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Adobe PDFPrivacy / Data Protection Law - New European Standard Controller to Processor Model Terms
Mark A. Prinsley, Oliver Yaros; Mayer Brown International LLP;
Legal Alert/Article
June 25, 2010, previously published on June 2010
On 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.


HTMLHalting Unauthorized Access to Personal Data
David J. Federbush Esq.;
Legal Alert/Article
June 24, 2010, previously published by The National Law Journal
This article addresses privacy in e-commerce, and discusses reported court decisions under the federal communications privacy and computer abuse statues, as well as administrative actions in the area taken by the FTC.


HTMLFlorida and Federal Protection of Privacy in E-Commerce
David J. Federbush Esq.;
Legal Alert/Article
June 24, 2010, previously published by The Florida Bar Business Law Section Quarterly Report
This article discusses federal statutory protection of personal information under the federal Computer Fraud and Abuse Act, the Financial Privacy Act, the Electronic Communications Privacy Act and the Children's Online Privacy Protection Act. It also reviews how the FTC has used the FTC Act to...


HTMLPrivacy Settings on Social Networking Sites May Determine Protection Under Stored Communications Act
Hunton Williams LLP;
Legal Alert/Article
June 24, 2010, previously published on June 10, 2010
On May 26, 2010, the court in Crispin v. Christian Audigier, Inc. quashed portions of subpoenas seeking the disclosure of private messages sent through Facebook and MySpace. The court left open the question of whether Crispin’s wall postings and comments should be disclosed pending a more...


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...


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.


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...


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...


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