Heather Egan Sussman

Heather Egan Sussman

McDermott Will & Emery

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Privacy and Data Protection: 2014 Year in Review

In 2014, regulators around the globe issued guidelines, legislation and penalties in an effort to enhance security and control within the ever-shifting field of privacy and data protection. The Federal Trade Commission...more

12/11/2014 - Africa Anti-Spam Legislation Canada China Cybersecurity Data Protection EU EU Data Protection Laws FTC Latin America Legislative Agendas

International News: Focus on Compliance

In This Issue - Welcome to the final issue of International News for 2014. As regulatory oversight of companies—from Sarbanes Oxley and the Dodd-Frank Act to the Foreign Corrupt Practices Act and the UK Bribery...more

12/3/2014 - Chief Compliance Officers China COMESA Compliance Disclosure Requirements Dodd-Frank EU FCPA Germany Internal Investigations Non-Compete Agreements Sarbanes-Oxley Tax Evasion UK Bribery Act

Wearable Technologies Are Here To Stay: Here’s How the Workplace Can Prepare

More than a decade ago, “dual use” devices (i.e., one device used for both work and personal reasons) began creeping into workplaces around the globe. Some employees insisted on bringing fancy new smart phones from home to...more

9/10/2014 - Bring Your Own Device Corporate Counsel Employee Rights Human Resources Professionals NLRA NLRB Technology Wearable Technology

New Data Disposal Law in Delaware Requires Action by Impacted Businesses

While the federal government continues its inaction on data security bills pending in Congress, some U.S. states have been busy at work on this issue over the summer. A new Delaware law H.B. 295, signed into law on July 1,...more

8/28/2014 - Compliance Data Protection Enforcement Enforcement Actions FCRA HIPAA Popular

Supreme Court Prohibits Warrantless Mobile Phone Searches, Underscores Individual Right to Privacy

The Supreme Court of the United States released a unanimous decision last week barring law enforcement from searching the mobile phones of individuals placed under arrest without first obtaining a search warrant or the...more

7/3/2014 - Cell Phones Evidence Fourth Amendment Law Enforcement Riley v California SCOTUS Search Warrant

Proposed Ban on Non-Competes in Massachusetts

Proposed legislation introduced by Governor Patrick to eliminate most forms of non-competition agreement in Massachusetts may be enacted before July 31, 2014. This legislation creates significant risks for employers with...more

6/2/2014 - Employment Contract Employment Policies Equity Compensation Hiring & Firing Incentive Compensation Non-Compete Agreements Proposed Legislation

The California AG’s New Guide on CalOPPA – A Summary for Privacy Pros

Last week, the California Attorney General’s Office (AGO) released a series of recommendations entitled Making Your Privacy Practices Public (Guide) designed to help companies meet the requirements of California’s Online...more

5/30/2014 - Attorney Generals CalOPPA Data Protection Data-Sharing Do Not Track Privacy Policy Third-Party

The New Normal: Big Data Comes of Age

On May 1, 2014, the White House released two reports addressing the public policy implications of the proliferation of big data. The first report is by the Executive Office of the President, entitled “Big Data: Seizing...more

5/13/2014 - Barack Obama Big Data Data Breach Data Protection ECPA Healthcare Legislative Agendas Life Sciences Privacy Laws Privacy Policy Public Policy

Have Employees In New York City? Earned Sick Time Act Requires Notice by TODAY, May 1

New York City’s Earned Sick Time Act (Act) requires all Covered Employers to provide all Covered Employees with written notice of the new law by today, May 1, 2014....more

5/1/2014 - Employee Rights Paid Leave Sick Leave

Trendy “Cybersecurity” Versus Traditional “Information Security” Two Sides of the Same Security Coin

Cybersecurity has become a dominant topic of the day. The Snowden revelations, the mega-data breaches of 2013, the pervasiveness of invisible online “tracking” and the proliferation of “ data broker” trading in personal data...more

