John Tao

I saw a recent article from Artificial Lawyer speaking to Jon Fowler on "How Will GenAI Change eDiscovery" It was a very in-depth article, covering (in part) his history with eDiscovery. One of the points mentioned that jumped out at me was the point that many lawyers expressed concerns that predictive coding would replace human judgment (where is Sarah & John Connor when you need them 😝). It also talks about how deepfake's could affect the future for eDiscovery. I felt is was a great insight into how an expert in the Legal Tech Sector sees the future of eDiscovery, The good, The Bad and The Ugly (2nd film drop). I feel that it is definitely worth reading, so have included the link below. #eDiscovery #GenAI #LegalTech https://lnkd.in/ebYBx3Z9

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Education or Self-Justification?: #OIG’s Latest #MA “Impact Brief” OIG has released a #MedicareAdvantage “Impact Brief” highlighting the results of its audit into inappropriate #priorauthorizations. But that audit took place in 2022. Why issue a summary now of a dated audit? The Charitable Interpretation: OIG has a legitimate—indeed, a core—interest in preventing #healthcarefraud and abuse. What better way than to leverage prior analyses? In this case, the 2022 audit found that MA plans denied over 1 million PAs and that 13% were, in reality, for medically necessary services. Based on that, OIG’s brief is addressing a serious issue, with a significant error rate*, that is clearly deserving of additional reeducation. The Not So Charitable Interpretation: The (political and enforcement) tides has turned against MA. Long-standing, simmering #Dem hostility for the program—leveraging concerns about #riskadjustment, “one way” #chartaudits, #AKS challenged incentive compensation arrangements with physicians, and other alleged practices—has broken through. That hostility, reflected in policy decisions such as a sea change in MA annual rate updates, is even more evident as an enforcement matter. #DOJ highlighted MA fraud as the single most important fraud and abuse issue in its 2023 YE #FalseClaimsAct summary, and #ChristiGrimm, the IG, did the same in her budget testimony to Congress. But, when program criticism takes hold like this, OIG, in particular, can find itself on the receiving end of questions, from Congress and others. What did you do to prevent these issues? Why didn’t you do more? Was this “impact brief” part of an effort to head off/address those inevitable questions? Bottom Line: So, Which Is It? Was this education or an act of self-defense—an attempt to do a little inoculation against the finger-pointing virus? I’m going with both. * #Managedcare defenders would hasten to underscore the flip side that OIG did not challenge 87% of reviewed PAs.

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What is the #eDiscovery Case of the Year? As you plan your schedule for #RelativityFest next week, please join us for the #CaseLaw Update on Thursday, Sept. 27, at 1PM CT, where where we'll try to answer that question with leading experts. We'll have judicial insights from Judge Allison Goddard and Judge Andrew Peck (Ret.) of DLA Piper, case law perspectives from eDiscovery Today with Doug Austin, and Kelly Twigger's take on case law developments along with the latest data from eDiscovery Assistant. We'll be looking at case law involving #ArtificialIntelligence, #Hyperlinks as attachments, the #Sanctions leap from Fed. R. Civ. P. 37(e)(1) to 37(e)(2), and we'll see if anything has changed in the use of Fed. R. Evid. 502(d). Tom O'Connor will have the first audience question from his #EDRM program insights. You can register to join online or in person here: relativityfest.com. Relativity Association of Certified E-Discovery Specialists (ACEDS) EDRM - Electronic Discovery Reference Model #law #litigation

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#ExpressScripts Caught with Its Hands in the High List/High #Rebate Cookie Jar The #USHouse Committee on #Oversight and Accountability’s highly critical report on #PBM abuses has been criticized, I think fairly, as more of a “cataloguing” exercise of problematic practices already identified, than an investigation that produced “new” information. But I love one factual tidbit that rather dramatically illustrates how Express Scripts by Evernorth mapped out how to crush #drugs on the verge of #generic #competition in order to favor high list, high rebate products that would continue to line its own pockets. As the House Report states, Express Scripts planned systematic “market manipulation” by developing a documented plan, for purely economic reasons, to “shift patients from medications going off #patent exclusivity to other high-cost #medications”. Those switches would keep #patients from staying on their #drug of choice, now with the possibility of using low cost #generic or #biosimilar alternatives, and, instead, force them to move to a high list/high rebate alternative. Those “alternatives”, of course, carry the risk of forcing unsuspecting patients to pay much higher #costsharing amounts. It’s unconscionable. Take a look at Figure 11 from the Report. For #Psoriasis patients on #Humira, Express Scripts, for instance, set out percentages of patients to be unceremoniously shifted to #Stelara, #Xeljanz, #Simponi, #Enbrel, #Cimzia, #Otezla, #Tremfya, and #Taltz. The document reprinted in the Report shows the same plan for #rheumatoidarthritis, #Chron’s, and #ulcerativecolitis drugs. A textbook example of a plan to take advantage of #chronicdisease and #raredisease patients. Shame on Express Scripts. Shame on you. #lifesciences #accesstocare #access #patientsfirst #pharmaceuticals #drugs #drugpricing

