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Healthcare Providers Beware: HIPAA Applies When Complying With Subpoenas Posted on: August 18, 2020 In: COVID-19 Response
Much scrutiny has been given to the treatment for COVID-19 and the use of funds in fighting it. In time, the local, state, and federal governments will be investigating or prosecuting organizations accepting COVID-19 funds or treating those with the coronavirus. Covered entities, such as healthcare providers and health plans, might be served with subpoenas and discovery requests. It is important to know how to manage the release or disclosure of patient information subject to these requests.
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Tags:
hipaa, personal data, protected health information, subpoenas, covid-19
How Employers Can Best Accommodate Working Parents During COVID-19 & Avoid Discrimination Claims Posted on: July 02, 2020 In: COVID-19 Response
COVID-19 has resulted in no schools, no child care, and no after school activities, leaving no option for many working parents but to stay home and care for their kids while working full-time jobs. Working parents are struggling to balance childcare responsibilities and job responsibilities during these tough times. Additionally, employers are struggling to stay in business, leading to record lay-offs and unemployment. The result? Legal experts predict a significant increase in litigation.
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Tags:
covid-19, coronavirus, working parents, fmla, ada, discrimination
Business Email Compromise Attacks on the Rise in 2020 Posted on: June 18, 2020 In: COVID-19 Response
A business email compromise (BEC) is a cyber crime that utilizes access to an organization’s email to defraud that organization and its employees, customers, or partners. In 2020, COVID-19 has provided attackers with a new source for BEC exploits. Attackers are taking advantage of the need for communications surrounding COVID-19 and increased remote work connections from employee home networks to their employers’ corporate networks.
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Tags:
data privacy, cybersecurity, phishing, multi-factor identification, cyber threat, covid-19
Three Tips to Mitigate Employment Discrimination Risks As Stay-at-Home Orders Are Lifted Posted on: May 21, 2020 In: COVID-19 Response
Many businesses are now being challenged to return some or all of their furloughed employees to work based on the modification or elimination of stay-at-home orders and other state and local restrictions. This post discusses three tips that employers should consider to help mitigate the risks of exposure to employment discrimination claims under federal, state, and local laws as this process unfolds.
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Tags:
return to work, eeoc, human resources, disability, covid-19, coronavirus
Enforcing Safety Measures While Maintaining Compliance with Title III of the Americans with Disabilities Act: Four Considerations Posted on: May 20, 2020 In: COVID-19 Response
Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability “in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.” Notably, this prohibition applies to both the built environment and to the policies and procedures affecting how a business provides goods and services to its customers.
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Tags:
ada, compliance, social distancing, covid-19, website accessibility
Work-From-Home: Five Tips to Avoid Overtime Liability Posted on: May 11, 2020 In: COVID-19 Response
By now, the coronavirus pandemic has caused considerable disruption to most employers. In light of various restrictions imposed under various stay-at-home orders, many employers have been forced to adopt Work-From-Home (WFH) policies on the fly, without the benefit of preparation or advice from legal counsel regarding potential liabilities that these policies can involve.
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Tags:
work-from-home, overtime, payroll, covid-19, coronavirus
New York City Council Proposes Essential Workers’ Bill of Rights Posted on: May 08, 2020 In: COVID-19 Response
In April, the New York City Council introduced a sweeping legislative package designed to aid small businesses, essential workers, tenants, and the homeless in the five boroughs during the ongoing COVID-19 pandemic. The package includes a series of bills the Council calls the “NYC Essential Workers’ Bill of Rights,” which would require large employers to provide additional protections and hazard pay to hourly workers assisting the city’s efforts to continue to operate during the COVID-19 pandemic.
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Tags:
new york city, essential workers, covid-19, coronavirus, paid leave, employment law
EEOC Provides Guidance for Businesses Contemplating Return-to-Work Policies and Procedures Posted on: May 06, 2020 In: COVID-19 Response
As the COVID-19 pandemic continues to unfold, employers are adjusting their practices on an ongoing basis in accordance with ever-changing government guidelines. Indeed, the United States Equal Employment Opportunity Commission (EEOC) recently updated its recommendations for how employers may comply with the Americans with Disabilities Act (ADA) and other employment laws as employees begin to return to work. This post summarizes the key elements of these updated guidelines.
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Tags:
return to work, eeoc, ada, covid-19, coronavirus, harassment, workplace safety
Trademark Lawsuits Used to Stop Exploitative Pricing Markup of Protective COVID-19 N95 Masks Posted on: April 29, 2020 In: COVID-19 Response
At a time when the world is grappling with the COVID-19 pandemic and the critical need for personal protective equipment, intellectual property owners have brought trademark infringement lawsuits to stop pandemic profiteers from price-gouging and engaging in other misleading tactics. These lawsuits demonstrate the power that intellectual property law has to protect valuable brands and stomp out outrageous conduct.
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Tags:
trademark law, 3m, covid-19, coronavirus, price gouging
Money for Nothin’ (If You’re Eligible): A Pandemic Response That ‘CARES’ Posted on: April 22, 2020 In: COVID-19 Response
By now we have all probably heard that the Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, which seeks to pump an estimated $2 trillion into the economy, was signed into law on March 27, 2020. But what about employees who have been told they cannot work because their employer has to cut back or completely shut down for an unknown amount of time? The following is a brief overview of the benefits available to those who are out of work as a result of the COVID-19 pandemic.
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Tags:
unemployment benefits, cares act, coronavirus, covid-19
Accounting Firm Vulnerability During Tax Season – Now Extended to July 15 Posted on: April 16, 2020 In: COVID-19 Response
Last month, the IRS extended the usual April 15 tax filing deadline to July 15. While this brings relief to those facing financial hardship due to the COVID-19 pandemic, it also extends the window of opportunity for cybercriminals to attack accounting firms.
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Tags:
irs, tax return, identity theft, fraud, data security, covid-19, coronavirus
How to Protect Yourself from Zoom-Hijacking Posted on: April 09, 2020 In: COVID-19 Response
On March 30, 2020, the FBI announced that it has received multiple reports of video-teleconferencing (VTC) hijacking attacks in recent weeks. The attacks target the VTC platform Zoom and involve unidentified individuals joining online meetings and disrupting them with pornographic and/or hate images and speech. This type of attack is being referred to as “Zoom-bombing.”
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Tags:
fbi, zoom, video-teleconferencing, hacking, data privacy, covid-19, coronavirus

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