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HTMLFTC Again Delays Enforcement of Identity Theft Red Flag Rules
Ellen Luepke Layton, Laura D. Seng; Barnes & Thornburg LLP;
Legal Alert/Article
July 27, 2010, previously published on July 13, 2010
The Federal Trade Commission (FTC) has again delayed enforcement of its identity theft Red Flags Rule (the Rule) through Dec. 31, 2010, while Congress considers legislation to determine the types of businesses that are covered by the Red Flags Rule.


HTMLIs Data Breach Litigation a Continuing Threat?
Charles E. Harris, Robert J. Kriss, Jeffrey P. Taft; Mayer Brown LLP;
Legal Alert/Article
July 27, 2010, previously published on July 12, 2010
On June 25, 2010, a federal court in New York granted summary judgment dismissing consumer class action claims against Bank of New York arising from the loss of unencrypted computer back-up tapes. Hammond v. The Bank of New York Mellon Corp., Case No. 1:08-CV-06060 (S.D.N.Y. June 25, 2010); 2010 WL...


HTMLIrish Government Challenges Adequacy Level of Data Protection in Israel
Hunton Williams LLP;
Legal Alert/Article
July 26, 2010, previously published on July 9, 2010
On July 6, 2010, the Irish government formally objected to the adequacy procedure initiated by the European Commission that would have allowed the free flow of European personal data to Israel, over concerns of the possible use of the information by Israeli officials. This political move follows...


HTMLUK Updates Guidance for Data-Protection Legislation with Online Code of Practice for Personal Information
Jonathan P. Armstrong; Duane Morris;
Legal Alert/Article
July 26, 2010, previously published on July 12, 2010
On July 7, 2010, the UK's Information Commissioner's Office (ICO) issued its new Code of Practice on handling personal information online. The Personal Information Online Code of Practice aims to update guidance on UK data-protection legislation reflecting the new online world, including social...


HTMLE-Discovery and Litigation Holds: The Ever Increasing Duties Imposed on Litigants
Grahmn N. Morgan; Dinsmore & Shohl LLP;
Legal Alert/Article
July 23, 2010, previously published on July 9, 2010
Advances in technology over the last decade have changed the way that companies communicate with customers, with clients and with each other. Rather than making phone calls or sending letters, employees today, armed with lap tops and the latest hand held devices, zip off unprecedented numbers of...


HTMLHHS Announces Notice of Proposed Rulemaking Modifying HIPAA Privacy, Security and Enforcement Rules under the HITECH Act
Holly Carnell, Kimberly J. Kannensohn, Julie Ann Sullivan; McGuireWoods LLP;
Legal Alert/Article
July 23, 2010, previously published on July 12, 2010
On July 8, 2010, the Department of Health and Human Services (HHS) held an audio conference to announce a new notice of proposed rulemaking (NPRM) issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Health Information Technology for Economic and...


HTMLCorporation Counsel Privilege Blown By Attorney's Inactive Status
Michael P. Coakley; Miller, Canfield, Paddock and Stone, P.L.C.;
Legal Alert/Article
July 22, 2010, previously published on July 8, 2010
In what will be a cold shower for many businesses and their in-house counsel, a New York federal court has held that a General Counsel's taking inactive status in his state bar association exposed all his client communications to discovery by the opposing side in pending litigation (Gucci America...


HTMLCovering a Natural Disaster
Charles L. Babcock; Jackson Walker L.L.P.;
Legal Alert/Article
July 21, 2010, previously published on June 30, 2010
The ongoing oil spill in the Gulf of Mexico will continue to be covered by the media, but reporters will surely face obstacles to their coverage. Journalists in the Gulf Coast region have experience combating impediments erected by the government and interested parties to accurate, timely coverage...


HTMLDistrict Court Dismisses Employer's Claims for Contribution and Indemnification against CRA Because No Such Rights Exist under the FCRA
Martin Thornthwaite; Strasburger & Price, LLP;
Legal Alert/Article
July 20, 2010, previously published on July 6, 2010
Facts: Plaintiff’s job offer with Defendant Bowen Property Management (“Bowen”) was rescinded after Bowen received an investigatory consumer report that allegedly contained inaccurate information provided by Defendant ChoicePoint Workplace Solutions, Inc., a LexisNexis company...


Adobe PDFNew Encryption Rule Seeks to Streamline Export Process
Joan Koenig; Drinker Biddle & Reath LLP;
Legal Alert/Article
July 6, 2010, previously published on June 2010
A new interim final rule published by the Department of Commerce, Bureau of Industry and Security (BIS) will result in significant changes for most companies that export commercial encryption items -- articles, technical data or software -- from the United States. The goal of the new rule,...


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