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|Will Supreme Court's Ruling in Quon v. Ontario Yield Big Changes for Private Employers?|
Courtney H. Chacos, Benjamin Gastel, John P. Hutchins, William R. Still, James H. "Hunter" Yancey; Troutman Sanders LLP;
June 8, 2010, previously published on May 27, 2010This term, the United States Supreme Court considers a case of particular interest to those who care about privacy law. On April 19, 2010, the Court heard argument in Ontario v. Quon, U.S., No. 08-1332. A ruling is expected soon. The case is potentially important for employers who rely on written,...
|FTC Again Delays Enforcement of Red Flags Rule - New Enforcement Deadline is December 31, 2010|
Erin M. Egan, David N. Fagan, Jamillia Ferris, Mark E. Plotkin; Covington & Burling LLP;
June 8, 2010, previously published on May 28, 2010Once again, on the eve of the Federal Trade Commission's (FTC's) planned enforcement of the Red Flags Rule, the Commission announced another enforcement delay, this time until December 31, 2010, for financial institutions and creditors subject to its jurisdiction. The Commission has delayed its...
|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...
|German Privacy Regulators Issue Decision on Data Protection and Safe-Harbor Self-Certification of US Companies|
Jonathan P. Armstrong; Duane Morris;
June 7, 2010, previously published on June 1, 2010A recent decision of German regulators may make compliance with privacy protections more challenging for US businesses doing business in Germany. Germany operates a regional system of data privacy regulation where each Land (or state) appoints its own regulator for the private sector. Those...
|Businesses at Risk: Protecting Your Valuable Data (Part 3)|
James M. Kunick, Neil B. Posner, Kevin J. Ryan; Much Shelist Denenberg Ament & Rubenstein, P.C.;
June 3, 2010, previously published on May 26, 2010This article is the third in a series that highlights some of the substantial risks associated with the loss of sensitive data and summarizes ways you can protect your organization from such risks.
|FTC Investigating Privacy Risks to Data Stored on Digital Copiers|
Hunton Williams LLP;
June 3, 2010, previously published on May 26, 2010Federal Trade Commission Chairman Jon Leibowitz recently sent a letter to Congressman Edward Markey, Co-Chairman of the bipartisan Congressional Privacy Caucus, announcing that the FTC will address the privacy risks associated with the use of digital copiers. Congressman Markey had had urged the...
|Medical Associations File Lawsuit to Prevent Application of FTC Red Flags Rule to Physicians|
Barnes Thornburg LLP;
June 3, 2010, previously published on May 26, 2010The American Medical Association, American Osteopathic Association and the Medical Society of the District of Columbia filed a lawsuit in federal court seeking to prevent the Federal Trade Commission (FTC) from imposing on physician practices the FTC “Red Flags Rule” regarding consumer...
|New Whistleblower Obligations on Healthcare Providers Under the American Recovery and Reinvestment Act of 2009|
Kenneth R. Gilberg, Stephen M. Greenberg, Paul J. Russoniello; Flaster/Greenberg P.C.;
June 2, 2010The American Recovery and Reinvestment Act of 2009 (ARRA) is set to provide $19 billion in order to encourage physicians to convert to the use of Electronic Health Record (EHR) systems by 2015. This incentive reimbursement program offers medical practices an attractive funding mechanism to convert...
|AMA Files Suit to Exempt Physicians from Red Flags Rule|
Kenneth K. Dort, Jonathan A. Vogel; McGuireWoods LLP;
June 2, 2010, previously published on May 26, 2010The filing of a lawsuit on May 21, 2010, by the American Medical Association (AMA) against the Federal Trade Commission (FTC) could signal yet another delay of the enforcement deadline of the Red Flags Rule.
|Federal Court Dismisses Lawsuit Alleging HITECH Violates Privacy Rights|
Kathie M. McDonald-McClure; Wyatt, Tarrant & Combs, LLP;
June 1, 2010, previously published on May 24, 2010On May 13, 2010, the United States District Court for the Southern District of New York rejected the privacy challenge to the Health Information Technology for Economic and Clinical Health Act (HITECH Act) asserted by Beatrice M. Heghmann, a registered nurse, and Robert A. Heghmann, her husband and...