Just as U.S. companies were settling into the idea of the EU’s General Protection Act (GDPR), California just passed the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et seq. (CCPA), which will require...more
7/13/2018
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
General Data Protection Regulation (GDPR) ,
New Legislation ,
Opt-Outs ,
Personally Identifiable Information ,
Private Right of Action ,
State and Local Government
Given the ever-expanding landscape of privacy laws and regulations, employers are becoming increasingly aware that they are responsible for data breaches caused by their employees. ...more
In the last year a number of states and major cities have passed laws prohibiting employers from obtaining past income/salary information from applicants. States with current legislation include California, Delaware,...more
The European Union’s (EU) General Data Protection Regulation (GDPR) goes into effect on May 25, and so do the significant fines against businesses that are not in compliance. Failure to comply carries penalties of up to 4...more
Virtually every significant gaming operator in the United States has some form of “free to play” online casino offering. Because no purchase is necessary to play (no consideration) and no valuable prizes are offered (i.e.,...more
As cybersecurity incidents affecting Target, Home Depot, Anthem, Sony, Ashley Madison, and many other companies have demonstrated, cybersecurity poses a significant legal risk to companies. ...more
4/6/2018
/ Cybersecurity ,
Data Breach ,
Data Processors ,
Data Protection ,
Digital Assets ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Risk Management ,
Sale of Assets
The European Union (EU) General Data Protection Regulation (GDPR) comes into effect on May 25, 2018, so in less than 60 days. While many companies have been working to ensure compliance with respect to their customer and...more
4/6/2018
/ Cybersecurity ,
Data Breach ,
Data Processors ,
Data Protection ,
Data Protection Impact Assessments (DPIAs) ,
Employer Liability Issues ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Multinationals ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Risk Management
If you are a US-based or multinational company, you may have noticed that in the past few months you have started to see a significant increase in the number of vendor (or other) agreements that you have been asked to modify...more
4/2/2018
/ Cybersecurity ,
Data Breach ,
Data Processors ,
Data Protection ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
International Data Transfers ,
Personal Data ,
Personally Identifiable Information ,
Risk Management
Currently there are a number of pending cases concerning the issue of whether Border searches can include a search of someone’s cellphone. On March 15, 2018, a divided 11th Circuit Court, upheld the conviction of a Florida...more
3/21/2018
/ Best Practices ,
Customs and Border Protection ,
Data Protection ,
Electronically Stored Information ,
Evidence ,
Fourth Amendment ,
Information Technology ,
International Travel ,
Mobile Device Management ,
Mobile Devices ,
Search & Seizure ,
Warrantless Searches
As we reported just last December, the National Labor Relations Board (NLRB or Board), issued Hy-Brand Industrial Contractors Ltd. and Brandt Construction Co., which overturned the 2015 Browning-Ferris Industries case that...more
3/1/2018
/ Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Deregulation ,
Franchises ,
Hiring & Firing ,
Joint Employers ,
NLRA ,
NLRB ,
Regulatory Reform ,
Staffing Agencies ,
Unions ,
Vacated ,
Wage and Hour
Executive Summary and Takeaway:
Trade secrets and confidential information are receiving increasing protection in many states, and as more states perceive this as a "business friendly" issue, this trend will continue and...more
2/21/2018
/ Alternative Minimum Tax ,
Corporate Taxes ,
Defend Trade Secrets Act (DTSA) ,
Employment Contract ,
Gaming ,
Hospitality Industry ,
Intellectual Property Protection ,
International Tax Issues ,
Legitimate Business Interest ,
New Legislation ,
Non-Compete Agreements ,
Restrictive Covenants ,
State and Local Government ,
Subject Matter Jurisdiction ,
Tax Cuts and Jobs Act ,
Tax Reform ,
Trade Secrets ,
Unfair Competition ,
Uniform Trade Secrets Acts
If you have an online account, you are familiar with the username/password method of user authentication. If you have been paying attention to recent news stories, however, you also recognize that this method of...more
