Sharon Klein

Sharon Klein

Pepper Hamilton LLP

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Is Your Financial Institution the Next Target of a Cyber-Attack? [Video]

Not worried about cybersecurity at your financial institution? Then you are in the minority. Cyber-risk was identified as the number one worry of bank risk managers at a panel of bank chief risk officers at the American...more

6/25/2015 - Banking Sector Cyber Attacks Cybersecurity Financial Institutions Risk Assessment Risk Management Webinar

Is Your Financial Institution the Next Target of a Cyber-Attack?

In This Presentation: - Regulatory expectations for financial institutions - Risks for financial institutions - Planning to reduce risks - The Breach - Duties and responsibilities -...more

6/23/2015 - Banking Sector Cyber Attacks Cybersecurity Data Breach Enforcement FFIEC Financial Institutions Regulatory Agencies Regulatory Oversight Risk Assessment Security and Privacy Controls Strategic Planning

Lack of Typicality and Adequacy of Representation Prevents Class Certification in Health Care Data Breach

The opinion from the Philadelphia Court of Common Pleas reinforces lack of standing as a defense for companies facing data breach–related class actions. On March 25, the Philadelphia Court of Common Pleas provided...more

6/9/2015 - Class Action Data Breach Defense Strategies Electronic Medical Records Healthcare Personally Identifiable Information PHI Popular Standing Unfair or Deceptive Trade Practices

Ninth Circuit Again Clarifies that Arbitration Is Creature of Contract: Employee's Agreement to Abide by Company Manual Is...

The court’s opinion instructs that employee agreements to arbitrate may be obtained through written acknowledgments referencing company manuals. Arbitration remains a preferred forum for many employers, yet courts are...more

5/28/2015 - Arbitration Agreements Employee Rights Federal Arbitration Act Harassment Title VII

Beyond HIPAA: Connected Health Care and the Internet of Things

The U.S. Federal Trade Commission (FTC) Staff Report titled "Internet of Things: Privacy & Security in a Connected World," released in January 2015, continues to generate interest and questions about the regulation of health...more

4/15/2015 - FTC Healthcare HIPAA HITECH Internet of Things PHI Popular Security and Privacy Controls

OCIE Cybersecurity Risk Alert: Keep Your Data Close and Your Third-Party Providers Closer

On February 3, the Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) published a Risk Alert that summarizes the OCIE’s observations from its recent examinations of registered...more

2/10/2015 - Broker-Dealer Cybersecurity Data Protection Investment Adviser OCIE Popular Risk Alert SEC Third-Party Service Provider

Privacy and Data Security 2015: President Obama’s Mandate for a Strong Tight-Knit Legislative Framework

In his January 20 State of the Union address, President Obama said, “We are a strong, tight-knit family who has made it through some very, very hard times.” This statement was used as a theme for the economic initiatives set...more

1/23/2015 - Banking Sector Barack Obama Consumer Privacy Bill of Rights Cybersecurity Energy Sector FTC Information Sharing New Legislation Personal Data Notification and Protection Act Popular Student Digital Privacy Act

California Data Breaches Require Identity Protection Services

California has long set the standard for protection of its residents’ personal information. California’s constitution explicitly recognizes a right to individual privacy and California’s legislature has been on the forefront...more

1/8/2015 - Breach Notification Rule Credit Monitoring Data Breach Jerry Brown New Legislation Personally Identifiable Information

Recent Changes to California Medical Information Privacy Laws Create More Flexibility and Give Rise to Increased Enforcement

Under California Health & Safety Code (HSC) sections 1280.15(a) and (b), California licensed clinics, hospitals, home health agencies and hospices are required to prevent “unlawful or unauthorized access to, and use or...more

1/7/2015 - Health & Safety Standard Healthcare Facilities HIPAA Home Health Agencies Hospice Hospitals New Legislation Patient Confidentiality Breaches PHI Reporting Requirements

California Privacy Law Update: What to Prepare for in 2015 and Beyond

California Governor Edmund G. Brown has been busy over the last year and a half, signing several bills into law that strengthen California’s privacy laws in various areas. The bills range in scope from invasion of privacy and...more

1/5/2015 - Audio Recording COPPA Corporate Counsel Internet Privacy Invasion of Privacy Jerry Brown Minors Mobile Privacy New Legislation Photographs Popular Prior Express Consent Privacy Laws SOPIPA Students Video Recordings

Connecticut Supreme Court Allows Plaintiffs to Circumvent HIPAA’s No Private Right of Action Clause

In an opinion released on November 11, the Connecticut Supreme Court ruled on whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations preempt a common law claim for...more

11/26/2014 - Breach of Contract Class Action Data Breach Health Care Providers HIPAA Negligence Negligent Infliction of Emotional Distress Patient Confidentiality Breaches PHI Popular Private Right of Action

New Ninth Circuit Opinion Requires Companies Seeking to Enforce Arbitration to Pay 'Sirius' Attention to Contract Formation

On November 10, 2014, the U.S. Court of Appeals for the Ninth Circuit continued its recent trend of declining to enforce arbitration clauses after finding that the contracts containing those clauses were never actually formed...more

