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Private Ruling Endorses Taxpayer-Friendly Reading of “Qualified Small Business” Under Section 1202

On September 5, 2014, the Internal Revenue Service (“IRS”) released Private Letter Ruling 201436001 (the “Ruling”), which found that a company providing products and services primarily within the pharmaceutical industry was a...more

Business Associate Agreements May Require Amendment

The Omnibus Final Rule (the "Omnibus Rule") under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), was issued in January, 2013 effective March 26, 2013, but with a general compliance deadline of...more

Court Was Wrong to Re-Write Covenants

In Prophet v Huggett [2014] ECWA Civ 1013, the Court of Appeal has overturned a recent decision of the High Court in which it had re-written a non-compete covenant to give it commercial effect. You may recall that we...more

How Website Operators Use CFAA To Combat Data-Scraping

“Web scraping” or “Web harvesting” — the practice of extracting large amounts of data from publicly available websites using automated “bots” or “spiders” — accounted for 18 percent of site visitors and 23 percent of all...more

When Acting to Prevent Data Breaches and Comply with Privacy Laws, Remember Overarching Employee Rights

The grocery business may be “fresh and easy,” but drafting a confidentiality and data protection policy that withstands the scrutiny of the current National Labor Relations Board (NLRB) is not. The NLRB, in its recent 2-1...more

Quirky Question #240, Breach Notification Laws

Question: Our company has employees and operations in multiple states, and I’m concerned about complying with data breach laws in the various locales. What’s the status of the law on data break...more

My “Momma Bear” Is Coming Out: Cyber Bullies Prove Social Media Training Needs An Anti-Harassment Element

More than 50% of teens have experienced cyber bullying. Parents have historically looked to their children’s schools and local government to address the issue, but what about the social media sites which contribute to the...more

Risks of BYOD

Q: BYOD (Bring your own device) is standard for our employees. What, if any, are the risks for BYOD when compared to company-provided devices?...more

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

Bring Your Own Device Doesn't Mean Bring in Security Breach

Bring-Your-Own-Device (“BYOD”) policies have been picking up steam because of increased productivity, improved communications, and the need for employees to work remotely. However, when implementing any BYOD policy there are...more

4 Cases Where Security Awareness Training Could Have Saved The Day

I’m very excited about our upcoming webinar, “Cybersecurity 2014: The Impact on Global Companies,” with Lisa Sotto. She is a well known data privacy rockstar and will provide an overview of cybersecurity in 2014, the current...more

Non-Compete Provisions in ERISA Plans – A Recent 5th Circuit Case

A recent case out of the Northern District of Texas and the Fifth Circuit Court of Appeals touches upon the intersection of non-compete agreements and ERISA plans....more

Three Security Awareness Training Findings That Will Surprise You

As providers of ethics and compliance training solutions, we never tire of discussing topics like anti-bribery training, sexual harassment training, code of ethics training… and so many more. Lately, we have seen a real...more

3 Reasons Why Tech Startups Struggle with Discrimination and Harassment Training (And 5 Effortless Ways to Protect Your Startup)

I get it – snooze-worthy, old-fashioned harassment and discrimination training isn’t in line with the vibe you’re trying to create at your hip tech startup. You want to be laid back, cut out all the corporate bull$&^*, build...more

Data Privacy Law in the UK, Part II: Data Security and Restrictions on Data Transfers for U.S. Employers

The European Court of Justice’s decision in the Google case that it was required to remove links to “outdated” or “irrelevant” information about an individual has brought EU data privacy laws to the forefront of public...more

Does Your Company Align Compliance Training To An Annual Ranking of Risks?

PwC came out with their annual State of Compliance survey, which is always well done, and has given me lots of fodder for upcoming blogs. I found the below illustration in the accompanying “chart pack” and found it...more

10 Tips for Creating a Successful BYOD Policy

The “bring your own device” (BYOD) trend has become the norm at many companies and viewed as a way to both save money and increase productivity. By allowing employees to use their personal smartphones, tablets and laptops to...more

You’ve Got a Problem, Bro – Tinder, Silicon Valley and Resolution 62

A co-founder and now former employee at Tinder has sued the dating app startup and its leaders for sexual harassment and discrimination. It’s a messy (and familiar) story of an office romance between senior execs gone...more

Massachusetts Federal Court Refuses to Transform Non-Disclosure Agreement into a Non-Competition Agreement

A recent decision from the Massachusetts federal district court serves as a good reminder to Massachusetts employers that courts are unlikely to view the breach of a non-disclosure/confidentiality agreement as justification...more

Florida’s New Data Breach Notification Requirements Take Effect July 1

On June 20, 2014, Florida Governor Rick Scott signed the Florida Information Protection Act of 2014 (FIPA) into law. FIPA imposes stringent new security and notice requirements on businesses and employers that maintain...more

Recruiting Practices of Big Tech Companies Result in Antitrust Violations

Since 2010, the U.S. Department of Justice's (DOJ) Antitrust Division has carried out a series of investigations into a number of high-tech companies accusing them of playing by their own rules and stifling competition with...more

Minnesota Federal District Court Explores Application of Corporate Practice of Medicine Doctrine to MRI Scans

On March 25, 2014, in State Farm Mutual Automobile Insurance Company v. Mobile Diagnostic Imaging, Inc., the U.S. District Court for the District of Minnesota held that a corporation not owned or controlled by physicians does...more

Leave My Employees Alone! You Promised You Wouldn’t Hire/Solicit Them

With the antitrust class action against Google, Apple, Intel and other Silicon Valley heavyweights nearly in the books ($300 million plus in settlements and millions more in defense fees later), it is time once again to ask...more

Don’t forget to close the back door: Vendor management and privacy

When you enter into a contract with a vendor that will access, use or disclose your customer or employee personal information, assume that you are responsible for any unauthorized access to, use, or disclosure of that...more

Good Things Come To Those Who Wait: $26 Million

Trade secret misappropriation cases often are won or lost quickly and early at the preliminary injunction stage of the case. However, today we report on the results of a slow moving, long-running trade secret case that...more

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