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|Social Media: The Ethical Obstacle Course for You and Your Lawyer|
Rachel Lowes; Rumberger, Kirk & Caldwell Professional Association;
December 18, 2014Sophisticated social media sites and “apps” like Facebook, Twitter, Vine, Instagram, Tumblr, LinkedIn, and Foursquare often blur the lines of ethics and legality by giving opposing parties and counsel access to details of the lives of unsuspecting parties, witnesses, other lawyers,...
|New Jersey District Court Rejects Shareholder Derivative Action Based on Cybersecurity Breach|
Kyle Evans Gay, Lewis H. Lazarus; Morris James LLP;
December 8, 2014, previously published on November 18, 2014In Palkon v. Holmes, C.A. No. 2:14-CV-01234 (SRC) (October 20, 2014), the United States District Court for the District of New Jersey dismissed with prejudice a shareholder derivative action arising from three distinct breaches of Wyndham Worldwide Corporation (“Wyndham”). The Court...
|Revised STELA Reauthorization Legislation Passed by House|
Edwards Wildman Palmer LLP;
December 5, 2014, previously published on November 2014On Wednesday, November 19, 2014, the House of Representatives passed H.R. 5728, a revised bill reauthorizing the Satellite Television Extension and Localism Act of 2010 (STELA). In addition to extending the expiring STELA provisions for another five years, the bill, which is entitled the STELA...
|Alberta’s Personal Information Protection Act: Supreme Court Grants Time Extension to Alberta Government to Make Amendments|
Craig Brusnyk, Tamara L. Hunter, Matylda Makulska; Davis LLP;
December 3, 2014, previously published on November 10, 2014On November 15, 2013, the Supreme Court of Canada unanimously held that Alberta’s Personal Information Protection Act (“PIPA”) infringed on the right of freedom of expression in the Canadian Charter of Rights and Freedoms by limiting the ability of labour unions to videotape and...
|Mobile App Privacy Practices: The Office of the Privacy Commissioner of Canada Issues Tips For Communicating Privacy Practices to App Users|
David Crane; McCarthy Tétrault LLP;
November 28, 2014, previously published on November 17, 2014Communicating privacy practices to users of mobile apps can be challenging, especially given small screen sizes and the difficulty of capturing app user attention. The Office of the Privacy Commissioner of Canada (OPC) has acknowledged these challenges and, in September 2014, published Ten Tips for...
|ISO 27018 - Data Protection Standards for the Cloud|
Jonathan A. Beckham, Kedrick N. Eily, Angela F. Ramson, Alan N. Sutin; Greenberg Traurig, LLP;
November 28, 2014, previously published on November 11, 2014In July 2014, the International Organization for Standardization (ISO) and International Electrotechnical Commission (IEC) published ISO/IEC 27018 (ISO 27018), a code of practice that sets forth standards and guidelines pertaining to the protection of data consisting of “personally...
|Mandatory Privacy Training Rule for Federal Contractors Expected Soon|
Jonathan T. Cain; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 17, 2014, previously published on November 10, 2014A rule to require federal contactors handling personally identifiable information to train their employees in safeguarding the information is close to release. Under the anticipated rule, contractor employees will have to undergo either agency training when the agency chooses to make it available,...
|Six Myths about Data Privacy and Security that Professional Employer Organizations Should Skip|
Ted Nick Kazaglis, Joseph J. Lazzarotti; Jackson Lewis P.C.;
November 14, 2014, previously published on October 22, 2014Data breaches and compliance failures threaten company reputation and put individuals’ personal identities, finances, and medical information in jeopardy. In the Professional Employer Organization (PEO) industry, where companies providing PEO or other human resource outsourcing services...
|US FCC Enforcement Action Represents Unprecedented Expansion of the Agency’s Authority Over Data Security|
Lei Shen, Howard W. Waltzman; Mayer Brown LLP;
November 14, 2014, previously published on October 28, 2014The US Federal Communications Commission (FCC) is asserting unprecedented authority to regulate data security matters with its recent action against two telecommunications carriers for failing to protect customers’ personal information from unauthorized disclosure. The FCC issued a Notice of...
|Home Depot Data Breach Litigation: Venue and Consolidation|
Kevin M. McGinty; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
November 14, 2014, previously published on November 5, 2014Substantive litigation in the flood of lawsuits concerning the recent Home Depot data breach awaits a determination of where the cases will be heard. Numerous overlapping lawsuits have been filed in courts throughout the United States asserting claims on behalf of consumers and financial...