Michael Slipsky

Michael Slipsky

Poyner Spruill LLP

Contact  |  View Bio  |  RSS

Latest Publications


The States Also Rise: Recent Settlements Illustrate Potential Pitfalls Regarding Children’s Privacy Laws

Earlier this summer, we highlighted a settlement where the FTC proposed its largest fine to date under the Children’s Online Privacy Protection Act (COPPA) against software maker InMobi. The InMobi settlement attracted...more

10/17/2016 - Attorney Generals COPPA Data Collection Enforcement Actions FTC Hasbro Mattel Mobile Apps Viacom

What is Blockchain? Why Does It Matter? Observations As North Carolina’s Virtual Currency Legislation Goes Into Effect

J. K. Rowling’s world of Harry Potter included an array of amazing artifacts; our personal favorites were the books and pictures that changed themselves. Two decades later, a world of Kindles and iPads echoes the wonders of...more

10/6/2016 - Bitcoin Blockchain GAO Money Transmitter Popular Regulatory Agenda Silk Road Virtual Currency

Corridors - October 2016 - News for North Carolina Hospitals

Proposed 2017 Hospital OPPS Rule Would End Medicare Payments to Many Off-Campus Facilities at the Same Levels as Hospital-Based Outpatient Departments - Published on July 14, 2016, CMS’s proposed 2017 Hospital...more

10/5/2016 - Affordable Care Act Alternative Payment Models (APM) Deferred Compensation Hospitals Medicare Outpatient Prospective Payment System (OPPS) Ransomware Tax Exempt Entities

Avoiding Legal Pitfalls and Cultural Considerations When Conducting International Business in Asia

The Foreign Corrupt Practices Act - Detailed technical definitions and explanations of what constitutes corrupt practices are available. A simple explanation is that furnishing a foreign government official with...more

9/29/2016 - Arbitration Commercial General Liability Policies Compliance Cybersecurity Due Diligence FCPA Foreign Official

As Goes New York So Goes The Nation? Ten Highlights From New York’s Proposed Cybersecurity Rules For Banks, Insurance and...

In a presidential election year, Americans are often reminded that “As Ohio goes, so goes the nation.” When it comes to banks, insurers and financial institutions, it may be equally true to say “As goes New York, so goes the...more

9/26/2016 - Breach Notification Rule Covered Entities Cybersecurity FFIEC NYDFS Proposed Regulation

The Future of Tran-Atlantic Data Transfers

Ireland was recently stunned with the news that Apple owed it 13 billion euros it did not want. The underlying tax arrangement was relatively straightforward: Corporations that do businesses in different jurisdictions often...more

9/23/2016 - EU General Data Protection Regulation (GDPR) International Data Transfers US-EU Safe Harbor Framework

Ten Things You Need To Know About Ransomware

In 2013, hackers attacked a venerable Swansea, Massachusetts institution via ransomware. Ransomware is software that locks users out of computers or specific files until the victim pays a “fee” to release the lock. Such...more

9/15/2016 - Cyber Attacks Cyber Insurance Data Breach FBI Internet of Things Popular Ransomware

The Suspicious Husband, His Wife, and Cloud Computing: The Sixth Circuit Applies the Wiretap Statute To Monitoring Software

Hollywood has traditionally shown suspicious spouses relying on the same Victorian sleuthing techniques as Sherlock Holmes: a search for an errant strand of exotic hair, the stray lipstick mark or the lingering whiff of a...more

9/7/2016 - Cloud Computing Divorce Electronic Monitoring Software Developers Wiretapping

Federal Trade Commission Invites Comments on Gramm-Leach-Bliley Act (GLB) Safeguards Rule

‘Tis the season for listening. Joining a previous Presidential Commission invitation, the Federal Trade Commission (the FTC) is now seeking comments on the GLB Safeguards Rule. The GLB Safeguards Rule, which took effect in...more

9/2/2016 - Comment Period Financial Institutions FTC Gramm-Leach-Blilely Act NIST Security and Privacy Controls

Ten Common Problems That Plague Privacy Policies

In my software consulting years, it was remarkably routine for clients to concede that they had never read their own procedures and documents. While it lent itself to amusing anecdotes like the database administrator who...more

9/1/2016 - Employer Liability Issues Privacy Policy Risk Assessment Risk Management

Want to Weigh In On Cyber Issues? Here's How.

Do you feel that the federal government doesn’t listen? Or at least not to you? Well, here is the opportunity to have your voice heard, albeit just on cybersecurity....more

8/29/2016 - Cybersecurity NIST Public Comment

What the Shadow Brokers Affair Means For A Cyber Future

It could have been a Bond trailer, complete with the dramatic intro “In a world where there are no secrets….” But this is real. On Monday, a mysterious group calling itself the Shadow Brokers released files apparently swiped...more

8/23/2016 - Cyber Attacks Cybersecurity Edward Snowden NSA

Privacy Shield's Day After

Every generation eventually reaches a point (some might call it “early middle age”) where its formative years become the focus of widespread nostalgia. As indicated by the success of the recent Star Wars sequel and numerous...more

8/16/2016 - Article 29 Working Party (WP29) EU EU-US Privacy Shield FTC General Data Protection Regulation (GDPR) International Data Transfers OECD Ombudsman Schrems v Data Protection Commissioner U.S. Commerce Department US-EU Safe Harbor Framework

The FTC Has Not Yet Begun To Fine - InMobi’s Million Dollar Settlement and Online Analytics in an Age of COPPA

In June 2016, India-based online advertising behemoth InMobi Ltd. agreed to pay a $ 950,000 fine to resolve Federal Trade Commission (FTC) allegations that its data collection practices violated the Children’s Online Privacy...more

8/11/2016 - App Developers COPPA Data Collection Enforcement Actions FTC India Online Advertisements Section 5

The Drivers Privacy Protection Act - Why a 1989 Hollywood Murder Affects How Municipalities and Corporations Handle Your Data...

