The role of technology and data continues to expand in both corporate operations and day-to-day interactions. Companies are at a critical crossroads of how to leverage this connectivity while protecting themselves from cyberattacks, data breaches, and an increasingly complicated regulatory environment. Morgan Lewis is closely tracking the explosion of data privacy laws and technological innovations to help major industries around the globe understand how these changes could affect their businesses.
The Centers for Medicare & Medicaid Services (CMS) recently released a table copy of its calendar year 2022 Medicare physician fee schedule proposed rule. The proposed rule is chock full of policy updates concerning telehealth, remote physiologic monitoring (RPM), and new remote therapeutic monitoring codes. Coming on the heels of the significant telehealth waivers put in place during the COVID-19 public health emergency (PHE), CMS proposes to continue the steady expansion of virtual care options with this rule.
The United Kingdom’s Department for Digital, Culture, Media & Sport (DCMS) is requesting views on supply chain cybersecurity, which it will look to incorporate into its new National Cyber Security Strategy.
The Federal Communications Commission on June 17, 2021, unanimously approved relaxed rules regarding the importation and marketing of a broad range of radiofrequency devices, such as computer equipment, smartphones, wireless audio equipment, Wi-Fi routers, Internet of Things devices, and more.
The European Commission has finally approved two decisions on 28 June granting the United Kingdom the cherished status of having “adequate” data protection laws so that transfers of personal data from the European Union are not restricted. The decisions follow months of negotiations after the Brexit transitional period ended on 31 December 2020 and before the temporary adequacy bridge is due to end on 30 June 2021.
China’s new Data Security Law includes more expansive and restrictive requirements on data localization, mandatory security level certification, and severe penalties on unauthorized foreign transfer of data.
A common concern of parties involved in technology transactions is the potential high costs incurred in the event of a data breach. In an attempt to establish the legitimacy of the amounts one can actually expect to face, the Ponemon Institute, considered the preeminent research center dedicated to privacy, data protection, and information security policy, published the Cost of a Data Breach Report setting forth a vast data set that analyzed data breaches at over 500 organizations to spot trends and developments in security risks and best practices.
The Basel Committee on Banking Supervision (Basel Committee), a committee of global central bankers and regulators, issued a Consultative Document on June 10 on the prudential treatment of cryptoasset exposures for international banks (the Proposal). The Basel Committee has asked for comments by September 10, 2021.
The European Cloud User Coalition (ECUC) published a paper (the Position Paper) on May 17 recommending, among other matters, the adoption of “model clauses” for the long-term compliant use of cloud technologies.
Partner Klair Fitzpatrick spoke with Bloomberg Law about some of the workplace privacy and safety regulations being enacted at the state level as more employees return to the office.
Morgan Lewis partner Elizabeth Goldberg was quoted in a Law360 article regarding the new policies emerging in the employment benefits area.
Partner Elizabeth Goldberg was quoted in a Bloomberg Law article regarding the US Department of Labor Employee Benefits Security Administration’s (EBSA’s) recent enforcement of its cybersecurity guidance for fiduciary plans.
After California and Virginia, the state of Colorado has now also reformed its data protection law: On June 8th, 2021, the legislature of this state passed the Colorado Privacy Act (CPA).
Partner Nick Bolter and associate Martin Whittle authored an article for Managing IP about design rights in the UK and EU following Brexit. In the article, Nick recommends designers register for design protection in both the UK and the EU.
Partner Pulina Whitaker authored an article for The Legal Diary regarding the UK government’s plan to develop a National Health Service (NHS) database of all general practitioner records from the last decade. Pulina highlights the potential data privacy challenges.
Morgan Lewis partner Matthew Hawes was quoted in a Pensions & Investments article regarding the DOL’s Employee Benefits Security Administration’s (EBSA’s) cybersecurity audit of plan fiduciaries.
Partner Elizabeth Goldberg was quoted by Bloomberg Law in an article about the US Department of Labor’s (DOL’s) release of its cybersecurity guidance for retirement plans. According to the article, Elizabeth said that the guidance reveals how seriously the DOL’s Employee Benefits Security Administration is taking the threat of cybersecurity and that all service providers, whether or not they are fiduciaries, should take note of potential enforcement actions.
Join us for guidance on US federal, state, and local regulatory implications for your service offerings throughout the telecommunications industry.
Please join us for the next installment of the Morgan Lewis Automotive Hour Webinar series, focused on Power and Opportunity: EVs, Hydrogen and Other Vehicle Power.
In this Automotive Hour, intellectual property partners Rachelle Dubow, Josh Dalton, and Nick Bolter will discuss copyright, design, and trademark issues impacting automotive businesses in the United States, Europe, and China, including the protection of product designs and logos with copyright, challenges in enforcing automotive trademarks, the European design regime, and recent examples of copycat vehicles in China.
In this webinar, Clarivate patent analysts Arun Hill and Aditi Varshney will be joined by Morgan Lewis patent attorney and AI hardware authority Kannan Narayanan. Together, they will unpack their recent AI hardware patent landscape analysis. The panelists will discuss critical questions about current AI hardware trends and technology improvements, the art and strategy of patent landscape analysis, and how any company can incorporate patent landscape analysis into its innovation strategy.