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HTMLHeartland Payment Systems Enters into its Third Settlement Agreement Arising from 2008 Data Breach
Kevin Khurana; Proskauer Rose LLP;
Legal Alert/Article
June 1, 2010, previously published on May 24, 2010
Nearly two years after Heartland Payment Systems, Inc. (“Heartland”) experienced one of the largest customer data security breaches in history, it entered into its third settlement agreement with a card company. (In addition to its settlements with card companies, on April 30, 2010...


Microsoft WordTitle II of the Genetic Information Nondiscrimination Act Goes Into Effect November 21, 2009
Philip R. Voluck; Kaufman Dolowich Voluck & Gonzo LLP;
Legal Alert/Article
May 27, 2010
On November 21, 2009, Title II of the Genetic Information Nondiscrimination Act ("GINA") goes into effect. GINA will prohibit employers' use of genetic information, restrict employers' acquisition of genetic information, and strictly limit disclosure of genetic information.


HTMLFederal Court Dismisses Lawsuit Alleging HITECH Violates Privacy Rights
Kathie M. McDonald-McClure; Wyatt, Tarrant & Combs, LLP;
Legal Alert/Article
May 27, 2010, previously published on May 24, 2010
On May 13, 2010, the United States District Court for the Southern District of New York rejected the privacy challenge to the Health Information Technology for Economic and Clinical Health Act (HITECH Act) asserted by Beatrice M. Heghmann, a registered nurse, and Robert A. Heghmann, her husband and...


HTML"Red Flag" Warning For Businesses To Fight Identity Theft: June 1 Deadline for Compliance with Federal Regulations
Anthony Martin; Husch Blackwell LLP;
Legal Alert/Article
May 27, 2010, previously published on May 19, 2010
The Federal Trade Commission (FTC) and other federal agencies issued a “Red Flag” that requires most businesses to proactively combat the risk of identity theft and protect the personal information of customers, clients and employees. The federal regulations require businesses to...


Adobe PDFUpdate on Red Flags Rules: Approaching June 1 Deadline
Thomas A. Cohn, Grace H. Lee; Venable LLP;
Legal Alert/Article
May 26, 2010, previously published on May 2010
Many independent schools already received this summary of the Federal Trade Commission's(“FTC's”) Red Flags Rules ("the Rule"), and have implemented an Identity Theft Program ("Program"). With the June 1, 2010 deadline for compliance rapidly approaching, independent...


HTMLHouse Releases Discussion Draft of Privacy Legislation
Howard W. Waltzman; Mayer Brown LLP;
Legal Alert/Article
May 25, 2010, previously published on May 18, 2010
On May 4, 2010, Representative Rick Boucher (D-VA), the Chairman of the House Subcommittee on Communications, Technology, and the Internet, and Cliff Stearns (R-FL), Ranking Republican Member of the Subcommittee, released a discussion draft of privacy legislation. The draft proposes comprehensive...


HTMLHague Conference Adopts Paper on Privacy and Data Protection
Hunton Williams LLP;
Legal Alert/Article
May 24, 2010, previously published on May 18, 2010
At a meeting held April 7-9, 2010, the Council on General Affairs and Policy of the Hague Conference on Private International Law adopted a document entitled 'Cross-Border Data Flows and Protection of Privacy' that outlines the organization's possible future work in the area of privacy and data...


HTMLHHS Official Reports Uptick in HIPAA Security Rule Enforcement
Hunton Williams LLP;
Legal Alert/Article
May 21, 2010, previously published on May 14, 2010
David Holtzman, a health information privacy specialist at the Office for Civil Rights (“OCR”) within the Department of Health and Human Services (“HHS”), stated at a health privacy conference on May 11, 2010, that OCR has been “vigorously” enforcing the Security...


HTMLRed Flags Rule Scheduled to Take Effect June 1, 2010
David N. Anthony; Troutman Sanders LLP;
Legal Alert/Article
May 21, 2010, previously published on May 17, 2010
After four extensions in its enforcement date, the Red Flags Rule (the “Rule”) is scheduled to take effect on June 1, 2010 for creditors and other financial institutions subject to enforcement by the Federal Trade Commission. The most recent extension occurred on October 30, 2009, when...


HTMLIs Your Company Complying with the "Red Flags" Rule?
D. Brock Denton, Jonathan M. Hiltz, Julie T. Muething; Keating Muething & Klekamp PLL;
Legal Alert/Article
May 20, 2010, previously published on May 12, 2010
Every year identity theft costs businesses millions of dollars. As you may be aware, the recently adopted Red Flags Rule requires a broad range of businesses and organizations to implement written Identity Theft Prevention Programs designed to detect warning signs — or “red...


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