11/19/2014 - Appeals Automotive Industry Contract Formation Corporate Counsel Digital Media Mandatory Arbitration Clauses SiriusXM

Conquering Spamalot: Canada’s New Anti-Spam Legislation

Canada’s Anti-Spam Legislation (CASL), considered the most restrictive in the world, became effective on July 1, 2014. The law, which applies to American businesses, requires businesses to obtain consent before sending...more

10/24/2014 - Anti-Spam Legislation Canada CASL Spam

California Data Breaches Require Identity Protection Services (and More)

On September 30, 2014, Gov. Edmund G. Brown signed AB 1710 into law, amending existing law to impose even stricter regulation on businesses with access to personal information about California residents. California has long...more

10/9/2014 - Breach Notification Rule Data Breach Electronically Stored Information Personally Identifiable Information

Delaware Laws on Proper Destruction of Personal Identifying Information Take Effect in January

When companies that conduct business in Delaware make their 2015 New Year’s resolutions, they should be sure to add compliance with 6 Del. Code §§50C-101 - 50C -104 ( Section 50C) and 7 Del. Code § 736 (Section 736) to their...more

10/6/2014

Ninth Circuit Affirms District Court’s Refusal to Enforce Arbitration Clause in Barnes & Noble’s Browsewrap Agreement—Conspicuous...

E-commerce forges ahead as many consumers’ preferred way of buying things, and the law is evolving to meet the demands of advancing technology while also accounting for the public’s protection. In the most recent example, the...more

8/26/2014 - Appeals Arbitration Barnes and Noble Browsewrap Agreement E-Commerce Putative Class Actions Technology Terms of Use

Telemedicine and Mobile Health Innovations Amid Increasing Regulatory Oversight

The growing mobile health market is rapidly transforming health care delivery. More than 80 percent of physicians use mobile technology to provide patient care, and more than 25 percent of commercially insured patients use...more

7/10/2014 - Affordable Care Act Health Care Providers Health Insurance Healthcare Healthcare Professionals Mobile Apps Patents Popular Professional Liability Rural Health Care Providers Telemedicine

Developing a Meaningful Privacy Policy

In May 2014, California’s Attorney General Kamala Harris released recommendations for businesses addressing recent changes and best practices under California’s privacy laws. The guide is entitled “Making Your Privacy...more

6/11/2014 - CalOPPA Compliance Data Collection Do Not Track FTC Internet Privacy Laws Privacy Policy

Ignoring XP End Of Life May Make Your Company An Attractive Target

On April 8, Microsoft officially ended all support and ceased providing updates for their Windows XP operating system. This “end of life” (EOL) announcement is not uncommon with software platforms, where continued support of...more

5/14/2014 - Compliance Cybersecurity Data Breach Data Protection Microsoft Technology

2014 Verizon Report Offers Advice For Combatting Nine Common Threats To Cybersecurity

The 2014 Verizon Data Breach Investigations Report (DBIR) was released on April 22, providing the deep empirical analysis of cybersecurity incidents we’ve come to expect from this annual report. The primary messages of this...more

5/14/2014 - Cyber Attacks Cybersecurity Debit and Credit Card Transactions Internet Payments Mobile Payments Target Verizon Websites

SEC Issues Cybersecurity Initiative Risk Alert

On April 15, the U.S. Securities and Exchange Commission (SEC)’s Office of Compliance Inspections and Examinations (OCIE) issued a Risk Alert on its Cybersecurity Initiative. The Alert is intended to provide additional...more

4/29/2014 - Cybersecurity Data Protection OCIE SEC

New Jersey Federal Court Upholds The FTC’s Authority To Regulate Data Security

On April 7, a highly anticipated opinion was issued by New Jersey District Court Judge Esther Salas in a case that will likely have broad implications in the realms of privacy and data security. The case in question is FTC v....more

4/10/2014 - Data Protection FTC Jurisdiction Wyndham

When Is An iPad More Than An iPad? When It Is An FDA Regulated Medical Device

In the late 1980s, the Food and Drug Administration (FDA) began publicly suggesting that electronic medical records were within its jurisdiction. A lot has changed in 20+ years. The proliferation of mobile computing platforms...more

3/10/2014 - FDA Medical Devices mHealth Technology

California Replaces Its Limited Liability Company Act

On January 1, 2014, the California Revised Uniform Limited Liability Company Act (the New Act) replaced California’s Beverly-Killea Limited Liability Company Act (Beverly-Killea), which was adopted in 1994. The New Act is...more

3/3/2014 - Compliance Fiduciary Duty LLC Operating Agreements

Privacy And Data Security For Life Sciences And Health Care Companies

Pepper Hamilton Health Care-Life Sciences Webinar - The explosion of mobile technology and Web applications linking patients with doctors, pharmacies and medical devices is undergoing scrutiny by the FDA, FTC, HHS and...more

2/14/2014 - Compliance Cybersecurity Data Protection FDA FTC Healthcare HHS Life Sciences Mobile Devices Privacy Laws Technology

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