Gavrila Brotz

Gavrila Brotz

Carlton Fields Jorden Burt

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RadioShack’s Consumer Data: A Highly Scrutinized Asset

Following the Texas Attorney General’s objection to the sale of RadioShack Corporation’s consumer data as an asset in its bankruptcy, 37 other state attorneys general and a large number of other consumer protection entities...more

6/24/2015 - Commercial Bankruptcy Cybersecurity Data Collection Data Protection Digital Assets Federal Trade Commission Act FTC Intellectual Property Protection Personally Identifiable Information Popular RadioShack Technology Unfair or Deceptive Trade Practices

Trademarks in Cuba, Successful Whistleblowers, Big Data, Health Care Encryption, Jury Instruction Tips [Expect Focus – Vol. 1,...

IN THE SPOTLIGHT · Is your Company Ready to Comply with Encryption of Individually Identifiable Health Information? LIFE INSURANCE · STOLI Schemers Must Make Good on Damages Caused · At the State Level, Is a Fixed-Index...more

4/10/2015

State Law Claims Based on HIPAA Guideline Violations Are Not Preempted by HIPAA

Though the Health Insurance Portability and Accountability Act of 1996 (HIPAA) precludes a private right of action in the event of a breach of confidentiality, recent decisions have found that claims based on such breaches...more

4/8/2015 - Data Breach HIPAA Preemption Private Right of Action State Law Claims

No Harm, No Standing: Texas Federal Court Dismisses Data Breach Class Action

Dismissing a class action based on a data breach, the Southern District of Texas added to the growing number of decisions that find an alleged risk of future identity theft due to a data breach is not an injury that creates...more

2/18/2015 - Actual Injuries Class Action Corporate Counsel Data Breach Dismissals Health Care Providers Personally Identifiable Information PHI Popular

Expect Focus - Spot The Regulator, Volume IV, Fall 2014

In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate...more

1/16/2015 - Automotive Loans CFTC Class Action Consumer Complaint System Data Breach Divorce Driverless Cars FCC Healthcare HIPAA Insurance Industry Life Insurance Money Market Funds Mortgages NAIC Private Equity Funds STOLI Unsolicited Faxes

Protections Governing Theft and Publication of Medical Records

As instances of medical data breaches increase, U.S. courts are interpreting the scope of liability stemming from them. In California, the court in Sutter Health et al. v. The Superior Court of Sacramento County (Atkins) held...more

1/13/2015 - Class Action CMIA Damages Data Breach Patient Confidentiality Breaches PHI Sutter Health

Florida Governor Signs Florida Information Protection Act

On April 30, the Florida House of Representatives unanimously passed the Florida Information Protection Act of 2014, Senate Bill 1524. On June 20, 2014, Governor Rick Scott signed the bill into law. The bill becomes effective...more

7/1/2014 - Data Breach New Legislation Notice Requirements Personally Identifiable Information

Data Breach Class Action Not Barred by Lack of Individual Injury in West Virginia

In a potentially groundbreaking decision, the Supreme Court of Appeals of West Virginia reversed a trial court’s order denying class certification in a data breach class action. The case, Tabata v. Charleston Area Medical...more

6/25/2014 - Class Action Class Certification Confidentiality Agreements Data Breach Data Protection Invasion of Privacy Standing

Florida Legislature Unanimously Passes Florida Information Protection Act

On April 30, the Florida House of Representatives unanimously passed the Florida Information Protection Act of 2014, Senate Bill 1524. It now awaits Governor Scott's signature. ...more

5/13/2014 - Cybersecurity Data Breach Information Security New Legislation Notice Requirements Personally Identifiable Information Unfair or Deceptive Trade Practices

Florida’s Second District Court Of Appeal Issues Important Decision On Inadmissibility Of Physician Board Certification Exam...

In medical malpractice litigation, the argument has increasingly been made that a physician’s board certification examination results, or more specifically, evidence of a physician’s failure to pass a board certification...more

10/29/2013 - Admissibility Certifications Evidence Physicians

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