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HTMLLooking At Angles Of Liability After A Cyberattack
Thomas B. Caswell, Judith Bevis Langevin; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 1, 2015, previously published by Insurance Law360 and Employment Law360 on January 28, 2015
All employers have personnel data on their information technology systems and devices. This data includes personally identifiable information such as names, addresses, birth dates and Social Security numbers of employees and their family members. In light of high-profile, employee-led lawsuits like...

 

HTMLNJ Amends Do Not Call Law
Jason C. Gavejian; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 2, 2015
Last week, New Jersey’s Governor, Chris Christie (R), signed a bill which will allow telemarketing companies to make sales calls to mobile devices when the call is made to a customer with whom an existing relationship exists or in response to the customer’s written request.

 

HTMLFCC Promises Action Against Those Who Fail to Safeguard
Jason C. Gavejian; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on December 24, 2014
On December 19, 2014, the FCC published Chairman Thomas Wheeler‘s response to Senator Bill Nelson’s (D-FL) letter regarding the FCC’s recent proposed $10 million fine against two telecom companies.

 

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...

 

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...

 

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...

 

HTMLPresident Obama to Call For National Data Breach Notification Law and Other Cybersecurity Measures
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 12, 2015
About two years ago, President Obama signed an executive order on the date that he delivered his State of the Union address which directed certain federal agencies to develop voluntary standards for achieving cybersecurity. Preparing for his 2015 State of the Union address, Bloomberg and other news...

 

HTMLNew York Attorney General Seeks Stonger Data Breach Notification Law and Data Security Safeguards
Joseph J. Lazzarotti, Jeffrey M. Schlossberg; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 29, 2015
Earlier this month, the New York Attorney General Eric T. Schneiderman announced a legislative proposal that would strengthen protections for private information by expanding the state’s breach notification law to cover e-mails, passwords and health data, require companies to implement data...

 

HTMLIndiana Measure to Amend Breach Notification Law Passes Senate
Jason C. Gavejian; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 26, 2015
Late last year we reported Indiana Attorney General Greg Zoeller was seeking legislation which would better protect the online personal and financial information of Indiana residents. That legislation, S.B. 413, was unanimously passed by the Indiana Senate on February 24, 2015. Indiana’s bill...

 

HTMLACA Information Reporting Creates Data Privacy and Security Issues
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 17, 2015
During this year, businesses will be hearing a lot about the Affordable Care Act’s (ACA’s) information reporting requirements under Code Sections 6055 and 6056. Information gathering will be critical to successful reporting, and there is one aspect of that information gathering which...

 


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