In 1989, an obsessed fan fatally shot actress Rebecca Schaeffer in the doorway of her West Hollywood home. He had obtained her address from the California Department of Motor Vehicles. The murder prompted Congress to pass the...more

8/5/2016 - DMV DPPA Liquidated Damages Privacy Laws

Pokémon Go Presents Real Privacy Concerns in the (Semi-)Virtual World

Pokémon Go is an augmented reality game developed by Niantic (a Google affiliate) and Nintendo. Players navigate real world locations capturing and training virtual “Pokémon” creatures with their iOS and Android smartphones. ...more

7/28/2016 - Google Location Data Mobile Apps Nintendo Privacy Concerns Video Games

OCR’s Recent $2.7 Million Settlement with Oregon Health & Science University Highlights the Importance of HIPAA Compliance...

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) and Oregon Health & Science University (OHSU) recently entered into a resolution agreement to settle potential violations of HIPAA’s Privacy and...more

7/26/2016 - Data Breach Electronic Medical Records Enforcement Actions HIPAA OCR PHI Settlement

Will GOP Endorsement of ‘Hack Back’ Make Cyberspace Safe Again?

Amidst the balloons and excitement (and smoke machines and procedural kerfuffles) at the GOP Convention in Cleveland, one provision in the party platform has caught the eye of cyber experts. For the first time, an American...more

7/21/2016 - Cyber Attacks Hackers NSA Political Debates Political Parties Self-Defense

Analogizing an Internet Accessible Computer to Broken Window Blind, Court Finds No Expectation of Privacy in Computers

A federal court in the Eastern District of Virginia has held that a user utilizing a computer connected to the Internet has no expectation of privacy because hackers have repeatedly demonstrated their ability to circumvent...more

7/13/2016 - Child Pornography Corporate Counsel Criminal Investigations FBI Internet Service Providers (ISPs) Malware Privacy Laws Search Warrant Young Lawyers

Ten Days In June: Post-Brexit Developments in the U.S.-E.U. Data Protection Regime

The excitement surrounding the unexpected Brexit results has drowned out less dramatic stories. With David Cameron’s resignation as Prime Minister and Jeremy Corbyn’s position as Leader of the Opposition increasingly...more

7/11/2016 - Amazon David Cameron EEA EU-US Privacy Shield General Data Protection Regulation (GDPR) International Data Transfers Member State UK Brexit US-EU Safe Harbor Framework

Shorts On Long Term Care July 2016 - News for the NC LTC Community

Just when you thought things couldn’t get much worse for skilled nursing facility providers in terms of civil money penalties and other survey sanctions, it did. All of a sudden, we’ve noticed in our practice a marked uptick...more

7/6/2016 - Civil Monetary Penalty CMS Dispute Resolution Long Term Care Facilities Rating System Skilled Nursing Facility

Just When You Thought it was Safe to Go Back in the Water: Brexit Creates Additional Uncertainty in Trans-Atlantic Privacy...

In October 2015, the European Court of Justice invalidated the US-EU Safe Harbor Program in the landmark Schrems v. Data Protection Commissioner decision. The Safe Harbor was a 15-year old program that had allowed American...more

6/27/2016 - Binding Corporate Rules Data Processors EU EU-US Privacy Shield International Data Transfers Schrems v Data Protection Commissioner Standard Contractual Clauses UK Brexit US-EU Safe Harbor Framework

North Carolina Supreme Court Strikes Down Cyberbullying Statute On Free Speech Grounds

In State v. Bishop (June 10, 2016), the Supreme Court of North Carolina reversed a unanimous panel of the Court of Appeals and struck down the state’s cyberbullying statute, N.C.G.S. § 14-458.1 as unconstitutional....more

6/20/2016 - Criminal Prosecution Cyberbullying Facebook First Amendment NC Supreme Court Public Schools Social Media Students

W-2 Phishing Scams: Don’t Take the Bait

In recent weeks, hundreds of businesses around the country have been hit by an email “phishing” scam that is both brilliant in its exploitation of workplace power dynamics and potentially devastating in its effects. This...more

6/8/2016 - Federal Breach Notification Standard IRS Personally Identifiable Information Phishing Scams Popular

Understanding when Business Associate Agreements are necessary can avoid costly and embarrassing enforcement actions

A recently publicized settlement with the Office of Civil Rights of the U.S. Department of Health and Human Services highlights that it is not only important to have a HIPAA-compliant form of business associate agreement...more

4/25/2016 - Business Associates Covered Entities HIPAA OCR PHI

27 Results
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.