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HTMLCourt Rejects Technical Accuracy Approach, Holds that Duplicate Reporting of Otherwise Accurate Criminal History is Inaccurate Under § 1681e(b) of the FCRA
Erik Grohmann; Strasburger & Price, LLP;
Legal Alert/Article
June 23, 2010, previously published on June 07, 2010
Plaintiff brought suit against Defendant Hireright Solutions, Inc. (“Hireright”), a consumer reporting agency (“CRA”) that specializes in maintaining consumer files containing public record information and selling such files to potential employers. The Plaintiff alleged that...

 

HTMLMassachusetts Data Security Regulations: Your Company May Not Be Located There, But If Your Customers Are, You Need to Comply
Jeffrey D. Neuburger; Proskauer Rose LLP;
Legal Alert/Article
June 21, 2010, previously published on June 9, 2010
Newly effective regulations promulgated under Massachusetts’ recent data security law, Mass. Gen. Law ch. 93H, have raised the bar for data security compliance, and they have a long reach. The regulations are national and international in scope, as they apply to all companies - wherever...

 

HTMLOrganizations Have More Time To Comply With Identity Theft Red Flag Rules
Kathryn L. Ossian; Miller, Canfield, Paddock and Stone, P.L.C.;
Legal Alert/Article
June 21, 2010, previously published on June 1, 2010
Does your organization have a program designed to prevent identity theft of the personal information of your customers and employees? If not, the good news is that you now have more time to do so without running afoul of federal regulations.

 

HTMLDefendants’ Motion to Dismiss Found Premature as Plaintiff, Through Discovery, May be Able to Establish an FCRA Violation
Marc Kirkland; Strasburger & Price, LLP;
Legal Alert/Article
June 17, 2010, previously published on June 09, 2010
Adams v. LexisNexis Risk & Info. Analytics Group, Inc., 2010 U.S. Dist. Lexis 47123 (D.N.J. May 12, 2010)

 

Adobe PDFFull Disclosure: How Much Information Do We Require of Our Arbitrators
Rachel Bendayan, Stephen L. Drymer; Ogilvy Renault LLP;
Legal Alert/Article
June 16, 2010, previously published on June 7, 2010
The disclosure of information required of arbitrators is becoming increasingly onerous. But how far must arbitrators go in disclosing their agendas, mandates and lists of acquaintances?

 

HTMLCourt Approves Class Action Settlement against Employment Consumer Reporting Agency for Disclosing Outdated Arrest Records
Tiffany L. Cox; Strasburger & Price, LLP;
Legal Alert/Article
June 11, 2010, previously published on June 01, 2010
Serrano v. Sterling Testing Sys., 2010 U.S. Dist. LEXIS 44779 (E.D. Pa. May 7, 2010) In this putative class action, the plaintiff, on behalf of himself and all others similarly situated, sued Sterling Testing Systems, Inc., a national employment consumer reporting agency, pursuant to the FCRA for...

 

HTMLOops, They Did it Again: The FTC Extends the Red Flags Rule Deadline Until December 31, 2010
Sarah Edelman Coyne, Kevin J. Eldridge, Kathryn A. Kronquist, Margaret E. M. Utterback; Quarles & Brady LLP;
Legal Alert/Article
June 10, 2010, previously published on June 2010
Once again on the eve of enforcing the Red Flags Rule, the Federal Trade Commission (“FTC") announced on May 26, 2010, that it was extending the enforcement deadline until December 31, 2010. This time, the FTC said it was extending the deadline to give Congress time to consider H.R....

 

HTMLThe Public Digital Bookkeeping System SPED and its Application to the Electronic Invoice NF-e Project
Carlota Berault Moreira, Vanessa Christina Lacerda; Miguel Neto Advogados;
Legal Alert/Article
June 9, 2010
As from January 2009, many companies of several sectors of the economy will have to adapt or get acquainted with the new requirements of the government and society when addressing a new market need, the so-called SPED (Public Digital Bookkeeping System).

 

HTMLGerman DPAs Require Data Exporters to Verify Safe Harbor Compliance
Hunton Williams LLP;
Legal Alert/Article
June 9, 2010, previously published on June 2, 2010
On April 29, 2010, German data protection authorities issued a resolution regarding the obligations of German data exporters with respect to U.S. data importers that have self-certified under the Safe Harbor program. By requiring additional diligence when transferring data to Safe Harbor-certified...

 

HTMLFTC Defers Red Flags Rule Yet Again
Kenneth K. Dort, Jonathan A. Vogel; McGuireWoods LLP;
Legal Alert/Article
June 9, 2010, previously published on June 1, 2010
The Federal Trade Commission (FTC) announced on May 28, 2010 that enforcement of the Red Flags Rule will be further delayed until January 1, 2011, unless Congress takes steps to narrow the scope of covered businesses and legislates an earlier enforcement deadline.

 


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