Labor & Employment Consumer Protection Privacy

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Health Care Update - December 2014 #4

Let’s Get to Work: OIG Releases 2015 Work Plan, Focusing on Long-Term Care and Health Reform - The U.S. Department of Health and Human Services (HHS)--Office of Inspector General (OIG) released its 2015 Work Plan (Work...more

Let the Games Begin: First Sony Class Action Lawsuit Filed Over Data Breach

It’s happened. The first class action lawsuit has been filed against Sony for failing to prevent hackers from stealing its current and former employees’ social security numbers, medical records, and salary information....more

ITALY: More liberal approach on monitoring of employees

It is possible to collect location data relating to employees through smartphone Apps if used in order to optimize the usage of resources and improve their management, coordination and timing provided that this practice...more

Did You Know…Cybersecurity Made More Complicated by the NLRB

The National Labor Relations Board has recently inserted itself into the world of cybersecurity after the United States Postal Service suffered a security breach involving the personal data of several hundred thousand of its...more

Updating IT and BYOD Policies to Reflect CASL Software Notification Requirements

On January 15, 2015, the software provisions in Canada’s Anti-Spam Legislation (CASL) will come into force, creating significant prohibitions and requiring consent to, among other things, install software, change device...more

Privacy Alert: Privacy Lessons Learned From Uber

It’s not just health care companies, credit card companies, or big box retailers that need to be careful when it comes to privacy. Any company collecting user data from mobile apps—including geolocation data, user address...more

‘Going Postal’ Over Data Breach Response: Union Files Failure-to-Bargain Charge With NLRB Against USPS

As recent high-profile cyberattacks have demonstrated, employers have a duty to protect their employees’ electronically stored personal information from being accessed by hackers, and to promptly remedy any breach in security...more

Publix to Pay $6.8 Million for Alleged FCRA Violations

Publix Super Markets Inc. has agreed to pay $6.8 million to settle a class-action lawsuit over the supermarket chain’s background check procedures. Under the Fair Credit Reporting Act (FCRA), employers must provide prior...more

Data protection obligations on banks into force in Italy

The Italian Data Protection Authority issued regulations introducing new relevant data protection obligations for banks in the processing of customers’ personal data by their employees aimed at monitoring the transfer of...more

Assembly Bill 802 Makes Arbitration Less Confidential

On September 30, 2014, Governor Jerry Brown signed Assembly Bill 802 (AB 802) into law, amending Section 1281.96 of the Code of Civil Procedure, relating to consumer arbitration....more

Health Update - September 2014

Engaging Patients While Addressing Their Privacy Concerns: The Experience of Project HealthDesign - Patients are using the Internet, personal health records (PHRs) and mobile applications or “apps” to collect and...more

Recent Lawsuit Highlights the Importance of Fair Credit Reporting Act Compliance

As discussed in a previous blog post, the Fair Credit Reporting Act (“FCRA”) expressly requires employers to provide applicants with a stand-alone disclosure and authorization form prior to obtaining a background check. This...more

In with the New: 2014 Privacy, Advertising and Digital Media Predictions

Data privacy and security made the headlines practically daily in 2013. Our second annual Privacy and Data Protection 2013 Year in Review topped 65 pages! What privacy, advertising and digital media trends will make...more

Set Your “Target” on Data Security in 2014

Target Corp.’s data breach has been big news this holiday season, with as many as 40 million holiday shoppers across the nation exposed to potential credit and debit card fraud. According to the Identity Theft Resource...more

The HIPAA Gap Between Employers And Employees

“…HIPAA does not create a duty on the part of employers to protect employees from computer-virus related injuries” This quote, from the Farr v. St. Francis Hosp. & Health Centers case in the Southern District of Indiana,...more

Business Law Newsletter - September 2013

In This Issue: - Proactive Steps to Protect Trade Secrets - Finding a Safe Path to Following the FCC’s Newest Consumer Privacy Directives - A Tactical Approach to Defending Virginia Non-Competes - Excerpt...more

Privacy Monday - July 1st, 2013

Privacy Tidbits to start your week - The Risk-Benefit Analysis of BYOD: As we have written in the past, the proliferation of the “bring your own device” (BYOD) trend is a high-wire balancing act for IT and...more

Busy at Work: California Legislature Addressing Data Privacy Concerns with Data Privacy Law

The California legislature is busily at work, staying at the forefront with the development of data privacy laws. More than 15 bills related to data privacy concerns are currently making their way through the legislature, and...more

Advertising Law -- Apr 18, 2013

In This Issue: No Rest for the NAD, As it Decides Multiple Mattress Disputes; Fur Sure? Retailers Make Faux Faux Fur Claims; Got Settlement? Muscle Milk Suit Settles for $5.3 Million; TCPA Class Actions Prohibited in New...more

Is Equifax Selling Your Salary Information?

According to a recent NBC News report, Equifax, one of the three largest American credit reporting agencies, has assembled an enormous database containing employment and salary information for more than 190 million U.S....more

New Year, New FCRA Forms

Do you use a third party service to conduct background checks on job applicants or employees? If yes, then you should take note of new forms which employers are required to use for this purpose, effective January 1, 2013. ...more

K-Mart to Pay $3M to settle Background Screening Claim

K-Mart, the mega retailer known for its blue light specials, is paying out $3 million to settle a class action suit for alleged background screening violations. The suit was settled in mediation, and if approved, it will...more

Criminal Background Checks? The FTC Knows There’s an App for That

As we cautioned in a September post, the FTC is stepping up enforcement actions against mobile app developers for failure to comply with consumer protection principles. This month, the FTC took another major step in that...more

What Employers Need to Know About New York’s Beefed-Up Social Security Number Protection Law

New York Governor Andrew Cuomo recently signed an amendment to the state’s Social Security Number Protection Law. The amendment — which is designed to strengthen consumer privacy and protect against identify theft — became...more

FTC Expands FCRA Coverage to Mobile Industry – Employers Beware

The Federal Trade Commission ("FTC") recently extended the reach of the Fair Credit Reporting Act ("FCRA") to the mobile industry by means of a consent order, settling its complaint that alleged Respondents Filiquarian...more

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