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Expert Analysis

• 17 Best Practices For Defending Against Ransomware Attacks

  

  Following the biggest ransomware attack on record against U.S. businesses by the Russia-linked group REvil, and in the absence of legislative requirements, companies can protect themselves by not just adopting but actually implementing and testing several practical safeguards, say attorneys at Hall Booth.

• 4 Considerations In Light Of Cyber Incident Notification Bill

  

  Following the recent introduction of a bipartisan bill that would require government contractors and critical infrastructure operators to report cyber intrusions to the federal government within 24 hours, companies should take several steps to assess their preparedness for identifying vulnerabilities and mitigating the risk of cyberattacks, say attorneys at Squire Patton.

• Texas Case Boosts Defense Challenges To Medical Expenses

  

  The Texas Supreme Court's June decision in Allstate Fire and Casualty Insurance Co. makes it clear that defense experts with knowledge of medical billing codes can challenge the reasonableness of medical charges even if they are not health care providers in a particular specialty, say Robert Smith and Emiliano Farciert at Lorance Thompson.

• Surprises May Lurk As 'No Surprises Act' Meets State Law

  

  The No Surprises Act, which takes effect in January, introduces federal requirements to protect consumers from surprise medical bills, but also defers to certain state laws, which will present significant operational challenges for providers and payors determining whether the federal law, state law or both will apply to a course of treatment, say Alexandra Lucas and Christian Martin at Reed Smith.

• Benefits Ruling Contradicts Intent Of ERISA, Disability Plans

  

  A Massachusetts federal court’s recent ruling in DeBold v. Liberty Life Assurance, upholding the insurer’s finding that rollover retirement funds could reduce disability payments, is inconsistent with the purpose of the Employee Retirement Income Security Act and eviscerates a disability benefits plan's goal of providing financial support during an employee’s working years, says Mark DeBofsky at DeBofsky Sherman.

• Managing Risk After SEC's Cyber Enforcement Action

  

  The U.S. Securities and Exchange Commission's recent enforcement action against First American Financial over deficient cybersecurity disclosures shines a light on risk management and reporting best practices as financial regulators ramp up cybersecurity scrutiny, say Ira Rosner and Shardul Desai at Holland & Knight.

• Cos. Need ESG Strategies That Address Climate Change

  

  As consumers, investors and the federal government become increasingly vocal about climate change, companies must incorporate climate concerns into their environmental, social and governance policies to reduce risk, ensure compliance, protect their brands and enhance resiliency, says Todd Roessler at Kilpatrick.

• How New AML Law Will Apply To Life Settlement Industry

  

  Nonexempt life settlement entities should expect increased reporting obligations once the Corporate Transparency Act implementing regulations go into effect as the act brings the first application of anti-money laundering laws to the industry, say Brian Casey and Thomas Sherman at Locke Lord.

• To Reduce Prescription Prices, Hold Middlemen Accountable

  

  The Biden administration should implement a last-minute Trump-era rule that would force pharmacy benefit managers to pass rebate savings onto patients, helping to ensure that Medicare beneficiaries can afford their medication, says George Huntley at the Diabetes Patient Advocacy Coalition.

• Health Cos. Must Prepare For Growing Ransomware Threat

  

  Health companies are a prime target for ransomware attacks due to their sensitive data and relative vulnerability, so they will need compliance and resilience to guard against the increasingly varied ways that hackers can attempt to extract funds, say Alaap Shah and Stuart Gerson at Epstein Becker.

• How Attorneys Can Reach Claimants In Today's Comms Era

  

  Communicating with clients can be challenging for plaintiffs attorneys due to barriers posed by the current onslaught of unwanted calls, work schedules and other factors, but certain best practices can help, say Scott Heisman and Kimberly Lavin at Verus.

• Cos. Can Expect Tougher Climate Risk Disclosure Mandates

  

  Recent developments in Congress and at the U.S. Securities and Exchange Commission that point toward an expansion of corporate climate risk disclosure requirements beyond securities filings are a clear signal to publicly traded companies that they must further integrate climate considerations into strategic planning at all levels, say attorneys at Akin Gump.

• Ruling Shows Medicare Confusion Can Lead To Costly Results

  

  A recent New Jersey district court ruling shows that workers over 65 may incur steep medical bills if they misunderstand the convoluted and sometimes arbitrary system governing whether Medicare or employee-sponsored health coverage pays first, says Mark DeBofsky at DeBofsky Sherman.