4/24/2014 - Breach Notification Rule Cybersecurity Cybersecurity Framework Data Breach Data Protection Disclosure Requirements NIST SEC

Take Action to Stop the Bleeding: Follow These Steps

“Heartbleed” has been all over the news, and companies have been scrambling to respond. What sounds like a nasty medical condition is actually a recently discovered flaw in popular encryption software called OpenSSL. It has...more

4/15/2014 - Cybersecurity Data Breach FTC Heartbleed Internet Privacy

U.S. Privacy and Data Protection: 2013 Year in Review and a Look Ahead to 2014

In Boston, we celebrated Data Privacy Day (January 28) by presenting “U.S. Privacy and Data Protection: 2013 Year In Review and a Prediction of What’s to Come in 2014” for participants in an IAPP KnowledgeNet. Our panel of...more

1/29/2014 - Affordable Care Act Compliance Cybersecurity Data Breach Data Protection EHR Enforcement Enforcement Actions Healthcare HIPAA Neiman Marcus Personally Identifiable Information PHI Privacy Laws Safe Harbors Target

In with the New: 2014 Privacy, Advertising and Digital Media Predictions

Data privacy and security made the headlines practically daily in 2013. Our second annual Privacy and Data Protection 2013 Year in Review topped 65 pages! What privacy, advertising and digital media trends will make...more

1/27/2014 - Advertising CalOPPA COPPA Data Breach Data Protection Digital Media FTC Media Privacy Laws Safe Harbors

To Track or Not to Track

Digital advertising based on tracking users’ interests and related privacy concerns have been the subject of many recent news articles. What does this mean for businesses? Evolving industry practices and new legislation...more

10/22/2013 - CalOPPA Do Not Track Internet Privacy Laws Privacy Policy Websites

Florida Medical Record Disclosure Law Preempted by HIPAA

The U.S. Court of Appeals for the 11th Circuit recently ruled that a Florida law requiring nursing homes to disclose patient records of deceased patients was preempted by the Health Insurance Portability and Accountability...more

5/20/2013 - Disclosure Requirements HIPAA Medical Records Nursing Homes Preemption

FTC Updates Guidelines for Making Proper Disclosures in Digital Advertising

The U.S. Federal Trade Commission (FTC) released updated guidance on how to make online advertising and marketing disclosures “clear and conspicuous” to avoid consumer deception. The guidelines affect the structure and...more

4/23/2013

Final Rule Implementing FMLA Amendments Expands Protections for Military Families and Airline Flight Crews

The U.S. Department of Labor recently issued a final rule implementing new expanded rights for families of military members and veterans, and greater access to Family and Medical Leave Act (FMLA) leave for airline flight...more

4/11/2013 - DOL Flight Crews FMLA Military Caregiver Leave Military Service Members NDAA

FTC Recommends Privacy Practices for Mobile Apps

A new Federal Trade Commission report urges mobile app platforms and developers to better inform consumers about their privacy practices. Mobile app platforms and developers should review their privacy policies to ensure...more

2/26/2013 - Advertising Networks App Developers COPPA Dashboard Do Not Track FTC Geolocation Information Sharing Just-In-Time Disclosures Mobile App Privacy Guidelines Mobile Apps Mobile Privacy Disclosures Privacy Policy Third-Party Trade Associations

Public Company Priorities for the New Year

Looking ahead to 2013, directors, executives and general counsel of public companies can take some solace from the fact that 2012 was not a year in which a large number of significant new disclosure rules or governance...more

12/19/2012 - Conflict Mineral Rules Cybersecurity Dodd-Frank FCPA Proxy Voting Guidelines SEC Social Media Swaps

Federal Trade Commission Announces Interim Final Red Flags Rule

The Federal Trade Commission’s interim final rule, which clarifies that most service providers are not subject to the Red Flags Rule, takes effect February 11, 2013....more

12/7/2012 - FTC Red Flags Rule

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