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for your use

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HHS' new final #HIPAA Privacy Rule to Support Reproductive Health Care Privacy is out. The National Health Law Program is analyzing the rule and will publish a summary soon. In the meantime, here are some highlights: 1. HHS OCR issues this final rule in recognition of the changing post-Dobbs legal landscape. This landscape increases the likelihood that an individual’s protected health information (PHI) may be disclosed in ways that harm the interests that HIPAA seeks to protect, including our trust in our health care providers and the health care system. It recognizes that these disclosures have a disproportionate impact on people of reproductive age, especially individuals from communities that have been historically underserved, marginalized, or subject to discrimination or systemic disadvantage based on race, disability, social or economic status, geographic location, or environment. Underserved communities are also more likely to be the subjects of investigations and other activities to impose liability for seeking or obtaining reproductive health care, even where such health care is lawful under the circumstances in which it is provided. They are also less likely to have adequate access to legal counsel to defend themselves against criminalization. 2. The final rule prohibits the use or disclosure of protected health information (PHI) when it is sought to investigate or impose liability on individuals, providers, or others who seek, obtain, provide, or facilitate reproductive health care permitted by law, or to identify people for such activities. 3. It requires a regulated health care provider, health plan, clearinghouse, or their business associates to obtain a signed attestation that certain requests for PHI potentially related to reproductive health care are not for these prohibited purposes. 4. It requires regulated health care providers, health plans, and clearinghouses to modify their Notice of Privacy Practices to support reproductive health care privacy. Final Rule:

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In lieu of federal regulation, U.S. states are proposing and enacting AI laws of their own. This up-to-date breakdown by state can help the C-suite keep tabs on developments. Read: https://bit.ly/48CV3VD By Makenzie Holland #AILaws #AIRegulation #AI

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Congratulations to Yangmo ("Harvey") Ahn, JD, AIGP, an Intellectual Property attorney at McNees, for earning the Certified Artificial Intelligence Governance Professional (AIGP) credential from the International Association of Privacy Professionals (IAPP).   The AIGP credential reflects Ahn's skill in managing AI to mitigate risks to organizations, customers, and the public, as well as his dedication to guiding clients through the intricate regulatory challenges of AI. As AI continues to reshape industries, the team is positioned to provide exceptional counsel on the evolving intersection of AI, intellectual property, and data security.   Learn more about Harvey’s commitment to responsible AI practices here:  https://lnkd.in/eYyfyGSc #McNeesLaw #AI #AIGP #IntellectualProperty  

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OCTOBER 21, 2024 — In the lead-up to the 2025 legislative session, FPF is excited to convene the expanded Multistate AI Policymaker Working Group (MAP-WG)—a bipartisan coalition of over 200 state lawmakers from more than 45 states, and highlight the group’s resources in a new dedicated landing page. This lawmaker-led initiative, facilitated by FPF, enables legislators to collaborate on developing a shared understanding of emerging technologies, particularly artificial intelligence, and to coordinate on related policy issues. In anticipation of significant state-level AI legislation in 2025, the group is expanding its efforts and launching a dedicated landing page (fpf.org/multistateAI) to centrally share its purpose, key resources, and insights with a broader audience. In the absence of a comprehensive federal law regulating data privacy or AI, state lawmakers are quickly moving forward with local legislation in response to the rapid advances in AI. This has led to questions about how to best craft appropriate, consistent protections for individuals. The MAP-WG seeks to navigate these challenges by fostering collaboration and promoting better understanding of AI technologies.  FPF serves as a neutral convenor and is proud to be a trusted source of nonpartisan, practical expertise and support. While the group primarily focuses on artificial intelligence, its scope extends to related areas such as data privacy, enforcement, regulation, AI workforce development, and combating non-consensual intimate images. Read more about it: https://lnkd.in/eKtRtYJz

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An amendment implementing major changes to how damages accrue under the Illinois Biometric Information Privacy Act is now law. In our latest Biometric Privacy Insider post, Daniel R. Saeedi, CIPP/US, Rachel Schaller, and Gabrielle Ganze examine the changes and what they may mean moving forward (and possibly backward). Read here: bit.ly/3YIwDqV #Illinois #BiometricInformationPrivacyAct #BIPA #biometricprivacy

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Our very own James M. is back in the bunker again, this time joined by Rolf Berryman founder Toby Berryman, who discusses his the importance of using external recruiters in the eDiscovery industry, the evolving technology expertise required in the field, and the changing landscape of the discovery marketplace. #DownInTheBunker #DFIR #Cyber #LegalTech #LegalTechnology #eDisclosure #eDiscovery #Forted #FTE #thefortedbunker #Recruitment #ExternalRecruiters

