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|Recent HIPAA Decisions Suggest State Courts May Look to Federal Regulations to Define Negligence in the Data-Security Context|
Marcus A. Christian, Zachariah J. DeMeola, Evan M. Wooten; Davis LLP;
January 12, 2015, previously published on December 23, 2014A recent decision of the Connecticut Supreme Court signals a growing trend in Health Insurance Portability and Accountability Act (HIPAA) jurisprudence that could prove significant in the broader data-security context.
Although HIPAA contains no private right of action and preempts contrary...
|A Fresh Crop of California Data Privacy Laws|
Julian M. Dibbell, Lei Shen; Davis LLP;
January 12, 2015, previously published on December 23, 2014California recently enacted three bills that expand the state’s online privacy and data security laws. The changes include an expansion of California’s existing data breach law, protections for the personal data of K-12 students and a new law giving minors a limited “right to be...
|Improving Cybersecurity Against Data Breaches: How Information Governance Paves the Way|
Kelly Friedman; Davis LLP;
January 12, 2015, previously published on November 18, 2014The issue of data breach is not exactly new, but in the past it has been relegated to a niche corner of information technology. Increasingly, however, cybersecurity is becoming a critical priority for businesses as a recent surge of high-profile data breaches hitting victims such as Sony, Target,...
|Corrective Action Earns Verizon End to FTC’s FiOS Router Investigation|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
January 10, 2015, previously published on November 14, 2014Corrective action taken by Verizon Communications to fix security issues with its FiOS and DSL routers resulted in the FTC closing its investigation to determine whether Verizon’s distribution of the routers was an unfair or deceptive practice.
|EU Sets Sights on Google.com Search Results|
Susan L. Foster; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
January 10, 2015, previously published on November 27, 2014(LONDON) The highly influential Article 29 Working Party, composed in part of representatives of the EU’s national data protection offices, has announced that the right to be forgotten applies to .com as well as country-specific search results.
|Social Media Policies Revisited: The Facebook “Like” As Protected Activity|
Erin Smith Aebel, Cheri A. Budzynski, James R. Carnes, Douglas A. Cherry, Mechelle Zarou; Shumaker, Loop & Kendrick, LLP;
January 10, 2015, previously published on October 28, 2014The National Labor Relations Board (“NLRB”) continues to expand its reach beyond its traditional role involving unionized workforces. In particular, the NLRB has continued an aggressive campaign begun in 2011 to crackdown on all employer policies governing social media, electronic...
|Internet Startups: Beware of Being a Money Transmitter|
Erin Smith Aebel, Cheri A. Budzynski, Douglas A. Cherry, Regina M. Joseph, Mechelle Zarou; Shumaker, Loop & Kendrick, LLP;
January 10, 2015, previously published on October 31, 2014So, you’ve got a great idea. Social media platforms are all about finding new solutions for old inefficiencies. And what’s more efficient than serving as a platform for an account holder to obtain a single cash payment in exchange for virtual currency he/she/it has received through...
|Discovery and Social Media|
Scott Jonathan Kennelly, Scott St. Amand; Rogers Towers, P.A.;
December 29, 2014, previously published on October 23, 2014The advent of social media has brought about many changes in the world of litigation, not the least of which is the availability of information that previously would have been impossible to discover. It is hardly an exaggeration that between Facebook, Instagram, Twitter and other social media...
|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...