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Expert Analysis

• 2 Major Digital Health Trends Driven By COVID-19

  

  The COVID-19 pandemic and resulting regulatory flexibility have enabled rapid development of information technology and big data in the digital health space that may continue to accelerate in the years ahead, say attorneys at Ropes & Gray.

• How New Kickback Rules Benefit Health Care Industry: Part 2

  

  While the U.S. Department of Health and Human Services' changes to the Anti-Kickback Statute and Stark Â鶹´«Ã½ related to value-based health care delivery and payment garnered the most attention from the health care industry, the new rules include a number of other industry-friendly changes, say Karen Lovitch and Rachel Yount at Mintz.

• How COVID-19 Accelerated Telehealth In 2020

  

  Telehealth experienced unprecedented expansion due to COVID-19 in 2020, and its technological, legal and logistical trajectory is poised to continue beyond the pandemic, say attorneys at Marshall Dennehey.

• How New Kickback Rules Benefit Health Care Industry: Part 1

  

  Recently finalized U.S. Department of Health and Human Services rules, implementing changes to the Anti-Kickback Statute and Stark Â鶹´«Ã½, advance the health care industry's transition to value-based care by removing obstacles to innovative cost-sharing arrangements, say Karen Lovitch and Rachel Yount at Mintz.

• COVID-19 Vaccines Unlikely To Create Litigation Opportunities

  

  Although COVID-19 vaccines are on the horizon, litigation opportunities may be limited due to the Public Readiness and Emergency Preparedness Act's significant liability protections for not only vaccine manufacturers, but also virtually all entities in the supply chain, say Eric Kraus and Jennifer Shah at Phillips Lytle.

• Overcoming Immunity Of Foreign Gov't Cyberattack Sponsors

  

  To combat the emerging threat of foreign state-sponsored cyberattacks on U.S. businesses and citizens, litigants need to creatively argue for exceptions to immunity under the Foreign Sovereign Immunities Act for foreign governments, say Jerry Goldman and Bruce Strong at Anderson Kill.

• The State Of Consumer Class Actions Amid COVID-19

  

  While the pandemic has slowed the filing of consumer class actions, they remain a significant part of the litigation landscape — with false labeling claims remaining particularly popular, likely because they are easy to file and frequently survive motions to dismiss, say attorneys at Skadden.

• Anticipating The Biden Administration's Health Care Agenda

  

  The Biden administration is unlikely to successfully push sweeping and partisan health care legislation in the next two years, but it will be able to reverse a litany of Trump administration policies pertaining to the Affordable Care Act, reproductive health care and more, say Nick Manetto and Ilisa Halpern Paul at Faegre Drinker.

• What Biden Presidency May Mean For Data Privacy Litigation

  

  The administration of President-elect Joe Biden will likely bring major changes to data privacy law and attendant litigation, including federal legislation that could preempt state laws, renegotiation of conditions for EU data transfers to the U.S., and increased Federal Trade Commission enforcement activity, say attorneys at Squire Patton.

• 5 Tips For In-House Counsel Anticipating Cyber Class Actions

  

  In light of a 270% increase in data breaches this year, and the attendant class actions, in-house counsel can prepare to efficiently manage litigation by focusing on certain initial steps, ranging from multidistrict litigation strategy to insurance best practices, say David McDowell and Nancy Thomas at MoFo.

• Where Data Privacy And CFPB Are Headed Under Biden

  

  Data privacy is likely to be a key area of legislative and enforcement focus for President-elect Joe Biden, and consumer financial protection is expected to be an immediate priority due to the economic impact of the pandemic, with the most drastic shift likely to occur at the Consumer Financial Protection Bureau, say attorneys at Gibson Dunn.

• Ethics Considerations For Â鶹´«Ã½ Firms Implementing AI

  

  Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

• The Legal Implications Of Mobile Health Advancements

  

  With the pandemic rapidly accelerating the timeline for the shift to remote and mobile health care, providers will need to keep a close eye on new privacy and cybersecurity risks, and on new potential to collect real-time information from patients, say attorneys at Squire Patton.