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New Data Disposal Law in Delaware Requires Action by Impacted Businesses

While the federal government continues its inaction on data security bills pending in Congress, some U.S. states have been busy at work on this issue over the summer. A new Delaware law H.B. 295, signed into law on July 1,...more

Class Action Plaintiffs Look to Fair Credit Reporting Act for Private Relief from Data Breaches Involving Health Information

A recent class action brought against the University of Miami (“University”) previews what could become an emerging trend among plaintiffs’ class action attorneys to seek damages for the unauthorized disclosure of personal...more

National Cybersecurity Framework Released - Has Your Organization Considered the Implications?

On February 12, 2014, the National Institute of Standards and Technology ("NIST") released the final version of its Framework for Improving Critical Infrastructure Cybersecurity (the "Cybersecurity Framework" or "Framework")...more

Improve Compliance Of Retirement And Group Health Plans In 2014

Retirement plan fiduciaries should consider the following best practices to improve their plan’s governance in 2014: (i) if fiduciary duties have been delegated, make certain that the delegations are in writing and are being...more

NIST Cybersecurity Framework: Is It Going Off The Rails?

In Executive Order 13636, President Obama directed the Secretary of Commerce and the National Institute of Standards and Technology (NIST) “to lead the development of a framework to reduce cyber risks to critical...more

NIST Issues Preliminary Cybersecurity Framework For Critical Infrastructure Organizations

In accordance with the President's Executive Order on Cybersecurity issued on October 22, 2013, the National Institute of Standards and Technology ("NIST") released the draft of its Cybersecurity Framework, intended to help...more

New California Law Protects Online Account Information

As of January 1, security breach notifications must be provided to consumers when certain account information is compromised. On September 27, California Governor Jerry Brown signed into law Senate Bill No. 46 (S.B....more

Emerging Growth and Venture Capital News - Fall 2013

NEW SEC GENERAL SOLICITATION AND “BAD ACTOR” RULES RE PRIVATE STOCK SALES NOW IN EFFECT - New Securities and Exchange Commission rules concerning private stock sales are now in effect. Under these rules, for...more

Electronic Health Records Donations: Proposed CMS And OIG Rules Revise Stark Exception And Anti-Kickback Safe Harbor

On April 10, 2013, the Centers for Medicare & Medicaid Services (‘‘CMS'') and the Office of the Inspector General of the Department of Health and Human Services (‘‘OIG'') published twin proposed rules that amend and extend...more

Vermont and North Dakota Amend Breach-Notice Laws

On May 13, 2013, Vermont Governor Peter Shumlin signed H.513 into law. The new law includes an amendment to Vermont’s Security Breach Notice Act, 9 V.S.A. § 2435. Previously, under § 2435, Vermont-regulated financial...more

Kazakhstan Adopts Personal Data Protection Law

New law broadens the requirements for protecting personal data and imposes new penalties for the improper collection and processing of personal data. ...more

Cybersecurity: President Obama’s Executive Order Is Only the Beginning

This On the Subject outlines why hospitals and financial services and communications companies should pay attention to the recent executive order entitled “Improving Critical Infrastructure Cybersecurity.”...more

Under the Dome: Inside the Maine State House Marsch 1, 2013

Under the Dome: Inside the Maine State House is a weekly update that provides a high-level overview of recent activity at the Maine State House. If you would like more specific information regarding an item in this newsletter...more

The Convergence of Health Care and Banking

On January 25, 2013, the Office of Civil Rights (OCR) within the Department of Health and Human Services published guidance on whether banks and other financial institutions must comply with the Health Insurance Portability...more

A Comprehensive Approach to Data Security

Patrick Kellermann from LeClairRyan returns with a timely post on data security. When people hear “data security” they think technical jargon: firewalls, passwords, encryption, yada, yada, yada. They leave it up to...more

California Establishes Centralized Privacy Unit for Enforcement and Education

California Attorney General Kamala D. Harris recently announced the creation of a new task force designed to enforce consumer privacy laws and to prosecute those companies - located both within and outside the state - that...more

California Attorney General Creates Privacy Enforcement and Protection Unit; Increased Enforcement Likely

On July 19th, California Attorney General Kamala D. Harris announced the formation of a new Privacy Enforcement and Protection Unit within the state’s Department of Justice. The move is widely seen as a means of stepping up...more

Proposed HIPAA Rule Raises Possibility of Financial Institutions Turning Over Employee Names to Health Care Patients

A recent proposed expansion of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule would have a substantial impact on financial institutions that serve as business associates, potentially...more

2010 Compliance Review -- What Did I Miss?

The Red Flags Rule The rules have been modified that "creditor" no longer includes any business that extends credit or permits payment plans for fees incident to its services. Because healthcare providers are no longer...more

Selected Important Privacy Laws for Businesses

Federal Laws Cable Communications Policy Act 47 U.S.C. § 551 Requires that cable television operators provide their subscribers with a written statement describing the nature of personally identifiable information it...more

Advertising Law - April 14, 2010

In This Issue: *Manatt Partners Among California’s Top IP Lawyers *Walgreens Settles with FTC Over Cold and Flu Supplement *Health Care Reform Includes Changes to Menu Labeling *Federal Reserve Issues New Rules on Gift...more

Privacy and Security Alert: Tick-Tock: It’s February 1 - The Countdown to Compliance with the Massachusetts Data Security...

As we’ve been discussing since January 2008, entities that own, license, access or process the personal information of Massachusetts residents are coming down to the wire for implementing the data security standards in 201...more

"Red Flag" Identity Theft Rules Apply to Unsuspecting Businesses; FTC Extends Compliance Deadline Again

The Federal Trade Commission announced on April 30, 2009, that the agency would once again delay enforcement of the "Red Flags Rule," this time from May 1 to August 1, 2009. Please see full alert for more information....more

Health Law Washington Beat: International Edition Issue 1

In This Issue: *Margaret “Peggy” Hamburg Nominated to Head U.S. Food and Drug Administration *U.S. President Obama Selects Sebelius, DeParle to Lead Health Care Reform *U.S. President Obama Signs the American Recovery...more

Health Law Washington Beat: Recent Health Industry News

In This Issue: *President Obama Signs the American Recovery and Reinvestment Act of 2009—Act Includes Billions of Dollars in Funding for the Promotion of Health Information Technology *Act Expands HIPAA Privacy and...more

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