Sharon Klein

Sharon Klein

Pepper Hamilton LLP

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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

The FDA Gets Social: Interpreting Its Draft Social Media Guidance

The U.S. Food and Drug Administration (FDA) recently released draft guidance that paves the way for regulated companies to harness the power of social media. This draft guidance addresses how FDA-regulated manufacturers,...more

1/28/2014 - FDA Manufacturers Marketing Prescription Drugs Social Media

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately PPT Presentation

A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more

12/19/2013 - ADA ADEA Bring Your Own Device Cybersecurity Data Breach Data Protection Discovery Discrimination Document Productions Employer Liability Issues GINA Mobile Device Management Mobile Devices NLRA Over-Time Protected Concerted Activity Stored Communications Act Title VII

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately  [Video]

A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more

12/19/2013 - ADA Bring Your Own Device Cybersecurity Data Breach Discovery Discrimination Document Productions Employer Liability Issues GINA Mobile Device Management Mobile Devices NLRA Over-Time Protected Concerted Activity Stored Communications Act Title VII

Medical Identity Theft: New Recommendations By The California Attorney General To Health Care Organizations For Keeping Medical...

Unlike financial identity theft, which targets a victim’s financial health, medical identity theft threatens a victim’s very existence. The unauthorized access of a victim’s medical record not only grants the thief access to...more

11/21/2013 - Affordable Care Act Fraud Identity Theft Personally Identifiable Information PHI

The Reports Of The Death Of Privacy Were Exaggerated: California Breathes New Life Into The Privacy Rights Of Its Residents

In a series of new bills amending existing California privacy laws, the State of California increases the protections presently provided to its residents by broadening the requirements for reporting breach of personal data;...more

11/20/2013 - Breach Notification Rule CalOPPA Data Breach Internet Invasion of Privacy Privacy Laws Right to Privacy

Ethical Issues That Arise From Social Media Use In Courtrooms

With the rampant expansion of social media and online technologies over the past decade, it is no surprise that Facebook, MySpace, Twitter, Instagram, YouTube and blogs have made their way into the courtroom, pervaded the...more

10/14/2013 - Ethics Jury Selection Legal Ethics Social Media

Partly Cloudy With A Chance Of Data Breach

A report recently published by NIST sets forth steps federal agencies and the private sector providers who cater to them need to take to ensure the security of data stored and processed in the cloud....more

8/23/2013 - Cloud Computing Cybersecurity Data Breach Data Protection NIST

Liability Lessons From Lazette Case For Employers With BYOD Policies

On June 5, a U.S. District Court for the Northern District of Ohio, in Lazette v. Kulmatycki, held that a supervisor, using a company-owned BlackBerry mobile device to access a former employee’s personal e-mail, was not...more

8/12/2013 - Bring Your Own Device Email Employer Liability Issues Mobile Devices Stored Communications Act

California Attorney General’s Report Reveals Millions Affected By Data Breaches In 2012

A report recently issued by the California Attorney General reveals that millions of Californians were the victims of a data breach in 2012, mostly due to intentional intrusions by outsiders or by unauthorized insiders....more

8/1/2013 - Attorney Generals Cybersecurity Data Breach Data Protection Encryption Notice Requirements Personally Identifiable Information

Unhack My Heart: FDA Issues Guidance To Mitigate Cybersecurity Threats In Medical Devices

A new guidance document from the FDA lists considerations and suggested steps to reduce the likelihood of cybersecurity breaches in medical devices....more

6/24/2013 - Cybersecurity Documentation FDA Medical Devices Security and Privacy Controls Software

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