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HTMLPeer Review Confidentiality Requirement Protects Physician Reviewers from Adverse Employment Action, New Mexico Supreme Court Rules
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 27, 2015
When a physician participated in the peer review of another physician and his conduct during the review became the basis for adverse employment action against him, the New Mexico Supreme Court, in Yedidag v. Roswell Clinic Corp., ruled that the reviewing physician had a private cause of action...

 

HTMLIllinois Attorney General Seeks Stronger Data Breach Notification Law, Requirement to Safeguard Personal Information
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 3, 2015
Reacting to a report that identity theft was a top concern for Illinois residents (second in a list of ten), Attorney General Lisa Madigan announced a legislative proposal to strengthen the state’s existing data breach notification law. The call for stronger breach notification laws is a...

 

HTMLEmployers Beware: Medical Identity Theft on the Rise and is the Golden Target for Hackers
Lillian Chaves Moon; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on December 5, 2014
As we’ve discussed previously, medical identity information is worth more than ten (10) times that of financial information on the black market. This gives hackers a financial incentive to obtain such information that is maintained not only by medical providers and pharmacies but also by...

 

HTMLFCC Seeks Comments On Fax Ad Opt-Out Notice
Jason C. Gavejian; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 12, 2015
The Federal Communications Commission (FCC) is continuing its efforts to clarify the Telephone Consumer Protection Act (TCPA) and its requirements.

 

HTMLEthics Case Alleging Improper Social Media Access May Proceed
Jason C. Gavejian; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 3, 2015
As we previously reported, sending a “friend” request to access information on an individual’s Facebook page that is not publicly available may have serious ethical implications. Specifically, the New Jersey Office of Attorney Ethics (OAE) alleges John Robertelli and Gabriel Adamo...

 

HTMLGood News for Companies: Pennsylvania District Court Rules That Plaintiffs Lack Standing without Actual or Imminent Misuse of Data
Melissa K. Ventrone, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 26, 2015
“There are only two types of companies left in the United States ... those that have been hacked and those that don’t know they’ve been hacked.” That is how U.S. District Judge John E. Jones III of the Middle District of Pennsylvania began his opinion in Storm v. Paytime,...

 

HTMLSecretary in Germany Successfully Challenges Employer’s Monitoring...Is Your Monitoring Program Defensible?
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 25, 2015
According to a report by Deutsche Welle, the German Federal Labor Court held that employers may monitor employees only when they have concrete suspicions of wrongdoing that are based on fact. In the U.S., the standards for engaging in monitoring employees may not be quite that high, but employers...

 

HTMLChecklists Not Enough When Developing a WISP, FTC Director Comments at IAPP Global Privacy Summit
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 9, 2015
This year’s IAPP Global Privacy Summit was very informative on a number of fronts, including the helpful insight provided by officials at the Federal Trade Commission (FTC) on a range of topics. A good summary of some of their comments, which includes concerns they expressed about the...

 

HTML$1 Billion Carbanak Heist Reminds Bankers of Continued Cybersecurity Risk 
Neal C. Wise; Jones Walker LLP;
Legal Alert/Article
March 30, 2015, previously published on February 19, 2015
Global cybersecurity firm, Kasperksy Lab, released a report this week that a hacker gang dubbed "Carbanak" has looted as much as $1 billion from more than 100 banks in 30 countries worldwide. The report revealed two startling details in addition to the eye-popping amount of stolen money:...

 

HTMLFINRA on Cybersecurity 
Katharine F. Musso; Jones Walker LLP;
Legal Alert/Article
March 30, 2015, previously published on February 12, 2015
The Financial Industry Regulatory Authority ("FINRA") focused on broker-dealer firms' preparedness for cyber attacks as a part of its 2014 targeted exams. On February 3, it published a "Report on Cybersecurity Practices" resulting from a 2011 survey and the 2014 exam sweep....

 


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