDonald Hopkins healthcare attorney Rick Hindmand joins host Mike Witzke for a deeper dive into the topic.

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Free the Data! . . . Better Think Twice . . . . Legal Issues regarding Data Sharing and Secondary Data Use

Data is king!  A robust privacy, security and data governance approach to data management can position an organization to avoid pitfalls and maximize value from its data strategy. In fact, some of the largest market cap firms have successfully harnessed the power of data for quite some time.  To illustrate this point, the Economist boldly published an article entitled “The world’s most valuable resource is no longer oil, but data.”  This makes complete sense when research shows that 90% of all data today was created in the last two years, which translates to approximately 2.5 quintillion bytes of data per day.

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Our firm went RED today in support of American Heart’s Go Red For Women.

National is held the 1st Friday of Feb to raise awareness about heart disease being the #1 killer of women. Our offices raised more than $1,300 today!

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Connolly Gallagher attorney, Holly receives 2019 Del-Mar-Va Boy Scouts of America Award

Congratulations!

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Second Court Calls into Question Viability of Employee Non-Solicitation Agreements

As we’ve discussed, the California Court of Appeal in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., recently ruled that a broadly worded contractual clause that prohibited solicitation of employees for one year after employment was an illegal restraint on trade under California law.

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Seventh Circuit Holds External Job Applicants Cannot Pursue Disparate Impact Claims Under the Age Discrimination in Employment Act

In a major decision sure to provoke controversy and legislative attempts to overrule it, the en banc Seventh Circuit, by a vote of 8 to 4, has held in Kleber v. CareFusion Corp., (No. 17-1206, Jan 23, 2019), that Section 4(a)(2) of the federal Age Discrimination In Employment Act (“ADEA”) does not provide rejected external applicants with a cause of action.

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Governor Cuomo Announces Proposal to Crack Down on Wage Theft

On January 24, 2019, Governor Cuomo’s office issued a press release announcing a new proposal to be included in the 2020 Executive Budget aimed at cracking down on wage theft and bolstering the State’s efforts to hold accountable employers who attempt to improperly withhold wages. This proposal would increase the criminal penalties for employers who either knowingly or intentionally commit wage theft violations to bring them in line with other forms of theft.

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Governor Cuomo Proposes to Strengthen Protections Against Harassment In the Workplace

Building on progressive legislation passed last year, Governor Andrew Cuomo announced a sweeping proposal to strengthen protections against harassment in the workplace. The four part sexual assault and harassment safety reforms initiative, titled “TIME’S UP New York Safety Agenda,” is contained in the Governor’s 2019 Executive Budget, which was released on January 22, 2019. The safety reforms seek to prevent sexual harassment and assault from occurring while simultaneously enabling survivors to seek justice.

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FDA Issues Draft Guidance Related to Biomarker Qualification

On December 11, 2018, the Food and Drug Administrative (“FDA”) issued a draft guidance for comment entitled, “Biomarker Qualification: Evidentiary Framework” (the “Guidance”).  The Guidance provides insight regarding standards for biomarker qualification under the 21st Century Cures Act (“Cures Act”).[1]

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RSS hires four articled students after their call to the Bar

The last few days of 2018 were highlighted by the call to the Bar of four articled students who accepted our offer to join the firm as lawyers.  We are proud to have within our ranks:

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