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|Tennessee Limits Employers’ Access to Private Social Media Accounts of Employees, Job Applicants|
Jackson Lewis P.C.;
May 19, 2014, previously published on May 13, 2014Tennessee has joined the growing number of states that prohibits employers, including government entities, from requesting or requiring access to the private social networking or online accounts of employees and job applicants. The Employee Online Privacy Act of 2014, signed by Governor Bill Haslam...
|SEC’s Social Media Guidance on Required Legends Raises More Questions|
Candace R. Jackson; Husch Blackwell LLP;
May 19, 2014, previously published on May 12, 2014Rule 165 of the Securities Act of 1933 permits the offeror of securities in a business combination transaction to make public statements related to or in connection with the transaction, both before and after the filing of a registration statement related to the transaction, as long as the...
|Cybersecurity: A Growing Concern for the Utility Industry|
McDonald Hopkins LLC;
May 13, 2014, previously published on May 6, 2014The scope of the cybersecurity threat is large and continues to grow for the utility industry. After the well-publicized data breach of Target's credit card system, companies of all sizes and variety need to make cybersecurity a top priority. Protection of customer and employee information is...
McDonald Hopkins LLC;
May 13, 2014, previously published on May 2, 2014The Federal Communications Commission (FCC) is trying to rework net-neutrality regulations after old regulations were struck down in court in January.
|SEC Cybersecurity Initiative: Five Steps ALL Broker-Dealers and Investment Advisers Should be Taking|
Cynthia J. Larose, Breton Leone-Quick, A. W. "Chip" Phinney, Joel D. Rothman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 13, 2014, previously published on May 6, 2014Last week, the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) released a Risk Alert announcing its Cybersecurity Initiative. What does this mean to broker-dealers and investment advisers and, even if you are not one of the “chosen...
|Cyber Risks for the Boardroom Part 3: Top Questions Directors Should be Asking about D&O Coverage|
Danny Harary, Heidi A. Lawson; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
May 13, 2014, previously published on May 7, 2014Directors never want to be in the unenviable position of having to seek coverage under their D&O policy. Nevertheless the D&O policy is an indispensable corporate expense, particularly in the case of public companies, where exposures can be much higher. Especially today, when companies are...
|Data Privacy Alert: Prepare for Changes to the US-EU Safe Harbor|
Neil Ray; Sheppard, Mullin, Richter & Hampton LLP;
May 12, 2014, previously published on May 1, 2014In the aftermath of disclosures of the extent of U.S. government monitoring of private communications, the European Commission is currently considering changes in the U.S.-EU Safe Harbor framework. The EU and its member states already have some of the strictest data privacy laws in the world. Under...
|Canada’s Anti-Spam Legislation: Are You Prepared?|
Chad Matheson; Cassels Brock & Blackwell LLP;
May 12, 2014, previously published on May 2, 2014On July 1, 2014, certain provisions of Canada’s Anti-Spam legislation (“CASL”) will come into force and govern how businesses can communicate with Canadian recipients. Given its scope, CASL is considered to be one of the most stringent commercial electronic messaging laws in the...
|White House Issues Two Big Data Reports; Florida Legislature Passes Revamped Breach Notification Law|
Chanley T. Howell, James R. Kalyvas, Steven M. Millendorf, Michael R. Overly; Foley & Lardner LLP;
May 6, 2014, previously published on May 2, 2014Yesterday, May 1, was a big day for privacy in the news. The White House issued 2 reports on the privacy implications of Big Data, and the Florida legislature overhauled the state’s security breach notification law, strengthening and adding several new requirements relating to data security...
|FTC Offers Guidance on Social Media Contests|
Bruce Colbath; Sheppard Mullin Richter Hampton LLP;
April 30, 2014, previously published on April 28, 2014In a recent (March 20, 2014) letter, the Federal Trade Commission (FTC) offered guidance as to the factors to consider in evaluating whether entry into a contest on a social media site is a form of material connection requiring disclosure under the FTC Endorsement Guidelines. At issue before the...