Consumer Protection

Expert Analysis

• Telehealth During COVID-19: New Rules And Considerations

  

  Changes in federal and state regulations are expanding access to remote health care in response to the COVID-19 crisis, and health care providers need to be thinking about licensure, how to establish valid practitioner-patient relationships, prescribing authority, technology requirements and more, say attorneys at Arnold & Porter.

• Confronting The Challenges Of Virtual Mediation

  

  Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

• Preparing For Private Right Of Action Under Calif. Privacy Law

  

  While enforcement of the California Consumer Privacy Act won’t begin until July, the private right of action created by the CCPA is available to consumers now, and companies assessing their litigation risk should evaluate three open questions, say Amanda Lawrence and Michael Rome at Buckley.

• How Behavioral Health Care Rules Are Evolving For COVID-19

  

  As the COVID-19 crisis deepens and the need for behavioral health services is likely to increase, expect to see providers, payors and policymakers continue to collaborate at an unprecedented pace to provide safe access to mental health and substance use disorder treatment, say Purvi Maniar and Sarah Jean Kilker at Norton Rose.

• Mitigating Antitrust Risks With DOJ-FTC Pandemic Guidance

  

  To comply with recent guidance from the U.S. Department of Justice and Federal Trade Commission, companies collaborating with competitors in response to the COVID-19 crisis — particularly high-risk collaborations or exchanges of competitively sensitive information — must demonstrate a legitimate business justification and employ appropriate anti-competition safeguards, say attorneys at K&L Gates.

• What FDA Has Done So Far In Response To COVID-19

  

  Tracking the U.S. Food and Drug Administration's evolving response to the COVID-19 pandemic, Mintz attorneys discuss the agency's efforts regarding clinical trials for drugs, vaccines and devices, emergency marketing of such products, and supply chain and marketplace safety.

• 3 Steps To Building Effective Teams While On Lockdown

  

  When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

• Client Advocacy Tips For Remote Hearings During COVID-19

  

  As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

• How To Conduct Depositions Remotely

  

  Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

• COVID-19 Raises Unique Issues For Health, Life Sciences Cos.

  

  Health care and life sciences companies are in the difficult position of being unable to suspend operations amid the coronavirus crisis, and must face new patient privacy, contract obligation and federal regulation challenges, say attorneys at Debevoise.

• FTC Actions, Breach Cases Guide COVID-19 Cyber Response

  

  Recent Federal Trade Commission enforcement actions and federal court data breach litigation reveal that companies' cybersecurity measures may be judged based on their foresight and responsiveness to the new risks posed by COVID-19, rather than standards used during normal circumstances, say attorneys at Kelley Drye.

• A Guide To Zealously Representing Clients During COVID-19

  

  The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

• Beware Pervasive Trademark Scams During COVID-19

  

  Trademark scams related to COVID-19 are certain to persist for the foreseeable future, but brand owners can mitigate their consequences by proactively registering marks, employing watch services, sending cease-and-desist letters, and staying on top of the latest high-tech scams, say Ann Fort and Cameron Murphy at Eversheds Sutherland.

• Past Crises Model Virus Response For Mortgage Industry

  

  Homeowners, banks and loan servicers weathering the impact of COVID-19 should take a cue from how the mortgage industry handled foreclosure moratoriums, customer communications, credit reporting, and increased litigation and enforcement during past natural disasters, says Allison Schoenthal at Hogan Lovells.

• Coronavirus Creates A Strange New World For State AGs

  

  The coronavirus crisis is changing the policy and political focus of state attorneys general, as consumer protection actions are rapidly remade, AGs grapple with experimental law, and the Affordable Care Act and internet monopolies get a respite, says Shum Preston, who was senior adviser to former California Attorney General Kamala Harris.