Publication
2nd Circuit defers to executive will on application of sovereign immunity
The Second Circuit recently held that federal common law protections of sovereign immunity did not preclude prosecution of a state-owned foreign corporation.
United States | Publication | July 2024
The Joint Commission has released new and revised requirements applicable to behavioral healthcare and human services (BHC) organizations that use restraint and/or seclusion. In their announcement, The Joint Commission stated that “[p]hysical holding restraints can be as dangerous as other types of restraint and should be held to the same requirements, as evidenced by a study that examined data collected over 26 years regarding restraint fatalities among children and adolescents in the United States.” Because this standard is effective immediately, facilities should confirm compliance with the requirement and be prepared to address and remedy any noncompliance existing at the time of their next survey.
The Joint Commission is updating the definition of “restraint” in the glossary of the Comprehensive Accreditation Manual for Behavioral Health Care and Human Services:
Restraint is any method (chemical or physical) of restricting the freedom of movement of an individual served to manage their behavior. This includes any manual method, physical or mechanical device, material or equipment that immobilizes or reduces the ability of an individual to move their arms, legs, body or head freely. It also includes any drug or medication when it is used as a restriction to manage the individual’s behavior or to restrict their freedom of movement and is not a standard treatment or dosage for their condition.
Examples of what is not considered a restraint is also included:
The changes to the Comprehensive Accreditation Manual for Behavioral Health Care and Human Services affect any BHC organization accredited by The Joint Commission and provide best practices for other entities.
Norton Rose Fulbright lawyers will continue to follow updates from The Joint Commission.
Publication
The Second Circuit recently held that federal common law protections of sovereign immunity did not preclude prosecution of a state-owned foreign corporation.
Publication
Facing the fast-growing development of AI across the globe, particularly Generative AI (GenAI), the G7 competition authorities and policymakers (Canada, France, Germany, Japan, Italy, the UK and the US) and the European Commission met in Italy on 3-4 October 2024 to discuss the main competition challenges raised by these new technologies in digital markets.
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