Business News

Howard Kurtz Says It Has Been A Rough Week For Fox News In Dominion Case

Fox News anchor Howard Kurtz said Sunday it had been a “very rough week” for the conservative network in its defense against Dominion Voting Systems’ $1.6 billion defamation lawsuit, which is scheduled to go to trial on Tuesday.

“I can assure you that I will provide fair and down the middle coverage of this $1.6 billion suit about coverage of false election fraud claims in 2020, despite the fact that I work here,” Kurtz told “MediaBuzz” viewers. “And with that, it’s been a very rough week for Fox.”

Kurtz explained to viewers that the judge overseeing the case, Delaware Superior Court Judge Eric Davis, had sanctioned Fox News last week and launched an investigation into potential legal misconduct. The dispute revolves around Rupert Murdoch’s role at Fox News and its parent corporation, which Fox lawyers were accused of misrepresenting to the court.

Kurtz also discussed leaked audio tapes of Rudy Giuliani, Donald Trump’s former personal attorney, telling Fox Business host Maria Bartiromo that he did not have evidence to back up his false claims about election rigging by Dominion in the 2020 election. Fox News was sanctioned by the judge on Wednesday for failing to hand those recordings over to Dominion’s lawyers during discovery.

“That’s not all,” Kurtz said. “In other pretrial rulings, Judge Davis undercut part of Fox’s defense. The judge said Fox News could not argue that it carried false allegations of election fraud by Trump allies because they would be newsworthy. Judge Davis said just because someone is newsworthy doesn’t mean you can defame someone.”

At the time of Kurtz’s remarks, the Dominion trial was expected to begin Monday. However, Davis announced late Sunday that the trial had been delayed until Tuesday. The judge did not give a reason; however, the Wall Street Journal reported that Fox News had made a late push to settle the dispute out of court.

In February, Kurtz said the network had prohibited him from reporting on the lawsuit, noting that he “strongly disagreed” with that decision.

Dominion Voting Systems is suing Fox over allegations the network damaged the voting software company’s reputation by repeatedly amplifying claims that the company helped rig the 2020 election against Trump, despite knowing those claims to be false.

Does Divorce Change My Estate Plan?

Yes! Even if you don’t have a written estate plan, you have an estate plan per the laws of your state. If you get divorced, the nature of your estate plan will change.

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If you have a written estate plan and get divorced, once your divorce is final, you need to update your plan.

It is likely your divorce may change things such as your:

  • legal name,
  • Trustees,
  • beneficiaries,
  • Power of attorney, and more.

Other than your estate plan, it is important to reassess:

  • jointly owned properties,
  • Beneficiaries on retirement accounts and life insurance,
  • Vehicle titles, and more.

If you have minor children, it is incredibly important to consider your estate plan because you will need to give thought to their guardianship and provide for their care if something were to happen to you.

While many situations that arise in life can impact your estate plan, a divorce will certainly require review and updates to your existing plan.

We recommend meeting with an estate planning attorney as soon as the divorce is finalized.

If you need help with your estate plan or following the death of a loved one, we can help.

Contact us today to help you get the right documents in place or to update your current estate plan. We will plan so that you don’t have to worry about your future.

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EHR Threats? – Rickard & Associates

A recent warning highlights that electronic health records (EHRs) are a top target of cybercriminals.

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The Health Sector Cybersecurity Coordination Center (HC3) issued a warning to healthcare entities regarding EHR vulnerabilities and protections.

Protected health information (PHI) continues to hold its value on the dark web and is a constant target of cybercriminals.

With the recent growth of telehealth and healthcare technology, we have seen a large increase in cybercrime and breaches attempting to benefit from security lapses.

How can you protect your patients’ PHI and your practice?

It is essential to utilize best practices when it comes to healthcare privacy and security.

Make sure that you are up to date with all security patches and regularly change your passwords.

Ensure that your staff regularly changes all passwords for all devices that can access patient data. Also make sure that no passwords are visible within the office.

Encryption is the best way to ensure that healthcare data is protected from threats.

We recommend and assist our clients with staff trainings that highlight realistic protection measures, including phishing awareness and ransomware responses.

It is essential that your backups are offsite and secure, in the event your practice is breached. Test your response time to get your practice operating once a cyber attack has occurred.

If you need help protecting your patient data, we can help. Contact Rickard & Associates today.

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Do you need help updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.

My Loved One Passed Away – What Do I Need To Do?

Losing a loved one is incredibly hard. We help our clients with the administrative and legal aspects following the death of a loved one.

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When a loved one dies, there are many things to do and many are time sensitive.

First, there are many practical items to consider. These may include:

  • Finding care for any pets;
  • Determining if there are funeral instructions, arrangements, or prepayments;
  • Notifying family and friends;
  • Preparing an obituary;
  • Securing the home, and many other practical items.

After the initial matters have been addressed, it is important to know whether there is an estate plan.

The trustee must be notified so that they can take action, pursuant to the terms of the estate plan.

