Jonathan Cain

Jonathan Cain

Mintz Levin

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Latest Publications


Applying for a Waiver From U.S. Manufacturing Requirements For Federally Funded Intellectual Property

Countless ideas and inventions are developed at U.S. universities every year, often with federal funding. Many of these important ideas could not be commercialized for the public’s benefit without the Bayh-Dole Act, which...more

8/25/2015 - Assignment of Inventions Bayh-Dole Act Federal Funding Foreign Manufacturers GAO Hospitals Inventions Licensing Rights Manufacturing Nonprofit Research Organizations Patent Ownership Patents Universities Waivers

NIST Publishes Cybersecurity Standards Objectives

The National Institute of Standards and Technology has published a draft of its objectives for cybersecurity standardization, following in many ways the consultative model that it used successfully in drafting the NIST...more

8/25/2015 - Comment Period Cybersecurity Cybersecurity Framework Information Technology Network Security NIST Software Supply Chain

Controls Coming for Intrusion & Network Surveillance Tools

The Commerce Department’s export control agency, BIS, has proposed a new rule to control exports of equipment and software designed or modified to perform network intrusion and internet protocol communications surveillance. ...more

6/12/2015 - Canada Cybersecurity Export Controls Exports Internet Licenses Software Surveillance Technology

Responding to Insider Data Theft

Our 2015 monthly Privacy Issues Wednesday webinar series continued this month with Jonathan Cain and Paul Pelletier’s Responding to Insider Data Theft & Disclosure presentation. Jonathan and Paul discussed how distinguishing...more

3/27/2015 - CFAA Corporate Counsel Data Theft Popular

Cybersecurity Executive Order: Not Much New

President Obama’s February 13 Executive Order, “Promoting Private Sector Cybersecurity Information Sharing” (the “EO”), turns out to be light on new measures to improve cybersecurity, but focused heavily on adjustments to...more

2/19/2015 - Barack Obama Cybersecurity Executive Orders Information Sharing Popular

DOL Looks to Update/Modernize Sex Discrimination Guidelines for Federal Contractors and Subcontractors

Yesterday, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a notice of proposed rulemaking that would rescind the Labor Department’s sex discrimination guidelines for federal...more

1/30/2015 - DOL Employer Liability Issues Federal Contractors NOPR OFCCP Sex Discrimination Subcontractors

On the Ninth Day of Privacy, my true love gave to me….

a tracking device in my car …. she is now my ex-true love…. A year ago, privacy and data security issues in the media were all about credit cards and identity theft. Concerns about privacy related to location data...more

12/19/2014 - Automotive Industry Black Box Data Collection Data Protection Facebook FCC FTC Law Enforcement Mobile Devices NHTSA Privacy Laws SnapChat Uber Vehicle Tracking

SBIR/STTR Policy Directive Update: What’s Ahead for Data Rights

On November 7, the Small Business Administration (SBA) released an advanced notice of Policy Directive amendments and a request for comment on revisions to Small Business Innovation Research (SBIR) and Small Business...more

12/9/2014 - Data Protection Federal Contractors Federal Procurement Systems Proposed Amendments Rulemaking Process SBA SBIRs STTR

Corrective Action Earns Verizon End to FTC’s FiOS Router Investigation

Corrective action taken by Verizon Communications to fix security issues with its FiOS and DSL routers resulted in the FTC closing its investigation to determine whether Verizon’s distribution of the routers was an unfair or...more

11/14/2014 - FTC Internet Service Providers (ISPs) Unfair or Deceptive Trade Practices Verizon

Mandatory Privacy Training Rule for Federal Contractors Expected Soon

A rule to require federal contactors handling personally identifiable information to train their employees in safeguarding the information is close to release. Under the anticipated rule, contractor employees will have to...more

11/11/2014 - Compliance Federal Contractors OMB Privacy Policy Training

VETS-100 and 100A Veteran Hiring Reports Retired by the Department of Labor

The Department of Labor published a final regulation on September 25, 2014 that relieves federal contractors from filing VETS-100 and VETS-100A veterans hiring reports after 2014. The rules that required the VETS-100 Report...more

9/26/2014 - DOL Hiring & Firing Veterans VETS-100

NIST Seeks Comments on Cybersecurity Framework

The National Institute of Standards and Technology (NIST), publishers of the Framework for Improving Critical Infrastructure Cybersecurity (the “Framework”) last February, have published a Request for Information in the...more

