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White House Authorizes Indemnification for Ebola Contracts

Client Alert | 1 min read | 11.17.14

On November 13, 2014, President Obama issued a Presidential Memorandum authorizing the U.S. Agency for International Development to indemnify contractors performing Ebola-response contracts in Africa "with respect to claims, losses, or damage arising out of or resulting from exposure, in the course of performance of the contracts, to Ebola." This Presidential action is the latest example of how contractors may obtain contract-based indemnification for certain activities (previously discussed here, here, here, here, and here), including activities that pose unusually hazardous risk, and serves as a reminder to contractors engaged in such activities to request that such indemnification clauses be included in their contracts when appropriate.

Insights

Client Alert | 7 min read | 08.17.26

Delayed Notification of Cyberattacks May Trigger HIPAA Breach Notification Rule

After identifying a ransomware attack in 2021, OSF Healthcare System waited until its forensic investigation had concluded before notifying the U.S. Department of Health and Human Services (HHS) — and the affected individuals — of the breach. The 110-day delay (nearly double the 60-calendar-day notification deadline mandated by the HIPAA Breach Notification Rule) triggered an investigation from HHS’s Office for Civil Rights (OCR). The health system’s investigation determined that protected health information (PHI) had been stolen....