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Health Update - May 2015

Building a Culture of Health: The Value Proposition of Retail Clinics - Editor’s Note: Since first emerging on the healthcare landscape more than 15 years ago, retail clinics have seen significant growth. There are now...more

Comingling of employee and patient data compromises employer’s HIPAA defense to employee’s claim of discharge for union activity

An administrative law judge (ALJ) of the National Labor Relations Board has concluded that a health care employer’s use of its medical records software to store employee contact information allowed an employee to access that...more

To Err Is Human; to Indemnify, Divine?: Human Foibles in the Cloud

BakerHostetler’s inaugural Data Security Incident Response Report (the “Report”) concluded that employee negligence and theft were two of the top five causes of data security incidents for the more than 200 incidents that we...more

Quirky Question #260, Data breach incident response plans

Question: For data breach preparation, what guidance have federal and state regulators issued regarding incident response plans? Originally published on IRMI.com....more

New Release for Spring 2015: The Annual Verizon Data Breach Investigations Report

It’s that time of year again. Spring is in the air, flowers are in bloom, and Verizon’s annual Data Breach Investigations Report (DBIR) has been released. As in years past, this year’s numbers shed some light into, not only...more

Privacy and Other Issues Presented by Body Cameras

Body cameras are becoming part of the uniform for certain professionals including police officers and service personnel. These cameras are more than an extension of dashboard cameras for law enforcement; they are more...more

Tinker, Tailor, Who’s the Spy? How to Safeguard Your Company From the Insider Hack

The headlines are full of data breach attacks — millions of credit card numbers stolen, healthcare information hacked — all of it feeding the thriving cyber-crime economy. More often than not, the bad actors lurk outside the...more

BC Privacy Commissioner Releases Report on Use of Employee Monitoring Software

In January 2015, the mayor of Saanich publicly complained that the District of Saanich had installed “spyware” on his office computer. The BC Information and Privacy Commissioner initiated an investigation pursuant to the...more

Send in the Drones: Transforming the Workplace through the Use of Drone Surveillance

Every day new stories about the uses (and misuses) of drones surface in the media. They have been used to: photograph the 2015 Winter X Games, assist in firefighting operations, monitor agricultural drought, monitor...more

Cybersecurity Workforce Measures Present Business Opportunities

As part of the federal government’s efforts to address cybersecurity needs in our age of state-sponsored hacking and other high-profile data breaches, the Department of Homeland Security (DHS) will soon undertake a...more

Goal? Identify Rogue Employees Before They Misbehave. Means? Computer Algorithm. Impact? TBD...

In an attempt to weed out bad actors before they act, JPMorgan Chase & Co. is implementing a computer surveillance program to identify potential problem employees. Here's a legal perspective on the initiative from Keith...more

NLRB to define an employer’s duty to a labor union following a data breach

In October 2014, the United States Postal Service (USPS) disclosed a cybersecurity data breach affecting approximately 800,000 current and former employees. The USPS later determined that, for some, the breach may have...more

Cybersecurity in the Construction Industry - What Construction Executives Should Be Doing Now to Prepare for the Inevitable

Cybersecurity is everywhere in the news today because hackers have been very successful in exploiting human weaknesses across a broad array of industries. Our construction industry appears to be tempted to brush off these...more

Middle District of Pennsylvania Dismisses Data Breach Class Actions for Lack of Standing

Yet another federal judge has concluded that an individual whose personal information was allegedly accessed during a data breach lacks standing to sue unless and until there has been a misuse of that personal information or...more

Alert: FCC Continues Aggressive Action on Data Breaches

As noted in previous alerts, the FCC has dramatically increased its enforcement of data security practices and breaches resulting from what the FCC considers to be inadequate security measures. ...more

Former Uber Driver Files Class Action for Data Security Breach

Uber Technologies Inc., the internet-based taxi service, was recently hit with a putative class action lawsuit over a data breach involving the personal information of about 50,000 current and former drivers. Uber develops,...more

Securities and Exchange Commission: Critical Issues Facing Public Companies

Latham & Watkins partners William Baker, Alexander Cohen, Joel Trotter and Lawrence West hosted a webcast “Securities and Exchange Commission: Critical Issues Facing Public Companies.” Topics discussed included the increasing...more

BYOD: Five Things To Consider When Creating Your Policy

“BYOD” or “bring your own device” (also known as the “consumerization of IT”) is a fact of life in today’s workplace. BYOD refers to the practice of using personally owned devices—like smartphones, tablets, and laptops—for...more

Federal Financial Regulators Offer Advice To Address Malware, Compromised Credentials

In its recent press release, the Federal Financial Institutions Examination Council (FFIEC) issued two statements reiterating financial institutions' obligations to have measures in place to prevent and mitigate cybersecurity...more

Looking Over Your Employees' Shoulders

As shifting privacy lines allow employers to reach further and further into employee conduct, it’s increasingly important that you know the legal limits. Many employees will question the legality of increased employer...more

Seven Training Imperatives to Address Your Biggest Cyber Security Risk: Employee Behavior

One of your best defenses against a cyber attack? Your employees. Make sure they are trained on their role in protecting your organization. There are pros and cons to the digital world that we all live in. Pros include...more

US District Court in Pennsylvania Dismisses Data Breach Class Action on Article III Standing

In Storm & Holt v. Paytime, Inc., 1:14-cv-01138-JEJ (MD Penn. Mar. 13, 2015), the United States District Court for the Middle District of Pennsylvania addressed the Article III standing issue of when a cause of action may...more

Responding to Insider Data Theft

Our 2015 monthly Privacy Issues Wednesday webinar series continued this month with Jonathan Cain and Paul Pelletier’s Responding to Insider Data Theft & Disclosure presentation. Jonathan and Paul discussed how distinguishing...more

Takeaways for Employers on the Hillary E-mail Debacle

5 Reasons Employers Should Prohibit Employees From Using Personal Email Accounts - Recently, a political firestorm has erupted as news stories revealed that Former Secretary of State (and likely Presidential Candidate)...more

Effective cybersecurity: 8 questions for you and your team

Cybersecurity has become a top-tier risk for US and multinational organizations. It is only a matter of time before a determined hacker will penetrate your organization’s system and successfully exfiltrate some data. (Indeed,...more

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