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Negotiating Cloud Contracts

The cloud computing market is evolving rapidly. New as a service (aaS) platforms are appearing and the dichotomy between public and private cloud domains has been fractured into many different shades of hybrid cloud...more

Congress Confirms NIST’s Role in Cybersecurity – and the Continuation of the Cybersecurity Framework

The Cybersecurity Enhancement Act of 2014 (CEA) was passed by the House and the Senate on December 11th, and signed by the President on the 18th. The bill formalizes the role of the National Institute for Standards and...more

Congress Funds Cybersecurity: Spending Bill Allocates over $1 Billion to Cybersecurity

The final spending bill of the 113th Congress, which keeps the government doors open until September 30th of 2015, was passed by the House on December 11th, the Senate on the 13th, and signed by the President on December...more

Article 29 Working Party Adopts Procedure on Approval of Model Clauses

On 26 November 2014, the Article 29 Working Party adopted a working document on establishing a cooperation procedure for issuing common opinions on whether contractual clauses are compliant with the European Commission’s...more

Congress Passes the National Cybersecurity Protection Act: Codifies National Cybersecurity Center & Creates Federal Agency Data...

The National Cybersecurity Protection Act of 2014 (NCPA) was passed by the House on December 8th, by the Senate on December 10th, and signed by the President on December 18th. Senate Committee on Homeland Security and...more

News from the Health Law Gurus™

Patient Medical Records Stolen from New Jersey Storage Facility – Tribeca Medical Center is notifying patients that their protected health information may be compromised. According to a privacy notice posted on Tribeca...more

Employer Liability for Employees’ Privacy Violations: What your organization should learn from Walgreens’ expensive lesson (hint:...

You may already have read the scintillating facts surrounding a jury award of $1.44 million (recently challenged unsuccessfully on appeal) against Walgreen Co. (Walgreens) following its pharmacist’s alleged inappropriate...more

Health Care E-Note - December 2014

In This Issue: - Cybersecurity Breaches Have Costly Impact on Health Care Industry - Many Patients Being Asked to Pre-Pay for Procedures - Health Care Providers Given Active Shooter Emergency Guidance -...more

Before Driverless Cars, Questions

Although it is unclear when autonomous vehicles will be hitting the roads, what is clear is that this technology is coming. Automakers to suppliers to lawmakers to insurers will want to carefully consider the following issues...more

Cybersecurity Legislation Focuses on Federal Government Initiatives – Leaves Private Sector Reforms for 2015

One of the few things the parties in Congress can agree upon these days is cybersecurity – at least when it comes to directing the federal government’s cyber activities. In its final days, the 113th Congress reached agreement...more

Congress Passes The Federal Information Security Modernization Act of 2014: Bringing Federal Agency Information Security into the...

The Federal Information Security Modernization Act of 2014 (FISMA) was passed by the Senate on December 8th, by the House on December 10th, and by the President on December 18th. It is a comprehensive bill intended to bring...more

SONY Pictures Breach Stresses Need to Revisit Document and Email Retention Policies

The SONY Pictures cybersecurity breach playing out in public over the last few weeks is just the latest in a series of high profile cybersecurity breaches. This one is a little different than some of the other commercial...more

The Interview: Cyber Attacks and The First Amendment

The fallout from a massive cyber attack on Sony in November escalated tremendously this week. After exposing embarrassing emails and confidential company information, stealing the screenplay for an upcoming James Bond movie,...more

Congress Passes Cybersecurity Workforce Legislation

The Border Patrol Agent Pay Reform Act of 2014 was passed by the Senate on September 18th, by the House on December 10th, and signed by the President on December 18th. It contains provisions from the Cybersecurity Workforce...more

2015 National Defense Authorization Act Requires New Cyber Breach Reporting - "Operationally Critical Contractors" Are Required to...

Congress passed the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 (NDAA or Act) on Dec. 12, 2014. The NDAA for 2015 creates a new cyber breach reporting requirement affecting...more

On The Eighth Day of Privacy, Health Care Systems (Over)Shared Data

When is “sharing” too much of a good thing? And will it get worse for health care systems in 2015? Data sharing has become a point of sharp focus in the efforts to improve the quality and efficiency of health...more

Internet of Things regulators shall learn from Google News case?

Internet of Things regulators might have learnt an interesting lesson from Google’s decision to shut down Google News in Spain as a consequence of the coming into force of new publishing law. ...more

New York DFS Targets Third-Party Relationships in Letters to Banks

Why it matters - Continuing the regulatory focus on third-party relationships, New York’s Department of Financial Services (DFS) has sent multiple letters to banks across the country to address the issue of data...more

Lessons For Corporate Directors From The Wyndham Data Breach Derivative Action

On October 20, 2014, Wyndham Worldwide Corporation won dismissal of a shareholder derivative suit seeking damages arising out of three data breaches that occurred between 2008 and 2010. Dennis Palkon, et al. v. Stephen P....more

NY DFS Advises Banks On New Cybersecurity Examination Process

On December 10, NY DFS Superintendent Benjamin Lawsky issued a bulletin to all New York state-chartered or licensed banking institutions regarding an updated IT examination process. Effective immediately, cybersecurity...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

Latest HIPAA Settlement: Compliance is an Ongoing Process

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR) issued its first settlement under new OCR Director Jocelyn Samuels earlier this month. This latest settlement serves as a reminder that a...more

On the Sixth Day of Privacy, the hackers gave to Sony……

many more than six different hacks……and headaches…… - With the holiday season in full swing, many of us are struggling with that age-old question: “what do you get for the person who has everything?” Well, if that...more

Failure to take basic security measures may result in HIPAA penalties – 6 tips to keep up with updates and patches

Covered Entities and their Business Associates must comply with HIPAA’s Security Rule, or they may face substantial penalties. The Office of Civil Rights (OCR) recently shared a resolution agreement that emphasizes the...more

Cybersecurity Monday: Who Is Shopping for Your Data?

At this time of year, everyone is shopping for a good bargain. And with “Cyber Monday,” the internet has become the place to go for the best deals. The shift to online and cloud-based information systems and data storage has...more

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