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HTMLIllinois Schools Face Tough Decisions in Combating Cyber-bullying
Jonathan E. Meer, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 9, 2015
Illinois, like most states, has a law that addresses school districts’ responsibilities for addressing bullying in schools. With the growing presence of cyber-bullying, as of January 1, 2015, Illinois modified section 27-23.7 of the School Code, Bullying Prevention, to include specific...

 

HTMLCourt's Interpretation of Merchant Services Agreement Limits Retailer's Liability to Card Brands for Data Breach
Gregory Bautista, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 12, 2015
On January 15, 2015, the U.S. District Court for the Eastern District of Missouri ruled that fees, assessments and costs imposed by the credit card brands on Schnuck Markets, Inc. (Schnuck), a grocery chain estimated to have had 2.4 million customers' credit and debit card information compromised...

 

HTMLFTC Announces “Concrete Steps” for IoT Privacy and Security
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 28, 2015
As the vast array of internet-connected devices mushrooms, and technologies permit those devices to communicate with one another, calls for privacy and security can be heard. On the heels of a recent victory in the ongoing LabMD case, the Federal Trade Commission (FTC) announced yesterday...

 

Adobe PDFCybersecurity: President Signs New Executive Order Establishing a Framework for Public-Private Cybersecurity Collaboration
Jay Clayton, Elizabeth T. Davy, John Evangelakos, Scott D. Miller, Karen Patton Seymour; Sullivan & Cromwell LLP;
Legal Alert/Article
March 31, 2015, previously published on February 13, 2015
Earlier today, President Obama signed an Executive Order intended to “encourage and promote sharing of cybersecurity threat information within the private sector and between the private sector and government.” The Executive Order calls for the development of Information-Sharing and...

 

HTMLFTC’s Hammer Gets Bigger with LabMD Case
Amy R. Worley; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 26, 2015
The on-going fight to hammer out the extent of the Federal Trade Commission’s authority to bring regulatory enforcement actions in data breach cases took another blow last week in LabMD v. FTC. In that case, the U.S. Court of Appeals for the Eleventh Circuit sided with the FTC holding...

 

HTMLEthics Case Alleging Improper Social Media Access May Proceed
Jason C. Gavejian; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 3, 2015
As we previously reported, sending a “friend” request to access information on an individual’s Facebook page that is not publicly available may have serious ethical implications. Specifically, the New Jersey Office of Attorney Ethics (OAE) alleges John Robertelli and Gabriel Adamo...

 

HTMLEmployers Beware: Medical Identity Theft on the Rise and is the Golden Target for Hackers
Lillian Chaves Moon; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on December 5, 2014
As we’ve discussed previously, medical identity information is worth more than ten (10) times that of financial information on the black market. This gives hackers a financial incentive to obtain such information that is maintained not only by medical providers and pharmacies but also by...

 

HTMLPeer Review Confidentiality Requirement Protects Physician Reviewers from Adverse Employment Action, New Mexico Supreme Court Rules
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 27, 2015
When a physician participated in the peer review of another physician and his conduct during the review became the basis for adverse employment action against him, the New Mexico Supreme Court, in Yedidag v. Roswell Clinic Corp., ruled that the reviewing physician had a private cause of action...

 

HTMLSecretary in Germany Successfully Challenges Employer’s Monitoring...Is Your Monitoring Program Defensible?
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 25, 2015
According to a report by Deutsche Welle, the German Federal Labor Court held that employers may monitor employees only when they have concrete suspicions of wrongdoing that are based on fact. In the U.S., the standards for engaging in monitoring employees may not be quite that high, but employers...

 

HTMLFCC Seeks Comments On Fax Ad Opt-Out Notice
Jason C. Gavejian; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 12, 2015
The Federal Communications Commission (FCC) is continuing its efforts to clarify the Telephone Consumer Protection Act (TCPA) and its requirements.

 


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