Commercial Law & Contracts, Insurance, Privacy

Rx for HIPAA Compliance

by Mintz Levin - Privacy & Security on 5/20/2013

Weighing in at half the length of Tolstoy’s legendary tome War and Peace, it is no surprise that the thought of the impending deadline for compliance with the 538-page HIPAA Omnibus Rule has left many small clinical...more

Cyber Risk Insurance May Cost More Than You Think

by Thomas Caswell, III | Zelle Hofmann Voelbel & Mason LLP on 5/9/2013

Since 2003, all but four states have enacted laws concerning data breaches and the protection of consumers’ personal information. This regulation of electronic data containing personal information and the protection of such...more

Insurance Coverage for Cyber Attacks

by Roberta Anderson | K&L Gates LLP on 5/8/2013

There’s no denying that the present-day Internet, while extraordinary, is increasingly scary. Cyber attacks of various types continue to escalate across the globe. As stated by one recent commentator: “Cybercrime is raging...more

Checklist for Timely Compliance with HIPAA Omnibus Rule

by Lori Oliphant | Winstead PC on 5/7/2013

The deadline for compliance with the new HIPAA Omnibus Rule is looming for group health plans. As explained in a prior blog, stiff penalties may be imposed on employers whose plans fail to comply. Accordingly, employers...more

HIPAA Task Force – May 2013

by Jennifer Spiegel Berman, Molly E. G. Ferraioli, Thora A. Johnson, Jessica Kuester, Peter Parvis | Venable LLP on 5/2/2013

In this issue: - What Your Business Needs To Do About Hipaa — Now - Action Items for Covered Entities and Business Associates (including Subcontractors) - Changes Impacting Business Associates (including...more

Legal Alert: Senate Finance Committee Hears Testimony on Proposal to Limit Access to Death Master File

by David Arrojo, Wilson Barmeyer, Marlys Bergstrom, Ellen Dunn, Phillip Stano, Steuart Thomsen, Mary Jane Wilson-Bilik | Sutherland Asbill & Brennan LLP on 4/22/2013

On April 16, 2013, the Senate Finance Committee held a hearing on “Tax Fraud and Tax ID Theft: Moving Forward With Solutions,” including testimony on proposals to restrict access to the Social Security Administration’s Death...more

Insurance Coverage for Class Action Lawsuits

by Judy Selby | BakerHostetler on 4/19/2013

Upon learning that his obituary had been published in the New York Times, Mark Twain famously quipped, “Reports of my death have been greatly exaggerated.” The same can be said about class action lawsuit filings after the...more

HIPAA’S FINAL RULE: Putting Things in Perspective – Comments from OCR

by Patricia Shea | K&L Gates LLP on 4/2/2013

On March 22, 2013, Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) Director Leon Rodriguez presented the keynote address to attendees of the American Health Lawyers’ Association HIPAA/HITECH Conference in...more

Cyber Risks: Creating A Comprehensive Cyber Insurance Program

by Katherine Dawson Varholak, Brooke Yates | Sherman & Howard L.L.C. on 3/21/2013

Insurance is one important line of defense companies can use to protect against the potentially devastating costs of responding to cyber breaches. The following list gives examples of insurance coverage to consider when...more

Protect Your Business With Cyber Liability Coverage

by Amanda Hairston | Farella Braun + Martel LLP on 3/11/2013

Many insurers are now offering “cyber liability” or “cyber risk” policies designed to protect policyholders against electronic injuries that policyholders may either suffer themselves or cause to others. Most of these...more

Highlights of the Omnibus HIPAA/HITECH Final Rule

by Robert Chu, William Conaboy, Gregory Fliszar, Katherine Layman, Judy Mayer | Cozen O'Connor on 3/7/2013

On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus...more

Mississippi Court Holds No Coverage for Voyeurism Claim Under E&O Policy

by Traub Lieberman Straus & Shrewsberry LLP on 1/24/2013

In its recent decision in Tudor Ins. Co. v. Manchester Educ. Found., Inc., 2013 U.S. Dist. LEXIS 8458 (S.D. Miss. Jan. 22, 2013), the United States District Court for the Southern District of Mississippi had occasion to...more

Top Ten Ways To Manage Cyber Risk

by Katherine Dawson Varholak, Brooke Yates | Sherman & Howard L.L.C. on 1/22/2013

This is the second installment of our series on Cyber Risk: Are you Protected? This article highlights the top ten ways to manage cyber risk, including strategies for preventing a cyber breach, creating a response plan in the...more

How to Ensure That Your Company’s Data Doesn’t Get Lost in the Clouds

by Fuerst Ittleman David & Joseph, PL on 1/14/2013

Within the past few years cloud computing has become popular with respect to everyday personal and business productivity. Between email, file sharing, word processing, web chatting and social media, the cloud concept has...more

Cyber Risks: Are You Protected?

by Katherine Dawson Varholak, Brooke Yates | Sherman & Howard L.L.C. on 12/21/2012

As our reliance on technology grows, companies face increasing risk of exposure to cyber breaches. The following outlines some of the risks your business faces and explains why you should implement strategies to manage your...more

Don't Let a Data Breach Diminish Your Retail Profits This Holiday Season

by Thomas (Tom) C. Bell, Vivek Chopra, Todd M. Hinnen, Selena J. Linde, Michael Sussmann | Perkins Coie on 11/30/2012

For the first time, online retail sales exceeded $1 billion on Black Friday and reached nearly $1.5 billion on Cyber Monday this year. Analysts expect this increase in e-commerce to continue, and Forrester Research estimates...more

Data and Privacy Breach Experts Warn That Insurers Should Expect Increasingly Frequent, Severe Data Breach Claims

by Scott Bloom | Sedgwick LLP on 11/21/2012

Insurers can expect increasingly frequent and severe data breach claims, a panel of data and privacy breach experts told the Professional Liability Underwriting Society’s International Conference in Chicago, November 7-9,...more

The Role of Commercial General Liability and Cyber Risk Insurance Policies in Mitigating Against the Risk of Data Privacy Breaches

by Carlton Fields on 9/24/2012

Originally published in Privacy & Security Law Report, 11 PVLR 1430, 09/24/2012. Companies, organizations, and individuals throughout the world reap significant benefits of having access to the internet. Since the 1990s,...more