Even if no estate plan exists, surviving loved ones should still take action to:

  • Determine any professional advisors, such as financial advisors, lawyers, etc.;
  • Obtain copies of the death certificate; and
  • locate any life insurance policies, bank statements, and other legal documents.

The administrative side of losing a loved one can be overwhelming.

We help our clients walk through this critical and trying time to help make the process as smooth as possible.

If you need help with your estate plan or following the death of a loved one, we can help.

Contact us today to help you get the right documents in place or to update your current estate plan. We will plan so that you don’t have to worry about your future.

We publish vital information every Wednesday and Friday. To get this important information delivered directly to your mailbox,

Contact us today with all your legal needs!

Groves coffee house gets new owners, expands to Orange County – Port Arthur News

Groves coffee house gets new owners, expands to Orange County

Published 12:22 am Friday, April 7, 2023

One of the drinks offered at Sundara. (Courtesy photo)

GROVES — Paul Borel was a long time customer of Sundara Coffee House & Grill before he became the owner.

Borel would go to the Groves shop daily for what he described as the best coffee he’s ever had, which was created by original owners Herb and Cindy Kreutzer.

The business changed hands and later, when a different owner considered closing Sundara, Borel made an offer.

“It’s been a part of the Groves community for years,” Borel said. “I’m born and raised in Groves and wanted to keep it alive. I have nothing but admiration for Herb and Cindy, and I want to keep their legacy going.”

Borel also worried about the dedicated employees, saying he couldn’t let them lose their jobs.

Sundara serves freshly made baked items. (Courtesy photo)

The allure of the roast

Borel is enamored with the coffee that the Kreutzers serve, and he continues to serve it.

“Herb and Cindy did some extensive research and they came up with a special blend of three different beans from Mexico, Columbia and Brazil and they experimented with a roasting company until they found the exact way to roast the beans,” he said.

“It is specific to Sundara, and Sundara is the only place you can have it. It is a unique flavour; once you taste it you won’t want coffee from anywhere else. I really believe that. I would go every day before I was the owner.

Adrian Todd, Sundara’s general manager, has a long history of working in the restaurant business and is capable of juggling the necessary duties, as well as acting as a barista, cooking and running supplies to the Orangefield location.

He said the most popular drink is the caramel frappe.

Todd said it is similar to what one might get at another coffee shop nearby.

“But it’s made with love, that’s what I like to say,” Todd said.

He is in the process of developing a drink specifically for the City of Groves. Todd did some research and learned from Groves’ ties to pecans.

“A pecan praline frappe,” he said of what the Groves-inspired drink would be. “I did some surveys beforehand and asked folks if they would buy it, and they found it enticing. I have people still pressing me to know when (I will do it.)”

atmosphere

Todd said the atmosphere at Sundara is community driven, even if there is a well-known coffee chain business down the street.

“This is the place where folks can run into their neighbors, run into their friends and sit outside and talk,” Todd said. “I spent 20 years in San Antonio in the restaurant business. Coffee shops like this have always been special to me because that’s where I would hang out in San Antonio, where I would go.”

Todd isn’t looking to reinvent the wheel at Sundara. He wanted to keep the original legacy alive and breathe some fresh air into the shop, he said.

Sundara’s Orangefield location is at 6381 FM 1442 — the corner of FM 105 and FM 1442. (Courtesy photo)

Orangefield

The Orangefield location at 6381 FM 1442 — the corner of FM 105 and FM 1442 — opened in December and, currently, serves the coffees with a few exceptions.

Borel said they send soups and baked goods to Orangefield which are cooked in the Groves location.

He said the public reaction has been overwhelming.

“It’s amazing the support we’ve gotten, the likes and responses we got,” Borel said.

Like the Groves community, the Orangefield community welcomed Sundara with open arms, he said.

Future

Borel is looking to become more involved in the community and collaborate with other local businesses. He’s already on that path with a Sundara loyalty card that, after a certain amount of purchases, the card bearer can get a free car wash at a local business.

Employees of that business are then able to get discounts on their purchases at the coffee house.

Borel looks to add more businesses to the card, he said.

The future of the Orangefield location includes the possibility of adding a kitchen, he added.

What is the Cost of a Data Breach?

A recent study found that the total average cost of a healthcare breach is $10.10 million. Can your healthcare practice afford a breach?

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Can your healthcare practice afford a breach? Most healthcare entities cannot.

Since 2020, healthcare breach costs have risen by 42%.

As we know healthcare breaches are incessant, it is important to understand trends.

The trends that have emerged over the past few years are:

  1. Repeat attacks. Many healthcare entities have seen repeat attacks. Organizations with automated security systems were able to shorten the breach lifecycle and mitigate the damage caused by the breach.
  2. Consistent causes. The most common cause of data breaches were stolen credentials. Ransomware also continues to plague healthcare entities, with ransomware increasing by 41% in the last year.
  3. Consistent place. The most common place for data breaches to occur is in the cloud.

