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Lessons Learned from Target’s Data Breach Discovery Win - Five Strategies for Maintaining Privilege in the Aftermath of a Data...

A thousand questions immediately flood any lawyer’s mind when they first hear that their client may have been affected by a data breach. How did it happen? What data were affected? Was there any personal information affected,...more

President Obama’s Security Breach Notification Bill Needs Work

The White House recently released The Personal Data Notification & Protection Act as part of an extensive proposal to safeguard data and improve cyber security. The proposal was released in a preview of the State of the Union...more

Employer Liability for Employees’ Privacy Violations: What your organization should learn from Walgreens’ expensive lesson (hint:...

You may already have read the scintillating facts surrounding a jury award of $1.44 million (recently challenged unsuccessfully on appeal) against Walgreen Co. (Walgreens) following its pharmacist’s alleged inappropriate...more

Scripts - November 2013

In this issue: - New Wellness Program Rules for 2014 - Now That We Know The Basic Rules… Drafting Covenants Not To Compete To Maximize The Likelihood Of Enforcement - Excerpt from New Wellness Program...more

Sponsors Drop California Ballot Initiative Intended to Transform Privacy Class Actions

Recent reports have circulated regarding a California ballot initiative that, if successful, might have marked the second time California would have caused a national shift in privacy law. Just 10 years ago, California...more

Countdown to HITECH Compliance: How to Redistribute Your Notice of Privacy Practices

September 23, 2013 is the fast-approaching compliance deadline for the final omnibus HIPAA/HITECH rules. Many provisions required revisions to Notices of Privacy Practices (NPPs) maintained and distributed by covered...more

Tick, Tock: Less than 60 Days to Comply with Updated HIPAA/HITECH Rules

There are now less than 60 days left for covered entities and business associates to implement provisions set forth in the final omnibus HIPAA/HITECH rules issued by the U.S. Department of Health and Human Services (HHS) in...more

Bring Your Own Device Programs and Health Care: Too Risky to Work? - Scripts - News for the Health Care Community

Recent workplace surveys report that as many as 87% of employees use personal electronic devices for work, raising compliance, data loss, and security risks for their employers. As a result, designing a workable...more

New COPPA Rule Now In Effect

In December 2012, the Federal Trade Commission (FTC) issued revisions to the Children’s Online Privacy Protection Act Rule (COPPA Rule or Rule). The COPPA Rule creates extensive parental notice and consent requirements, among...more

Privacy Regulators Take to the Web in Search of Deficient Privacy Policies

Regulators have historically taken a reactive approach to privacy and information security issues related to websites and mobile apps, often waiting to take action until a potential violation has been brought to their...more

Scripts - April 2013

In This Issue: - Key Provisions In the Final Omnibus HIPAA/HITECH Rules and What They Mean for You - NLRB and EEOC May Target Employer Efforts to Keep Employees Quiet During Internal Investigations -...more

President Obama’s Cybersecurity Executive Order and What it Means For Your Organization

On February 12, President Obama signed a much-anticipated cybersecurity executive order intended to “enhance the security and resilience” of U.S. critical infrastructure. The executive order is very similar to a draft leaked...more

HIPAA Risk Analysis

HIPAA relies heavily on risk analysis in multiple contexts. For example, risk analysis has a major role in the Breach Notification Rule under the new regulations issued by the U.S. Department Health and Human Services on...more

A Comprehensive Summary of the Final Omnibus HIPAA/HITECH Rules: Key Provisions and What They Mean for You

Executive Summary - On January 25, 2013, the Federal Register will publish final omnibus rules written by the U.S. Department of Health and Human Services (HHS) to modify the HIPAA Privacy, Security, Breach...more

Brace for Impact – Final HITECH Rules Will Require Substantially More Breach Reporting

HHS has finally issued its omnibus HITECH Rules. Our firm will issue a comprehensive summary of the rules shortly, but of immediate import is the change to the breach reporting harm threshold. The modification will make it...more

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