North America

New Federal Law Limits Enforceability of Predispute Nondisclosure and Nondisparagement Clauses Related to Sexual Harassment

The Speak Out Act (the Act), which imposes limits on the judicial enforcement of predispute nondisclosure and nondisparagement provisions as they relate to sexual harassment and sexual assault, was signed into law by President Biden on December 7, 2022.OverviewThe Act provides that with respect to disputes involving sexual harassment or sexual assault, nondisclosure and nondisparagement clauses that were agreed to before a dispute arose are not legally enforceable in instances where the misconduct is alleged to have violated federal, state or tribal law. Read more…

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Spilling Secrets Podcast: Top Trade Secret and Non-Compete Developments of 2022

Now on Spilling Secrets, our podcast series on the future of non-compete and trade secrets law:

The year is coming to a close, and it was a big one in the world of trade secrets and non-competes. In this episode, we’re running down the key trends of 2022.

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Podcast: Spilling Secrets: Top Trade Secret and Non-Compete Developments of 2022 – Employment Law This Week

As featured in #WorkforceWednesday:  This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law.

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Issue Spotting Is Not Whistleblowing

Laws protecting whistleblowers generally afford anti-retaliation protections when employees “step out of their role” to report discrimination and dangerous or illegal activity, but not to employees when they are performing their issue spotting job duties.  Employers who understand this distinction are well positioned to manage underperforming employees in sensitive issue-spotting roles such as information technology, compliance, internal audit and even in-house counsel without running afoul of anti-retaliation laws.  The Second Circuit Court of Appeal’s recent decision affirming the Southern District of New York’s dismissal of whistleblower retaliation claims in Johnson v. Board of Education Retirement System of City of New York illustrates this distinction.

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Unpacking Averages: The Difference Between Data and the Truth: Comparing FDA’s UDI Database with FDA’s 510(k) Database

It is certainly easy, when writing code to accomplish some data science task, to start taking the data on face value.  In my mind, the data can simply become what they claim to be.  But it’s good to step back and remember the real world in which these data are collected, and how skeptical we need to be regarding their meaning.  I thought this month might be an opportunity to show how two different FDA databases produce quite different results when they should be the same.

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HHS Warns HIPAA Covered Entities and Business Associates That Use of Website Cookies, Pixels and Other Tracking Technology May Violate HIPAA Rules

On December 1, 2022, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) published a bulletin warning that commonly used website technologies, including cookies, pixels, and session replay, may result in the impermissible disclosure of Protected Health Information (“PHI”) to third parties in violation of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The bulletin advises that “[r]egulated entities are not permitted to use tracking technologies in a manner that would result in impermissible disclosures of Protected Health Information (“PHI”) to tracking technology vendors or any other violations of the HIPAA Rules.” The bulletin is issued amidst a wider national and international privacy landscape that is increasingly focused on regulating the collection and use of personal information through web-based technologies and software that may not be readily apparent to the user.

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Health Care M&A Transactions: Securing Key Employees with Restrictive Covenants

Our colleagues Erik Weibust, Carter DeLorme, and Philip Antablin co-authored an article in AHLA’s Health Law Connections, titled “Securing Key Employees in Health Care M&A Transactions with Restrictive Covenants.” (Read the full version – subscription required.) 

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Modifications et ajouts à la Loi sur l’accès aux documents des organismes publics et sur la protection des renseignements personnels

Only available in French

Le 22 septembre dernier, de nouvelles dispositions amendant la Loi sur l’accès aux documents des organismes publics et sur la protection des renseignements personnels, RLRQ c A-2.1 [Loi] sont entrées en vigueur.

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Overview of the New Provisions of the Act Respecting the Protection of Personal Information in the Private Sector — What are the Implications for Employers?

The Act to modernize legislative provisions as regards the protection of personal information, SQ 2021, c. 25, amending the Act respecting the protection of personal information in the private sector, CQLR c P-39.1 [Act], among others, was proclaimed in force on September 22, 2021. Several provisions came into force on September 22, 2022. The bulk of the amendments, however, will come into force only on September 22, 2023.

As employers will face new obligations at that date, it is important to bear in mind both existing and upcoming rules.

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Podcast: Post-Dobbs: Access to Reproductive Health Care and Abortion-Inducing Drugs – Diagnosing Health Care

In this episode of the Diagnosing Health Care Podcast:  In the aftermath of the Dobbs v. Jackson Women’s Health Organization decision, important questions have emerged about the current legal and regulatory landscape surrounding patient access to drugs that have historically been used to induce abortions.

How can health care providers and pharmacies navigate these new restrictions?

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