New York Law Journal | Analysis
By Elisa Reiter and Daniel Pollack | December 28, 2023
Confidentiality facilitates honest communication by assuring patients that the details of their lives, shared with their health care providers, will remain private. Yet, mental health professionals in some states are imposed with a duty to warn, requiring them to take reasonable steps to protect potential victims of their clients. However, not every state adheres to the concept of the duty to warn taking precedence over the need to maintain client confidentiality.
New York Law Journal | Commentary
By Kaitlin Puccio | November 15, 2023
The New York Medical Aid in Dying Act would provide terminally ill patients with access to prescription medications they can take to hasten their death. If the law is enacted, New York would join 10 other states and the District of Columbia in making this option available.
By Alan W. Clark | November 15, 2023
Trial attorney Alan Clark discusses the HIPAA privacy right to access and pending amendments to section 18 which expand the right to access but, in the author's view, do not adequately address these deficiencies and other provisions which appear to be in violation of federal regulations established under HIPAA, HITECH, and the 21st Century Cures Act.
New York Law Journal | Analysis
By Martin Flumenbaum and Brad S. Karp | August 22, 2023
This article addresses the Second Circuit's decision on whether Connecticut's repeal of religious exemptions from vaccination requirements for children to attend schools violated various constitutional rights. This decision will likely be an important precedent for policymakers considering similar bills in the wake of the public debate surrounding vaccination mandates in the post-COVID-19 world.
By Jane Wester | August 1, 2023
Gilead's attorneys Geoffrey Potter and Timothy Waters of Patterson Belknap Webb & Tyler advocated for the continued asset freeze.
By Jane Wester | July 6, 2023
Teladoc, represented by attorneys at Paul, Weiss, Rifkind, Wharton & Garrison, argued that the virtual health care company was transparent about the "risks and challenges" of the deal.
By Peter A. Crusco | June 26, 2023
A discussion of the legality and various evidentiary issues concerning digital repositories of prescriptions.
By Brian Lee | June 9, 2023
Consistent with previous "Big Three" opioid distributor agreements, the settlements require 85% of the funds be allocated to programs that address the ongoing opioid crisis through treatment, education and prevention efforts.
New York Law Journal | Analysis
By Andrew Cohen | May 15, 2023
Case studies are rare in legal finance due to the confidential nature of transactions, but they are particularly helpful to in-house lawyers as they consider how legal finance could benefit their businesses. Burford's financing of several health insurers in the risk corridors litigation is a rare public example.
By Jane Wester | May 4, 2023
Jones Day is counsel for a European-based company in the lawsuit over contractual rights and obligations.
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