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HTMLHow To Appropriately Obtain Relevant Information From Social Networking Sites
Brett M. Anders, Michael A. Frankel; Jackson Lewis P.C.;
Legal Alert/Article
April 6, 2015, previously published on February 12, 2015
A New York state appellate court has confirmed that the mere initiation of a lawsuit does not provide a basis to permit a defendant unfettered access to a plaintiff’s social media sites. In Pecile v. Titan Capital Group, LLC, 2014 N.Y. App. Div. LEXIS 420 (1st Dep’t Jan. 23, 2014), the...

 

HTMLTwitter Takes Action Against Revenge Porn
Michael Keenan; Hinman, Howard & Kattell, LLP;
Legal Alert/Article
April 1, 2015
Earlier this month Twitter updated its use policy to specifically ban revenge porn. Revenge porn is a dastardly practice where a person (typically a man, but not always) posts intimate photos of their former partner (typically a woman, but not always) on a public website. Revenge porn is...

 

HTMLCyber Insurance: Do I Really Need It?
William C. Wagner; Taft Stettinius & Hollister LLP;
Legal Alert/Article
April 1, 2015, previously published on March 23, 2015
*This is the first post in a five-part series on cyber insurance, culminating in a webinar entitled “Insurance Coverage for Privacy and Data Breaches: Hot Topics and Critical Issues” on Wednesday, April 22, 2015, at 12:00-1:00 p.m. Eastern.

 

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...

 

HTMLSupreme Court Justice Suggests Expanding E-Commerce Taxes. Would Small Businesses and Startups Be Able To Deal?
Michael Keenan; Hinman, Howard & Kattell, LLP;
Legal Alert/Article
April 1, 2015
In a relatively quiet Supreme Court decision issued earlier this month, Justice Anthony Kennedy made a suggestion that might jolt e-commerce taxes in America and make it harder for small businesses and startups to compete with established companies.

 

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...

 

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...

 

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...

 

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.

 

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...

 


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