Understanding the Different Mandates Between Legal and Compliance February 3 2015
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I was speaking this week at IAHIMA’s Annual Conference on the issues relating to HIPAA audits and recent updates from OCR and ONC. As part of my program we typically solicit questions prior to the presentation, most of which...more
As a growing number of states pass legislation which will protect individuals’ social media accounts from employer scrutiny, they have encountered a surprising adversary – FINRA and other securities regulators....more
Like many people with a standard Midwest religious upbringing I struggle to do the right thing and, sometimes, to know just what that is under the circumstances. But, as St. Paul discussed in Romans 7 “being good is not...more
Aggrieved employers have often turned to the Computer Fraud and Abuse Act (the "CFAA") in suing former employees that allegedly absconded with information from company computers. Such suits face bleak prospects in the Ninth...more
Originally published in Law360, New York on August 02, 2012.
Illinois on Wednesday became the second state to enact a law banning employers from requesting passwords for Facebook and other social media accounts from...more
A summary of recent developments in the law you may find interesting or relevant -- or both....more
The federal courts are currently split on the question of whether an employee can be held civilly liable under the Computer Fraud and Abuse Act (CFAA) for misappropriating confidential company information that the employee is...more
May a California employer refuse to hire a candidate who tests positive for marijuana use, if the candidate is qualified to use marijuana for medical purposes under California law? Does it matter that such marijuana use is...more
The monitoring of employees’ electronic communications can be undertaken for various reasons, and is now standard practice among most, if not all, employers. However, when undertaking such monitoring, employers must ensure...more
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