For those familiar with the Shonda Rhimes juggernaut, Grey’s Anatomy, it is the story of surgical residents, fellows, and attending physicians as they work in the surgical wing of the fictional Grey Sloan Memorial Hospital....more
2/5/2018
/ Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Hackers ,
Health Care Providers ,
HIPAA Breach ,
PHI ,
Ransomware ,
Risk Management ,
Third-Party Risk
In late June 2017, the United States Department of Labor (DOL) announced it would be reinstating Opinion Letters issued by its Wage and Hour Division, which was a practice that had ceased back in 2010. This announcement is...more
1/15/2018
/ Administrative Exemption ,
Administrative Interpretation ,
Bonuses ,
Compensation & Benefits ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
On-Call Employees ,
Opinion Letter ,
Regulatory Oversight ,
Regulatory Reform ,
Trump Administration ,
Wage and Hour ,
Wage Deductions
With the end of 2017 right around the corner, the National Labor Relations Board (NLRB or Board) issued a duo of pro-employer decisions that continue to chip away at and erase its jurisprudence during the Obama...more
12/19/2017
/ Boeing ,
Browning-Ferris Industries of California Inc. ,
Collective Bargaining ,
Deregulation ,
Employee Rights ,
Employment Policies ,
Joint Employers ,
NLRA ,
NLRB ,
Protected Concerted Activity ,
Regulatory Oversight ,
Regulatory Reform ,
Section 7 ,
Staffing Agencies ,
Unions ,
Video Recordings
Most people have heard of the Internet of Things, or IoT. With the holidays fast approaching, and with the onslaught of new smart and Internet-connected smart toys, for parents and toy manufacturers, at least for the next few...more
12/6/2017
/ Children's Toys ,
Connected Items ,
COPPA ,
Data Collection ,
Federal Trade Commission (FTC) ,
FERPA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internet of Things ,
Mobile Device Management ,
Personally Identifiable Information ,
Popular ,
Smart Devices ,
Technology Sector ,
Wearable Technology
By now, you’ve probably heard that over 143 million records containing highly sensitive personal information have been compromised in the Equifax data breach. With numbers exceeding 40% of the population of the United States...more
When the topic of data privacy and cyber security comes up, most people automatically think of data breaches, especially given the high-profile nature of so many of them. Breaches and hacks are certainly an issue about which...more
9/11/2017
/ Banking Sector ,
Check Cashing ,
Couriers ,
Cybersecurity ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Financial Services Industry ,
Gramm-Leach-Blilely Act ,
Mortgage Brokers ,
Non-Bank Lenders ,
Payday Loans ,
Personally Identifiable Information ,
Popular ,
Privacy Rule ,
Regulatory Oversight ,
Tax Preparers ,
WISP
Is it okay to scrape data from another website? This is a frequently asked question that almost always leads to an ambiguous and equivocal answer. Legal practitioners are quick to point out the risks of civil and criminal...more
As of October 1, 2017, Nevada will join California and Delaware to require the operators of certain websites and online services to post a notice on their website informing users about their privacy practices....more
Sometimes, it’s easy to know you’re being phished. There’s little chance that a bank administrator in a country you’ve never heard of really needs your help to get the unclaimed money of a deceased, rich foreigner out of the...more
The U.S. Department of Health and Human Services Office for Civil Rights (OCR) announced a $2.5 million Health Insurance Portability and Accountability Act of 1996 (HIPAA) settlement with CardioNet, which is a company that...more
The Department of Health and Human Services’ Office for Civil Rights (ORC) announced an agreement to settle possible Health Insurance Portability and Accountability Act (HIPAA) violations with The Center for Children’s...more
Are you doing business in Tennessee? Do you have computerized personal information about anyone in Tennessee (including employees, clients, or customers)? Are you encrypting that data in accordance with the current version of...more
The U.S. Department of Health and Human Services, Office for Civil Rights (OCR), has announced another Health Insurance Portability and Accountability Act of 1996 (HIPAA) settlement. This one is with Metro Community Provider...more
4/17/2017
/ Data Breach ,
Electronic Medical Records ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Breach ,
HIPAA Privacy Rule ,
OCR ,
Personally Identifiable Information ,
PHI ,
Risk Management ,
Settlement