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|HHS 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;
July 23, 2010, previously published on July 12, 2010On 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...
|Corporation Counsel Privilege Blown By Attorney's Inactive Status|
Michael P. Coakley; Miller, Canfield, Paddock and Stone, P.L.C.;
July 22, 2010, previously published on July 8, 2010In 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...
|Covering a Natural Disaster|
Charles L. Babcock; Jackson Walker L.L.P.;
July 21, 2010, previously published on June 30, 2010The 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...
|District Court Dismisses Employer's Claims for Contribution and Indemnification against CRA Because No Such Rights Exist under the FCRA|
Martin Thornthwaite; Strasburger & Price, LLP;
July 20, 2010, previously published on July 6, 2010Facts: Plaintiff’s job offer with Defendant Bowen Property Management (“Bowen”) was rescinded after Bowen received an investigatory consumer report that allegedly contained inaccurate information provided by Defendant ChoicePoint Workplace Solutions,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...
|New Encryption Rule Seeks to Streamline Export Process|
Joan Koenig; Drinker Biddle & Reath LLP;
July 6, 2010, previously published on June 2010A 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,...
|German DPA Issues Legal Opinion on Cloud Computing|
Hunton Williams LLP;
July 1, 2010, previously published on June 23, 2010On June 18, 2010, the data protection authority of the German federal state of Schleswig-Holstein published a press release and a comprehensive legal opinion on cloud computing. The opinion provides an overview of cloud computing and discusses various practical and legal matters, including:
|Israel's Privacy Regulator Imposes a $70,000 Fine for Illegal Trading of Personal Data|
Hunton Williams LLP;
July 1, 2010, previously published on June 21, 2010The Israeli Law, Information and Technology Authority (“ILITA”), Israel’s privacy regulator, continues to up the ante for data controllers in Israel. This week ILITA imposed a $70,000 (NIS 258,000) fine against a company illicitly trading personal data.
|Defendants' Motion to Dismiss Found Premature as Plaintiff, Through Discovery, May be Able to Establish an FCRA Violation|
Marc Kirkland; Strasburger & Price, LLP;
June 30, 2010, previously published on June 09, 2010Plaintiff claimed that Defendants LexisNexis (“Lexis”) and Seisint, Inc., violated the FCRA when they sold “Accurint” reports containing allegedly inaccurate information to debt collectors, credit insurers and other entities involved in debt collection. Plaintiff...
|Cleveland Clinic Sued for Privacy Invasion for Complying with Grand Jury Subpoena|
Michael P. Gennett, Stephen G. Prom; Akerman Senterfitt;
June 28, 2010, previously published on June 9, 2010In a “classic” case of state versus federal law preemption, the Cleveland Clinic of Ohio recently learned a tough lesson. The Clinic turned over a patient’s records in response to a criminal grand jury subpoena seeking, among other things, information about treatment for drug and...
|Privacy / Data Protection Law - New European Standard Controller to Processor Model Terms|
Mark A. Prinsley, Oliver Yaros; Mayer Brown International LLP;
June 25, 2010, previously published on June 2010On 5 February 2010, the EU Commission decided to update the standard contractual clauses for the transfer of personal data from data controllers to data processors located in non-EU countries that are not recognised as offering an adequate level of data protection.