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HTMLGood News for Companies: Pennsylvania District Court Rules That Plaintiffs Lack Standing without Actual or Imminent Misuse of Data
Melissa K. Ventrone, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 26, 2015
“There are only two types of companies left in the United States ... those that have been hacked and those that don’t know they’ve been hacked.” That is how U.S. District Judge John E. Jones III of the Middle District of Pennsylvania began his opinion in Storm v. Paytime,...

 

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...

 

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...

 

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...

 

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...

 

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...

 

HTMLWhere Has All the Privacy Gone?
Eric J. Sinrod; Duane Morris LLP;
Legal Alert/Article
March 30, 2015, previously published on January 13, 2015
When it comes to privacy, a lyric from a Joni Mitchell song seems apt: “You don’t know what you’ve got till it’s gone.” Indeed, as technology has moved forward, it seems that practically every semblance of privacy has disappeared.

 

HTMLFINRA on Cybersecurity 
Katharine F. Musso; Jones Walker LLP;
Legal Alert/Article
March 30, 2015, previously published on February 12, 2015
The Financial Industry Regulatory Authority ("FINRA") focused on broker-dealer firms' preparedness for cyber attacks as a part of its 2014 targeted exams. On February 3, it published a "Report on Cybersecurity Practices" resulting from a 2011 survey and the 2014 exam sweep....

 

HTMLKeeping Our Tech Love Alive
Eric J. Sinrod; Duane Morris LLP;
Legal Alert/Article
March 30, 2015, previously published on January 28, 2015
We live in a world in which we are bombarded with information data from many sources, and so much around us on the tech landscape is transparent. How, then, do we keep our tech love alive?

 


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