While data breaches can be threatening, there are also good trends that have emerged over the past few years. These include:

  1. Automated security shortens breach lifecycles. When possible, make sure that your updates are automated and all security patches are up to date. Having sufficient security measures in place is your first line of defense for a cyber attack or breach.
  2. Shorter breach lifecycles mean lower costs. The quicker your practice is being able to audit the damage and get up and running after a breach, the less money the breach will cost.
  3. Having appropriate policies and procedures with well-trained employees leads to shorter lifecycles. When your staff knows how to handle a breach, they can act quickly and mitigate the damage caused by the breach. This is essential when trying to get your practice back online and keep your patients’ protected health information unaffected.

So how can you protect your practice?

  1. Work with your healthcare attorney to ensure that your HIPAA risk assessment is up to date and your security measures are sufficient.
  2. Test your breach readiness plan often.
  3. Make sure your policies and procedures clearly detail how to proceed in the event of a breach.
  4. Train your employees. We help our clients train their employees to know what to look for and what steps to take to respond to a breach right away.

If you have questions or need help with your healthcare breach readiness and response or HIPAA risk assessment, contact Rickard & Associates today.

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Do you need help updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.

Tesla gets Justice Department subpoena for self-driving cars – Business News

The US Justice Department has requested documents from Tesla Inc. related to its Autopilot and “Full Self-Driving” features, according to a regulatory filing.

“To our knowledge no government agency in any ongoing investigation has concluded that any wrongdoing occurred,” Tesla said in the filing Tuesday with the Securities and Exchange Commission.

The Austin, Texas-based electric vehicle maker cautioned that if the government decides to pursue an enforcement action, it could possibly have a material adverse impact on its business.

A message was left Tuesday seeking comment from the Justice Department.

Tesla is already facing multiple investigations by the National Highway Traffic Safety Administration for problems with its two driver-assist systems, Autopilot and “Full Self-Driving.”

Despite their names, Tesla still says on its website that the cars can’t drive themselves. Teslas using “Full Self-Driving” can navigate roads in many cases, but experts say the system can make mistakes, which even CEO Elon Musk admits. “We’re not saying it’s quite ready to have no one behind the wheel,” CEO Musk said in October.

The systems have been under investigation by NHTSA since June of 2016 when a driver using Autopilot was killed after his Tesla went under a tractor-trailer crossing its path in Florida. A separate probe into Teslas that were using Autopilot when they crashed into emergency vehicles started in August 2021. At least 14 Teslas that have crashed into emergency vehicles while using the Autopilot system.

Including the Florida crash, NHTSA has sent investigators to 35 Tesla crashes in which automated systems are suspected of being used. Nineteen people have died in those crashes, including two motorcyclists.

“Full Self-Driving” went on sale late in 2015, and Musk has used the name ever since. It currently costs $15,000 to activate the system. That year, Musk said the company will have full autonomy in about three years.

In 2019 he promised a fleet of autonomous robotaxis by 2020, and he said in early 2022 that the cars would be autonomous that year.

Since 2021, Tesla has been beta-testing “Full Self-Driving” using owners who haven’t been trained on the system but are actively monitored by the company. Tesla said this month that 400,000 owners are participating.

Auto safety advocates and government investigators have long criticized Tesla’s monitoring system as inadequate. Three years ago the National Transportation Safety Board listed poor monitoring as a contributing factor in a 2018 fatal Tesla crash in California. The board recommended a better system, but said Tesla was not responsive.

NHTSA has noted in documents that numerous Tesla crashes have occurred in which drivers had their hands on the wheel but still weren’t paying attention. The agency has said that Autopilot is being used in areas where its capabilities are limited and that many drivers aren’t taking action to avoid crashes despite warnings from the vehicle.

In addition, the National Transportation Safety Board determined in 2020 that Tesla’s system to make sure drivers are paying attention is not adequate, and it should be limited to areas where it can operate safely.

In premarket trading, Tesla shares slipped 1.3%.

Healthcare Encryption Exceptions? – Rickard & Associates

We know that all emails and text messages that contain protected health information (PHI) should be encrypted.

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Are there any exceptions to the encryption rule?

Just one.

Patients can communicate with covered entities using unencrypted email and text messages, if the patients have been informed of the increased risk.

Patients can opt to have reminders sent via text messages or emails.

One issue that many healthcare providers have regarding encryption, is failing to fully realize all information that is PHI. PHI is an incredibly broad classification that includes much more than just a patient’s name or address or Social Security Number.

Another issue that healthcare providers must face is the over labeling of portals, storage, services as being “HIPAA compliant”.

While some of these services are HIPAA compliant, some are not and it is the covered entity’s job to do their due diligence.

While encryption is an addressable implementation specification, it is an incredibly useful tool for healthcare providers and can greatly reduce penalties in the event of a breach.

Healthcare entities should perform routine and thorough risk assessments to check for areas of vulnerability.

If you need help updating your compliance plan, auditing, or training staff, contact us today.

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We publish vital information on health law topics and news every Wednesday and Friday. To get this important information delivered directly to your mailbox, subscribe today!

Do you need help updating your Business Associate Agreement or negotiating contracts with third-party vendors? We can help. To contact us about your Business Associate Agreement, your vendor contracts or your other legal needs, call us today.