Jill Jaffe

Jill Jaffe

Nossaman LLP

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Latest Publications


Notice-and-Comment is Not Required for Changes Made to Interpretive Rules

On March 9, 2015, Justice Sotomayor, writing on behalf of the majority, overturned the Paralyzed Veterans doctrine, which requires federal agencies to use a notice-and-comment process before making a significant revision to...more

3/23/2015 - Administrative Procedure Act Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Statutory Interpretation

Anthem Breach – Implications for What Constitutes “Reasonable” Security Procedures Under California Law.

Upwards of 80 million Americans may be affected by the Anthem data breach.  According to Anthem’s press release, the hackers gained access to the names, birthdays, medical IDs/social security numbers, street addresses, email...more

2/10/2015 - Anthem Insurance Class Action Data Breach Government Investigations Insurance Companies Personally Identifiable Information Popular

Disclosing Data Collection Practices: Is An Opt-Out Program Enough?

Verizon Wireless announced last Friday that its customers will soon be able to opt out of the tracking identifiers Verizon uses to target ads at its customers.  These tracking identifiers, dubbed supercookies, are unique...more

2/4/2015 - Advertising Cookies Data Collection Data Mining Facebook Google Opt-Outs Popular Verizon

New York Will Consider Increasing Data Security Laws

New York’s Attorney General, Eric T. Schneiderman, plans to propose new data security legislation this year which, if enacted, could result in New York having one of the strongest data breach laws in the country....more

1/27/2015 - Data Protection Personally Identifiable Information Proposed Legislation

Cybersecurity: It’s Not Just An “IT” Problem Anymore

Cybersecurity breaches made headlines in 2014, but how troubling is it? Very, according to findings recently published by PricewaterhouseCoopers LLP (PwC). According to PwC’s research, global cybersecurity incidents...more

1/2/2015 - Banking Sector Banks Cyber Attacks Cyber Crimes Cybersecurity Financial Institutions OCIE Pricewaterhousecoopers

The Hearsay Rule Matters In Calif. PUC Proceedings

On Feb. 5, 2014, the California Court of Appeal for the First District issued its decision in The Utility Reform Network v. Public Utilities Commission (TURN v. PUC), in which the court established a clear rule that hearsay...more

3/13/2014 - CPUC Hearsay PG&E Power Plants Utilities Sector

The Hearsay Rule Matters in California Public Utilities Commission Proceedings

Just last week, the California Court of Appeal issued its decision in The Utility Reform Network v. Public Utilities Commission (TURN v. PUC), in which the Court established a clear rule that hearsay evidence in-and-of-itself...more

2/11/2014 - CPUC Hearsay PG&E Utilities Sector

Limited Defenses Available Against FDIC As Receiver

As of August 2013, since the fallout from the recent financial crisis, the FDIC as receiver for failed banks has brought suit against former directors and officers of 76 failed institutions. These lawsuits are based on...more

10/11/2013 - Banking Crisis Board of Directors Defense Strategies FDIC Fiduciary Duty FIRREA FTCA Gross Negligence Negligence Receivership

California Public Utilities Commission Proceeding Updates Affecting the California Biogas Industry

Two pending proceedings at the California Public Utilities Commission ("CPUC") will substantially influence market opportunities for instate biogas producers. The CPUC initiated a rulemaking last week to address a number of...more

3/4/2013 - Biofuel CPUC Renewable Energy

New Biogas Rules to be Considered at California Public Utilities Commission

Upcoming decisions of the California Public Utilities Commission ("CPUC") on two matters related to biogas will substantially influence market opportunities for instate biogas producers for the foreseeable future. The CPUC is...more

1/18/2013 - Biofuel Competition CPUC Pipelines Renewable Energy Safety Precautions Tariffs

Greenhouse Gas Allowance Auction Revenues Possibly On Track to be Returned to Utility Customers

On December 20, 2012, the California Public Utilities Commission ("CPUC") issued a decision directing the allocation of revenues generated by the investor-owned utilities' auctioning of greenhouse gas ("GHG") allowances...more

1/15/2013 - Cap-and-Trade GHG Auction Global Warming Solutions Act Greenhouse Gas Emissions

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