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|Massachusetts 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;
June 21, 2010, previously published on June 9, 2010Newly 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...
|Defendants’ Motion to Dismiss Found Premature as Plaintiff, Through Discovery, May be Able to Establish an FCRA Violation|
Marc Kirkland; Strasburger & Price, LLP;
June 17, 2010, previously published on June 09, 2010Adams v. LexisNexis Risk & Info. Analytics Group, Inc., 2010 U.S. Dist. Lexis 47123 (D.N.J. May 12, 2010)
|Full Disclosure: How Much Information Do We Require of Our Arbitrators|
Rachel Bendayan, Stephen L. Drymer; Ogilvy Renault LLP;
June 16, 2010, previously published on June 7, 2010The 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?
|Court Approves Class Action Settlement against Employment Consumer Reporting Agency for Disclosing Outdated Arrest Records|
Tiffany L. Cox; Strasburger & Price, LLP;
June 11, 2010, previously published on June 01, 2010Serrano 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...
|Oops, 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;
June 10, 2010, previously published on June 2010Once 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....
|The Public Digital Bookkeeping System SPED and its Application to the Electronic Invoice NF-e Project|
Carlota Berault Moreira, Vanessa Christina Lacerda; Miguel Neto Advogados;
June 9, 2010As 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).
|FTC Defers Red Flags Rule Yet Again|
Kenneth K. Dort, Jonathan A. Vogel; McGuireWoods LLP;
June 9, 2010, previously published on June 1, 2010The 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.
|German DPAs Require Data Exporters to Verify Safe Harbor Compliance|
Hunton Williams LLP;
June 9, 2010, previously published on June 2, 2010On 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...
|Once More unto the Breach: the UK Data Protection Regime and Action in the Event of a Data Breach|
Theo Godfrey, Richard Spiller; Edwards Angell Palmer Dodge LLP;
June 8, 2010, previously published on June 2010Any breach of the UK data protection regime can be very damaging to the business and reputation of the organisation concerned. The strength of enforcement of data protection laws and regulation is increasing, and regulated financial services firms and their executives face the threat of significant...
|Out-of-State Exempt Organizations May be Affected by New Massachusetts Data Security Regulations|
Amy Crafts; Proskauer Rose LLP;
June 8, 2010, previously published on June 1, 2010Massachusetts’s new data security regulations, effective March 1, 2010, currently set forth the country’s most stringent requirements for protecting data. Extending beyond what is required by other states, Massachusetts specifies that, for example, covered entities, including exempt...