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Search OptionsInsightsThe Setting Every Community Up for Retirement Enhancement (SECURE) Act
On December 20, 2019, the Setting Every Community Up for Retirement Enhancement (SECURE) Act was signed into law by President Trump as a part of a larger budget appropriations bill. Many who have commented on the SECURE Act believe it is the most… Mandatory Arbitration, Class Action & Exhaustion Provisions: Cause to Amend Claims Procedures?
Nearly two months into 2020, you are finally beginning to recover from yet another chaotic group health plan open-enrollment, so now might be the perfect time to consider updating your organization’s retirement plan documents. A couple of ERISA… 
Krieg DeVault Announces 18 Attorneys as 2020 Indiana Super Lawyers; 1 as a 2020 Illinois Super Lawyer; 5 as 2020 Indiana Rising Stars
18 attorneys from Krieg DeVault were named to the 2020 Indiana Super Lawyers listing, and 1 named to the 2020 Illinois Super Lawyers listing. The firm had an additional 5 attorneys named to the Indiana Rising Stars list, which is designated for… Seventh Circuit Confirms that the Bankruptcy Code Expressly Subordinates a Seller's Reclamation Claim to the Prior Rights of a Secured Creditor
In Whirlpool Corp. v. Wells Fargo Bank, National Association (In re hhgregg, Inc.), (7th Cir. Feb. 11. 2020), the United States Court of Appeals for the Seventh Circuit held that the current enactment of the United States Bankruptcy Code (the “… 
Indiana Supreme Court Rejects Imposition of “Rule of Reasonableness” on the Statutes of Limitations Applicable to a Lender's Pursuit of a Defaulted Mortgage Installment Promissory Note
In a pair of decisions issued February 17, 2020, the Indiana Supreme Court ruled in favor of lenders in issuing guidance regarding the statutes of limitations applicable to a lender’s pursuit of a defaulted promissory note and a defaulted mortgage.… 
Failure to Report HIPAA Breaches Results in Costly Fine and Corrective Action Plan
Sentara Hospitals (Sentara) entered into a $2.175 million settlement and corrective action plan with the Office of Civil Rights (OCR) under the U.S. Department of Health and Human Services (HHS) for alleged violations of the Health Insurance… 
Genetic Information under HIPAA
Genetic Information is quickly becoming an important part of our lives. The Health Insurance Portability and Accountability Act of 1996,[1] as amended, and the final Privacy Rule[2] (HIPAA) are implicated by a healthcare provider’s or benefit plan’s… 
Failure to Encrypt Mobile Devices Results in a $3 Million Mistake
The University of Rochester Medical Center (Rochester) settled with the Office of Civil Rights (OCR) for $3 million for repeated violations of the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA) relating to its… 
Shelley M. Jackson Joins Krieg DeVault's Health Care and Labor & Employment Practice Groups
Krieg DeVault LLP is pleased to announce that Shelley M. Jackson has joined the firm's Health Care and Labor & Employment practice groups as a partner. Ms. Jackson will concentrate her practice in the areas of pharmaceutical regulatory… 
NCUA Issues Proposed Rule Allowing Some Credit Unions to Issue Subordinated Debt
On January 23, 2020 the National Credit Union Administration (the “NCUA”) board issued its proposed rule (the “Proposed Rule” or the “Rule”) to modernize existing secondary capital regulations applicable to low income credit unions (“LICUs”),1 and… 
DOL Releases Final Rule Narrowing the Definition of “Joint Employer” Under the FLSA
On January 12, 2020, the U.S. Department of Labor (DOL) announced its final rule to narrow the definition of “joint employer” under the Fair Labor Standards Act (FLSA) and provide clarity to businesses about franchise and contractor relationships. … 
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