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HTMLRecent HIPAA Decisions Suggest State Courts May Look to Federal Regulations to Define Negligence in the Data-Security Context
Marcus A. Christian, Zachariah J. DeMeola, Evan M. Wooten; Davis LLP;
Legal Alert/Article
January 12, 2015, previously published on December 23, 2014
A recent decision of the Connecticut Supreme Court signals a growing trend in Health Insurance Portability and Accountability Act (HIPAA) jurisprudence that could prove significant in the broader data-security context. Although HIPAA contains no private right of action and preempts contrary...

 

HTMLDrastic Anti-Texting Law Takes Effect in Connecticut; New Jersey Also Under Consideration
Scott A. Shaffer; Olshan Frome Wolosky LLP;
Legal Alert/Article
January 12, 2015, previously published on October 13, 2014
On October 1, 2014, an onerous new law took effect in Connecticut (Conn. Gen. Stat. § 42-288a). Telephonic sales calls and text messages that are sent to Connecticut residents without their prior express consent are now subject to an almost unbelievable penalty of $20,000 per violation. That...

 

HTMLImproving Cybersecurity Against Data Breaches: How Information Governance Paves the Way
Kelly Friedman; Davis LLP;
Legal Alert/Article
January 12, 2015, previously published on November 18, 2014
The issue of data breach is not exactly new, but in the past it has been relegated to a niche corner of information technology. Increasingly, however, cybersecurity is becoming a critical priority for businesses as a recent surge of high-profile data breaches hitting victims such as Sony, Target,...

 

HTMLA Fresh Crop of California Data Privacy Laws
Julian M. Dibbell, Lei Shen; Davis LLP;
Legal Alert/Article
January 12, 2015, previously published on December 23, 2014
California recently enacted three bills that expand the state’s online privacy and data security laws. The changes include an expansion of California’s existing data breach law, protections for the personal data of K-12 students and a new law giving minors a limited “right to be...

 

HTMLEU Sets Sights on Google.com Search Results
Susan L. Foster; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
January 10, 2015, previously published on November 27, 2014
(LONDON) The highly influential Article 29 Working Party, composed in part of representatives of the EU’s national data protection offices, has announced that the right to be forgotten applies to .com as well as country-specific search results.

 

HTMLCorrective Action Earns Verizon End to FTC’s FiOS Router Investigation
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 10, 2015, previously published on November 14, 2014
Corrective action taken by Verizon Communications to fix security issues with its FiOS and DSL routers resulted in the FTC closing its investigation to determine whether Verizon’s distribution of the routers was an unfair or deceptive practice.

 

HTMLSocial Media Policies Revisited: The Facebook “Like” As Protected Activity
Erin Smith Aebel, Cheri A. Budzynski, James R. Carnes, Douglas A. Cherry, Mechelle Zarou; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
January 10, 2015, previously published on October 28, 2014
The National Labor Relations Board (“NLRB”) continues to expand its reach beyond its traditional role involving unionized workforces. In particular, the NLRB has continued an aggressive campaign begun in 2011 to crackdown on all employer policies governing social media, electronic...

 

HTMLInternet Startups: Beware of Being a Money Transmitter
Erin Smith Aebel, Cheri A. Budzynski, Douglas A. Cherry, Regina M. Joseph, Mechelle Zarou; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
January 10, 2015, previously published on October 31, 2014
So, you’ve got a great idea. Social media platforms are all about finding new solutions for old inefficiencies. And what’s more efficient than serving as a platform for an account holder to obtain a single cash payment in exchange for virtual currency he/she/it has received through...

 

HTMLEU: Article 29 Working Party Publishes Guidance Stating that the ‘Right to Be Forgotten’ Applies to .Com Domains
Annie Clarke, Sarah Pearce; Edwards Wildman Palmer LLP;
Legal Alert/Article
January 10, 2015, previously published on December 8, 2014
We commented on the ‘right to be forgotten’ judgment in Google Spain SL, Google Inc. v Agencia Española de Protección de Datos in May earlier this year. The ruling granted data subjects the right to request search engines to remove links appearing in search results based...

 

HTMLEU Council of Ministers Makes Progress on the Processing of Data in the Public Sector and the Creation of a “One-Stop-Shop” Mechanism for Resolving Cross-Border Data Protection Complaints
Sarah Pearce; Edwards Wildman Palmer LLP;
Legal Alert/Article
January 10, 2015, previously published on December 10, 2014
The EU Council of Ministers made progress on 4 December 2014 on the draft Data Protection Regulation (the “Regulation”), agreeing a partial general approach on data processing in the public sector. This would allow for some flexibility in the application of the Regulation by each Member...

 


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