Debbie Gersh

Debbie Gersh

Ropes & Gray LLP

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Latest Publications


ALJ Dismisses FTC Data Security Claims Against LabMD Due to Lack of Actual or Likely Substantial Consumer Harm

On November 13, a Federal Trade Commission administrative law judge dismissed the FTC data security complaint against medical laboratory LabMD, potentially vindicating LabMD’s vigorous two-year struggle to deny the FTC’s...more

11/25/2015 - ALJ Data Breach FTC LabMD Section 5

California Attorney General Issues Guidance on Do Not Track

In 2013, the California Legislature passed a tracking transparency bill, AB 370, which amended the California Online Privacy Protection Act (“CalOPPA”). AB 370 requires commercial website operators to inform users of how they...more

5/28/2014 - Amended Regulation Attorney Generals Best Management Practices CalOPPA Data Protection Disclosure Requirements Do Not Track FTC Personally Identifiable Information Privacy Policy Websites

Hulu Video Privacy Protection Act Summary Judgment Ruling in the N.D. of California Emphasizes Importance of Knowing What Data...

On Monday, April 28, 2014, the Northern District of California in In Re: Hulu Privacy Litigation, No. 3:11-cv-03764-LB (M.J. Laurel Beeler), issued a summary judgment opinion under the Video Privacy Protection Act (“VPPA”),...more

5/5/2014 - Class Action Data Collection Data-Sharing Facebook Hulu Personally Identifiable Information Privacy Disclosures Third-Party Video Privacy Protection Act

No More Excuses: HHS Issues New HIPAA Tool for Small Businesses

Three U.S. Department of Health and Human Services (“HHS”) agencies, the Office for the National Coordinator for Health IT (“ONC”), in conjunction with the Office for Civil Rights (“OCR”) and the Office of the General Counsel...more

4/10/2014 - Audits HHS HIPAA OGC Risk Assessment Small Business

Ninth Circuit Rules Against Spokeo on FCRA Claim

On February 4, 2014, the U.S. Court of Appeals for the Ninth Circuit held that plaintiffs need not allege actual injury to demonstrate constitutional standing for a willful violation of the Fair Credit Reporting Act (the...more

2/13/2014 - Article III FCRA Willful Violations

HHS Issues Proposed Rule Requiring Health Plans to Demonstrate Compliance with HIPAA Electronic Transaction Standards and...

On January 2, 2014, the U.S. Department of Health and Human Services (HHS) published a proposed rule that would require “controlling health plans” (CHPs) to demonstrate compliance with certain electronic transaction standards...more

1/9/2014 - EFTs Healthcare HHS HIPAA Qualified Health Plans

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