Information Sharing

News & Analysis as of

What is LinkedIn? Not a stupid question

I’ve heard this question from two different highly successful partners at big law firms in the last month. What is LinkedIn? Isn’t it obvious? It’s a collection of professionals networked using a common website where they...more

Will Congressional Pressure on the CFTC to Share Information With FERC Bear Fruit?

The Federal Energy Regulatory Commission (“FERC”) has identified ferreting out energy market manipulation as a priority in its enforcement efforts. On January 2, 2014, FERC and the U.S. Commodity Futures Trading Commission...more

Board Reform: Real Leadership Requires Robust Information Sharing

Corporate boards have to be more involved and informed. I know this sounds like a profound grasp of the obvious but corporate governance needs to move forward. This is not rocket science – we have all faced difficult issues...more

HHS Issues Guidance on Sharing Mental Health Information

The U.S. Department of Health and Human Services (HHS) recently issued guidance on when it may be permissible under the Health Insurance Portability and Accountability Act (HIPAA) for health care providers to share...more

NLRB 2013 Year in Review and 2014 Initiatives

Key labor law developments of 2013 are reviewed here for employers to consider as they look ahead to National Labor Relations Board (NLRB) developments in 2014. Employers should prepare to respond to the NLRB's continued...more

Weekly Law Resume - January 2014: Defamation – Torts – Privacy Rights – California’s “Shine the Light” Law

David Boorstein v. CBS Interactive, Inc. - Court Of Appeal, Second Appellate District (December 19, 2013) - In 2003, California passed the “Shine the Light” law (“STL”), in Civil Code Section 1789.83. This allows...more

CFTC and FERC Issue Long-Awaited Memoranda of Understanding on Jurisdiction and Information Sharing

On January 2, 2014, the Commodity Futures Trading Commission (“CFTC”) and the Federal Energy Regulatory Commission (“FERC,” collectively, the “agencies”) signed “Memoranda of Understanding” regarding certain matters of...more

Energy Regulators FERC, CFTC Finally Reach Proactive Understanding on Jurisdiction and Information Sharing

Primary regulators of energy transactions, the Federal Energy Regulatory and Commodity Futures Trading Commissions (FERC, CFTC or jointly Participating Agencies) began the new year by entering on January 2 two overdue...more

FERC And CFTC Reach Agreement On Information Sharing And Jurisdiction

After a fair amount of back-channel arm-twisting, the two agencies with principal (and sometimes overlapping) jurisdiction over energy commodities have reached agreement on two memoranda of understanding (“MOUs”) required by...more

FERC & CFTC Sign MOUs On Jurisdiction And Information Sharing (Finally)

On January 2, approximately three years after the applicable deadline under the Dodd-Frank Act, the Federal Energy Regulatory Commission and Commodity Futures Trading Commission entered into two Memoranda of Understanding...more

Increased Agency Information Sharing Raises Misclassification Risks

On November 18, 2013, New York State joined forces with the U.S. Department of Labor in an information-sharing program that will enhance inter-agency enforcement of worker misclassification. The New York State Attorney...more

Antitrust Risks of Association-Sponsored Market Research: Avoiding Compliance Pitfalls of Information Exchanges and Surveys

In this presentation: - Introduction - Overview of Association Market Research Programs - Antitrust Laws Applied to Information Exchanges and Benchmarking - Best Practices and Practical...more

Comptroller Identifies BSA/AML Risks, Calls For Increased Information Sharing

On November 17, the Comptroller of the Currency, Thomas Curry, delivered remarks at the American Bar Association/American Bankers Association BSA/AML conference in which he identified common BSA/AML compliance risks and...more

FinCEN Encourages Information Sharing Between Financial Institutions

On October 31, FinCEN issued a fact sheet to highlight Section 314(b) of the USA PATRIOT Act, which provides financial institutions with the ability to share information with one another under a safe harbor that offers...more

New DoD Rule Promotes Voluntary Sharing of Cyber-Security Threat Information Between DoD and Defense Contractors

On October 22, 2013, the Department of Defense (DoD) published its Final Rule establishing a program for promoting voluntary sharing of cyber threat information between the DoD and government contractors. The DoD intends this...more

FBAR Non-filers Beware of Global Information Exchange Agreements

At the most recent meeting of the Finance Ministers and Central Bank Governors on July 19 & 20, 2013 they said “We are committed to automatic exchange of information as the new, global standard and we fully support the OECD...more

Banks Encouraged to Share Information Related to Elder Abuse

One of the most common forms of elder abuse is financial exploitation. Older adults often have valuable assets and vulnerabilities, such as mental or physical disabilities, that make them prime targets by both strangers and...more

Export Control Compliance Sharing Sensitive Technologies Between International Affiliates General Concepts and Transfer Patterns

In the normal course of operations between U.S. and foreign affiliates, inter-company communications and data conveyances are frequent and occur both intentionally and inadvertently. The U.S.-foreign affiliation can be in the...more

FTC Advisory Opinion Supports Money Transmitters’ Proposed Information Exchange

On September 4, the FTC’s Bureau of Competition issued an advisory opinion responding to a national money transmitters’ trade association inquiry about its planned information exchange regarding terminated U.S. money...more

Department Of Justice And NLRB Agree To Begin Referring Employee Claims To One Another

In July 2013, the U.S. Department of Justice announced that the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) signed a Memorandum of Understanding (MOU) with the National Labor Relations...more

SEC And European Securities Regulators Enter Into Cooperation Agreements To Share Information Regarding Fund Managers

On July 18, 2013, the Securities and Exchange Commission (SEC) entered into a memorandum of understanding (MOU) with various member states of the European Union (EU) and European Economic Area (EEA) formalizing an agreement...more

Texas Public Information Act: Shielding Your Company from the Open Records Sword

The Texas Public Information Act (the "Act" or "PIA") permits public access to government records and encourages open government through transparency. However, astute and enterprising companies and consultants have realized...more

California Attorney General Issues 2012 Data Breach Report – Announces Investigating Breaches of Unencrypted Personal Information...

In 2012, for the first time, companies and government agencies subject to California’s Breach Notification Law were required to submit copies of their data breach notices to the California Attorney General when the breach...more

California Supreme Court Rules Union Has Right to Employee Addresses and Phone Numbers

On May 30, the California Supreme Court issued its decision in County of Los Angeles v. Los Angeles County Employee Relations Commission....more

Basic Guidelines for Protecting Company Trade Secrets

Under the Uniform Trade Secrets Act (UTSA), "trade secrets" are generally defined as confidential proprietary information that provides a competitive advantage or economic benefit....more

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