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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...

 

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...

 

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...

 

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...

 

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.

 

HTMLRed Bull Dispute Exemplifies The Risks Associated With Sending Cease and Desist Letters
Michael Keenan; Hinman, Howard & Kattell, LLP;
Legal Alert/Article
March 31, 2015
Red Bull Dispute Exemplifies The Risks Associated With Sending Cease and Desist Letters

 

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...

 

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.

 

HTMLChecklists Not Enough When Developing a WISP, FTC Director Comments at IAPP Global Privacy Summit
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 9, 2015
This year’s IAPP Global Privacy Summit was very informative on a number of fronts, including the helpful insight provided by officials at the Federal Trade Commission (FTC) on a range of topics. A good summary of some of their comments, which includes concerns they expressed about the...

 

HTMLIllinois Attorney General Seeks Stronger Data Breach Notification Law, Requirement to Safeguard Personal Information
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 3, 2015
Reacting to a report that identity theft was a top concern for Illinois residents (second in a list of ten), Attorney General Lisa Madigan announced a legislative proposal to strengthen the state’s existing data breach notification law. The call for stronger breach notification laws is a...

 


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