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HTMLFDA: Industry Must Address Cybersecurity Risks for Medical Devices.
Theodore P. Augustinos, Sharon A. Blinkoff, Ellen Marie Giblin, Mark E. Schreiber, David S. Szabo; Edwards Wildman Palmer LLP;
Legal Alert/Article
October 16, 2014, previously published on October 2014
On October 1, 2014 the U.S. Food and Drug Administration finalized guidance on recommendations to manufacturers for managing cybersecurity risks to better protect patient health and information. The purpose of the guidance is to encourage manufacturers to consider possible cybersecurity risks while...

 

HTMLBlast Fax Cases Now Harder to Certify
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
August 19, 2014, previously published on August 13, 2014
Blast fax cases filed under the Telephone Consumer Protection Act just became harder to certify in Minnesota. On August 5, 2014 U.S. District Court Judge David S. Doty, in the case Sandusky Wellness Center LLC v. Medtox Scientific, denied Sandusky’s motion for class certification because the...

 

HTMLWyndham Gets Life Preserver in Data Breach Case
Adam M. Veness; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 7, 2014, previously published on June 27, 2014
New Jersey U.S. District Judge Esther Salas agreed to allow Wyndham Hotels and Resorts LLC to immediately appeal to the Third Circuit a ruling affirming the FTC’s authority to bring data security cases. We have been following this case since the beginning, and you can see our last post here.

 

Adobe PDFGuess Who’s Looking at Your Ad? Blind Recruitment Ads Fall Foul of Data Privacy Laws
Gabriela Kennedy, Karen H. F. Lee, Hong Tran; Mayer Brown JSM;
Legal Alert/Article
July 4, 2014, previously published on June 26, 2014
The number of "blind" recruitment ads - i.e., ads that do not identify the employer or their recruitment agent - circulating in Hong Kong has led to a growing concern about the possible unscrupulous collection and use of personal data of job applicants.

 

HTMLMassachusetts High Court Permits Compelled Decryption of Seized Digital Evidence
Matthew D. Levitt; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 3, 2014, previously published on June 25, 2014
Today, in Commonwealth v. Gelfgatt, No. SJC-11358 (Mass. June 25, 2014), a divided Massachusetts Supreme Judicial Court held that under certain circumstances, a court may compel a criminal defendant to provide the password to encrypted digital evidence seized by the government without violating...

 

HTMLRound Two for Snapchat: Agreement with the Maryland Attorney General Settling Claims of Consumer Deception and COPPA Violations
Julia M. Siripurapu; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 3, 2014, previously published on June 19, 2014
Just a little over a month after settling charges of false promises of disappearing user messages (among other things) with the Federal Trade Commission (“FTC”), mobile app developer Snapchat, Inc. (“Snapchat” or “Company”) announced (blog post) that on June 12th...

 

HTMLNew Florida Data Security and Breach Law Effective July 1
Jackson Lewis P.C.;
Legal Alert/Article
July 3, 2014, previously published on June 26, 2014
Businesses that maintain individuals’ confidential, personal information may need to be more alert in protecting this data under the Florida Information Protection Act of 2014, signed into law by Governor Rick Scott.

 

HTMLCalling All Boards of Directors: Four Recommendations from the SEC
Adam M. Veness; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 3, 2014, previously published on June 13, 2014
SEC Commissioner Luis Aguilar recently spoke at the New York Stock Exchange Conference “Cyber Risks and the Boardroom.” In his speech, Commissioner Aguilar emphasized the importance of cybersecurity and how fast the need for cybersecurity has grown in such a short time period, pointing...

 

HTMLFive Lessons from OCR’s Report to Congress on Breaches and HIPAA Rules Compliance
Dianne J. Bourque, Stephanie D. Willis; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 3, 2014, previously published on June 20, 2014
Last week, the HHS Office of Civil Rights (OCR) released two reports required by the Health Information Technology for Economic and Clinical Health (HITECH) Act: (i) the Annual Report to Congress on Breaches of Unsecured Protected Information (Breach Report); and (ii) the Annual Report to Congress...

 

HTML“May I have your ZIP Code?” Retailers May Want to Read This....
Nancy D. Adams; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
July 3, 2014, previously published on June 18, 2014
There are only a handful of decisions addressing whether a commercial general liability (CGL) policy provides coverage for lawsuits brought against retailers allegedly collecting their customers’ ZIP code information. Thus, when a decision is issued in this area, particularly a decision...

 


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