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6 Apr 2020, 1:36 pm by Elliot Setzer
Event Announcements (More details on the Events Calendar) Tuesday, April 7, 2020, at 10:00 a.m.: The Carnegie Endowment for International Peace will hold a webinar on presidential leadership in times of crisis. [read post]
”[6]  Indeed, some parties and courts go so far as to suggest that ‘willful infringement’ is an independent cause of action, despite the Patent Act not mentioning or suggesting that such a cause exists.[7]  Rather, as the Supreme Court clarified in Halo, willful misconduct is simply one example—albeit the archetype—of culpable behavior that may justify enhanced damages.[8] In practice, the determination of a claim for enhanced damages is a two step process:… [read post]
3 Apr 2020, 12:00 am by David Kopel
[Wearing improvised masks in public will help defeat the viral invasion] Fast reduction of the COVID-19 pandemic is necessary for public health, re-opening the American economy, restoration of rights and liberties, and prevention of large second or third waves. [read post]
30 Mar 2020, 9:01 pm by Joanna L. Grossman
As the Court explained, the “defense comprises two necessary elements: (a) that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise. [read post]
30 Mar 2020, 12:12 pm by Elliot Setzer
Event Announcements (More details on the Events Calendar) Tuesday, March 31, 2020, at 9:30 a.m.: The Atlantic Council will host a virtual discussion of great power competition between the U.S., Russia and China. [read post]
30 Mar 2020, 10:02 am by RCoffield@fsblaw.com
 HIPAA permits a covered entity to disclose PHI to a public health authority (such as the Centers for Disease Control and Prevention (CDC), or state, tribal, local, and territorial public health departments) that is authorized by law to collect or receive PHI for the purpose of preventing or controlling disease, injury, or disability, including for public health surveillance, public health investigations, and public health interventions. 45 CFR 164.512(b)(1)(i); see also 45 CFR… [read post]
26 Mar 2020, 2:48 pm by RCoffield@fsblaw.com
 HIPAA permits a covered entity to disclose PHI to a public health authority (such as the Centers for Disease Control and Prevention (CDC), or state, tribal, local, and territorial public health departments) that is authorized by law to collect or receive PHI for the purpose of preventing or controlling disease, injury, or disability, including for public health surveillance, public health investigations, and public health interventions. 45 CFR 164.512(b)(1)(i); see also 45 CFR… [read post]
Moreover, designations are not necessary for the following: (a) workers in health care and public health; (b) workers who perform necessary government activities; and (c) workers and certain specifically identified volunteers, such as those at businesses or operations that provide food, shelter, and other necessities of life for economically disadvantaged or otherwise needy individuals, and people with disabilities. [read post]
23 Mar 2020, 2:06 pm by Elliot Setzer
Event Announcements (More details on the Events Calendar) Monday, March 23, 2020, 8:30 p.m.: The Lawfare Institute will host a virtual Q&A to discuss the federal government’s legal authorities in a public health crisis. [read post]
20 Mar 2020, 1:58 am by Dennis Crouch
Click-to-Call, argued last December, should affirm that § 315(b) determinations are judicially reviewable. [read post]