8/28/2014 - Cybersecurity Cybersecurity Framework NIST Request For Information

Wearable Devices in the Workplace Challenge Data Security and Privacy

Wearable devices, including health and activity monitors, video and audio recorders, location trackers, and other interconnected devices in the form of watches, wristbands, glasses, rings, bracelets, belts, gloves, earrings,...more

8/22/2014 - Corporate Counsel Data Protection Employer Liability Issues Employment Policies Popular Privacy Concerns Wearable Technology

Labor Department Adds Gender Identity and Transgender Status to Prohibition on Sex Discrimination

On August 19, 2014, the Department of Labor issued a guidance advising that it will consider cases of discrimination based upon gender identity and transgender status to be violations of Title VII of the Civil Rights Act and...more

8/21/2014 - Civil Rights Act Discrimination DOL Executive Orders Federal Contractors Gender Discrimination Gender Identity Title VII Transgender

Proposed Counterfeit Parts Rule Would Expand Coverage to Commercial Products Sold to Any Federal Agency

On June 10, 2014 the federal government proposed to expand the coverage of the rule designed to weed out counterfeit electronic parts in products sold to the Government. The new rule, if adopted in the form proposed, would...more

6/13/2014 - Counterfeiting DOD Electronics Federal Contractors Manufacturers New Regulations

Health Data Breach Victims Have Standing to Sue Says WV Supreme Court

The most common defense against class actions for data breach has itself been breached in a ruling last week by the West Virginia Supreme Court....more

6/4/2014 - Class Action Class Certification Confidential Information Corporate Counsel Data Breach Doctor-Patient Privilege HIPAA Invasion of Privacy Medical Records Patient Confidentiality Breaches

State Data Security Breach Notification Laws

The general definition of “personal information” or “PI” used in the majority of statutes is: An individual’s first name or first initial and last name plus one or more of following data elements: (i) Social Security number,...more

4/24/2014 - Breach Notification Rule Data Breach Data Protection

Federal IT Acquisition Policy Recommendations Focus on Cybersecurity

The Department of Defense and the General Services Administration, which together spend more than $500 billion annually on information technology, have released a joint report to the White House recommending steps to upgrade...more

1/31/2014 - Cybersecurity Cybersecurity Framework Department of Defense Executive Orders GSA NIST

Data Brokers Under Scrutiny

The Senate Commerce Committee released this morning its majority staff report, A Review of the Data Broker Industry: Collection, Use, and Sale of Consumer Data for Marketing Purposes, on the practices data brokers use to...more

12/19/2013 - Data Brokers Data Collection Data Protection Investigations Right to Privacy

On the Sixth Day of Privacy, the Congress Gave to Me…..

Not much...perhaps we should send them a box of coal. So, we look ahead... If you believe that Congress does best when it does least, then 2013 was an outstanding year – at least as far as privacy and data protection...more

12/16/2013 - CISPA Cybersecurity Cybersecurity Framework FISMA NIST Privacy Laws Privacy Policy

On the Fourth Day of Privacy, the Internet gave to me….

Web cameras, burglar alarms, fitness monitors, smartphones, and a host of other internet connected devices all have the potential to invade privacy by collecting and sharing personal information. Yet in many cases, the...more

12/12/2013 - Cybersecurity Data Breach Data Collection FTC Internet Personally Identifiable Information

Data Security Advisory for Federal Contractors: Safeguarding Unclassified Controlled Technical Information

The Department of Defense (DoD) has published its new final rule governing the security measures imposed on DoD unclassified technical information resident on or passing through the unclassified information systems of its...more

12/12/2013 - Contractors Cybersecurity Data Protection DFARS DOD NIST Subcontractors

NIST Opens 45-Day Comment Period on Cybersecurity Framework

We have published prior advisories concerning the development by the National Institute of Standards and Technology of a cybersecurity “Framework” intended to be adopted by owners of critical infrastructure to enhance the...more

10/31/2013 - Cybersecurity NIST Public Comment

Privacy Monday: October 28, 2103 — NIST Cybersecurity “Framework” Published for Comment

The National Institute of Standards and Technology (NIST) has published its preliminary cybersecurity “Framework” that it was directed to develop in Executive Order 13636. The Executive Order requires that NIST develop and...more

10/29/2013 - Cybersecurity Cybersecurity Framework NIST

NIST Publishes Preliminary Federal Cybersecurity “Framework” for Comment

On October 22, the National Institute of Standards and Technology (NIST) published a preliminary cybersecurity “Framework” that it was directed to develop in Executive Order 13636. The Executive Order requires that NIST...more

10/25/2013 - Cybersecurity Cybersecurity Framework NIST

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