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American Privacy Rights Act (APRA) Update  Lawmakers released a revised version of the American Privacy Rights Act (APRA), moving it out of subcommittee unanimously to the full Energy and Commerce Committee on May 23.  APRA aims to establish federal data privacy laws but includes preemption provisions that override stronger state protections like those in California.  Average Internet use is nearly seven hours daily, generating significant amounts of data and underscoring the need for robust privacy legislation.  APRA revisions expanded from 53 to 174 pages, yet concerns remain about preemption, sensitive information, profiling, and government service provider protections. Key Changes: Ø Targeted Advertising : The bill allows broader data collection for targeted ads, raising concerns about potential loopholes. Ø Child Protections : Elements of COPPA 2.0 were included, but protections for minors are seen as insufficient. Ø Data Deletion : Adds a mechanism for deleting data not directly collected by brokers, akin to California's “Delete Act.” § Despite improvements, APRA’s preemption clause could limit states' abilities to enforce stronger privacy laws, reducing the authority of state agencies and attorneys general. § The journey for APRA is ongoing, with further legislative hurdles before potential presidential approval. Stay informed on developments. Source: https://lnkd.in/gC7TBaXR

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🚨 Effective July 1, 2024, the Oregon Consumer Privacy Act (OCPA) created meaningful privacy protections for Oregon consumers and new data protection obligations for companies operating in Oregon. 🔎 Learn more about the OCPA, its data handling requirements, and how to comply below👇

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H/T to Ivan Quinn (and plagiarizing his original post w/ permission). The state Attorney General’s proposed regulations for the Colorado Privacy Act (CPA), released on September 13, would mark a huge change in the CPA, which currently does not apply to employers or employees. Employers in the state will soon need to comply with stricter rules for collecting biometric information from employees and applicants. This includes data like fingerprints, facial scans, and voice recordings. Key points to remember: 1. New regulations: These will take effect on July 1, 2025. 2. Purpose limits: Employers can only collect biometric data for specific reasons: access control, timekeeping, or workplace safety. 3. Consent required: Clear and informed consent must be obtained from individuals before collecting their biometric data. 4. Additional protections: The regulations also include stronger safeguards for children's data. https://lnkd.in/eQxbUwfq #biometrics #privacy #fingerprints #facialrecognition #speakerrecognition

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So the harms of #AI in decision making in areas that impact #consumers particularly #lowearning #vulnerable and #disabled communities are out there and findable. The main focus in this conversation is #efficiency from the #perspective of the #system #agencies, not #consumercentric in terms of #accuracy and #realharms to #realpeople.. This is not the time to reduce #consumerprotections. Here are some examples, there a lot more cases examples for those who want to make informed decisions about #liability and #legal #reputation loss and #purchasing. Remember #AI does not provide #causality. #dueprocess #righttoknow rules behind decisions made against you as a person. This one is an #FTC case, filed by @NationalHealthLawProgram, the #EFF and #upturnsystem with 10% error rate (LLMs are barely getting to 80% if even, average I believe is like 60%). We need to have a 99.99999 accuracy rate for high volume tools (#imho). This is a conversation that has to happen. Ongoing 2024 https://lnkd.in/g5wHKvvi 11/2023 https://lnkd.in/gZsQcTQh 9/2023 https://lnkd.in/g47gt3FS #ethics #Michigan about the use of #AI by #Judges https://lnkd.in/gMNtS-XT and there are a lot more. The information is out there. Be #objective don't pretend there are no harms and no rulings.

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Earlier this month, co-leader of our Cybersecurity & Data Privacy Communications practice, Jamie Singer spoke at Practising Law Institute (PLI)'s Privacy and Cybersecurity Law institute at the University of Chicago. Jamie, Kimberly Kiefer Peretti (Alston & Bird) and Jibran Ilyas (Google Cloud), gave practical guidance on managing a cybersecurity incident and how to prepare for the inevitable. Contact us to discuss your 360 incident response and preparedness strategies and how to effectively communicate them to your stakeholders. Learn more here: https://bit.ly/3ovfS2W #CybersecurityPreparedness #IncidentResponse

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In a recent practice note for LexisNexis Practical Guidance, attorneys Kelly Del Dotto and Brian Coggio examine the PTO's 2022 notice on the duty of disclosure. They offer crucial insights for life sciences attorneys navigating the complex interplay between patent law and regulatory submissions, emphasizing the importance of consistent communications across government agencies and providing strategies for ensuring compliance. Read more: https://hubs.li/Q02Q0XQx0 #FishRichardson

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Did you catch Alisa McLellan speaking at The Masters Conference Legal? Pro tip, don't just hand all your data over to a consultant and think you are done -- you still have the duty to supervise! #ediscovery #legaltech #ethics

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