Managing Employee Compliance in Highly Regulated Industries — Hiring to Firing Podcast
The Labor Law Insider: Recent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education
Podcast - The Latest on Antitrust and Non-Compete Agreements in Healthcare
Protecting Trade Secrets When Facing Lawsuits or Alternative Dispute Resolution Procedures
Episode 138 -- Employee Relations and Engagement in the COVID-19 Pandemic Era
Day 19 of One Month to More Effective Continuous Improvement-Use of Social Media for Continuous Improvement
Although the HHS Office for Civil Rights (OCR) described its recent $4.75 million agreement with a Bronx, New York, hospital as settling a “malicious insider cybersecurity investigation,” the agency considered a total of 11...more
Building risk resilience from the inside Why bother looking inward when external risks seem so pressing? The answer is straightforward: you're only as strong as your internal structure....more
French authorities have fined an air freight company for a string of employee data violations, and for its failure to fully cooperate with their investigation....more
In Insurance Corporation of British Columbia v. Ari, 2023 BCCA 331, the British Columbia Court of Appeal (BCCA) confirmed that an employer may be found vicariously liable when its employee violates of s. 1 of the province’s...more
Cyber Resilience Programs Falling Short on Preparing Workers for a Crisis- “At two-thirds of organizations, there is a fear that almost all employees, 95%, will not understand how to recover following a cyberattack.” ...more
Five former Memphis-based hospital employees and another man have pled guilty to unlawfully disclosing patient information in violation of HIPAA, U.S. Attorney for the Western District of Tennessee Kevin Ritz announced....more
Increasingly, employers find themselves facing a variety of crises in the workplace and are called upon to respond in real time. Crises in the workplace can take many forms, but commonly include the following...more
Report on Patient Privacy Volume 23, no 2 (February 2023) DCH Health Systems, based in Tuscaloosa, Ala., said it fired an employee in December after a routine privacy audit revealed evidence that the worker had accessed some...more
Since the introduction of the Data Protection Act (the “DPA”) in 2017, there has been a steady increase in the number of data protection breaches that have been reported to the Office of the Ombudsman . It is expected that...more
Here’s a novel approach: What if you have an “off the clock” case where the court disfavors certification? Can you simply tack them onto claims in another pending class action lawsuit?...more
Welcome back to the Class Action & MDL Roundup! Our spring edition covers notable class actions from the first quarter of 2021. In this edition, the courts are beginning to split on COVID-19 cases, privacy litigants can’t...more
In April 2021, the Second Circuit issued a decision recognizing an increased risk of future, unrealized identity theft or fraud as a basis for establishing Article III standing. Background - The case, McMorris v. Carlos...more
On January 14, the Fifth Circuit vacated the University of Texas M.D. Anderson Cancer Center’s (M.D. Anderson) $4.3 million fine for HIPAA violations arising from its loss of more than 35,000 individuals’ protected health...more
As the COVID era drags on, it is clear that work life “post-COVID” may be very different from life “pre-COVID.” This is especially true as it relates to IT security. More and more employees have shifted to a telecommuting...more
It is tax season once again, and with it comes an increased threat of phishing scams targeting human resources and payroll personnel. In 2016, the IRS alerted employers to a then-emerging email phishing scheme in which...more
In its November newsletter, the Office for Civil Rights (OCR) made a great point that we are seeing in the industry—the risks associated with previous employees. According to its newsletter, entitled “Insider Threats and...more
EXECUTIVE SUMMARY - 1. Cybersecurity threats. Cybersecurity preparedness is essential in 2018 as the risk of, and associated adverse impact of, breaches continue to rise. The past year redefined the upward bounds of the...more
According to the Surgeon General of the United States, the personal information of current, former and retired employees of the United States Public Health Service Commissioned Corps and their dependents has been compromised....more
Information security threats come from a variety of sources, including outside hackers and disloyal corporate insiders. One federal statute that may provide a powerful remedy when a company’s defenses are breached and data is...more
In a memo outlining a security incident as required by the Federal Information Security Modernization Act of 2014, the FDIC has admitted that the data of 44,000 FDIC customers was “inadvertently” taken by an employee as the...more
If you are a business owner in the Inland Empire, what would you identify as the greatest threat to the security of your data? Is it hackers looking for credit-card numbers? Could it be foreign governments stealing industrial...more
There are several reasons an employer might have employee health information, ranging from the results of a pre-employment physical to the contents of a request for FMLA leave to what’s written in a health provider’s note...more
Cybersecurity researchers at the Dell SecureWorks Counter Threat Unit (“Dell CTU”) uncovered a network of approximately 25 fake LinkedIn profiles that Dell CTU believes were used by an Iran-linked hacker group to establish at...more
There’s just no rest for employment lawyers this summer. We had another exciting week. The biggest news was the EEOC’s ruling that Title VII prohibits discrimination on the basis of sexual orientation. The agency found that...more
The FBI’s Internet Crime Complaint Center recently issued an alert “Criminals Continue to Defraud and Extort Funds from Victims Using Cryptowall Ransomware Schemes” that indicates that the Center continues to receive...more