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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,...
|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...
|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...
|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...
|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.
|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...
|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.
|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...
|Heartland Payment Systems Enters into its Third Settlement Agreement Arising from 2008 Data Breach|
Kevin Khurana; Proskauer Rose LLP;
June 1, 2010, previously published on May 24, 2010Nearly two years after Heartland Payment Systems, Inc. (“Heartland”) experienced one of the largest customer data security breaches in history, it entered into its third settlement agreement with a card company. (In addition to its settlements with card companies, on April 30, 2010...