News & Analysis as of

Google Glass will read our emotions?

An App might shortly allow Google Glass users to read the sentiments of people they are talking to as part of a wearable technology project run by a US start-up Emotient. However, this project might face some data protection...more

Fashion, global e-commerce and harmonized legislation

We discussed fashion and online retail and the new related legal issues. When a fashion company decides to approach e-commerce, it is likely that it will deal with different jurisdictions, taking into account, for...more

BBB Warns Advertisers and Web Publishers to Take Responsibility for Behavioral Advertising Disclosures

The Better Business Bureau (“BBB”) and the Direct Marketing Association (“DMA”) are in charge of enforcing the ad industry’s Self Regulatory Principles for Online Behavioral Advertising (“OBA Principles”), which regulate the...more

OCR Issues Guidance on HIPAA Refill Reminder Marketing Exception, and other Modifications to Privacy Protections

On September 19, 2013, the Office of Civil Rights of the Department of Health and Human Services (“OCR”) released guidance on a number of privacy protections, the most significant of which relates to the refill reminder...more

Top fashion legal topics – #5 Fashion and online retail

We dedicated this week to fashion and IPT (intellectual property and technology) issues. After wearable technologies, special rules for foreign franchisors in Italy, 3D Printers à la mode, social media and fashion this IPT...more

A Legal Guide To The Use Of Social Media In The Workplace

In This Issue: - Introduction - Social Media And The Employment Relationship - Wage And Hour Considerations - Discrimination Laws - Protected Activity Laws - Applicant Screening...more

Advertising Law - Apr 25, 2013

- Marc Roth Invited to Present on Privacy Issues in Marketing at NYC Bar CLE Program: On May 3, 2013, the New York City Bar Center for CLE and the Brand Activation Association (formerly the Promotion Marketing...more

How website security can harm your firm’s marketing efforts

On the weekend of April 13, 2013, widespread reports of a WordPress attack spread throughout the internet. The story got traction on mainstream publications like Forbes, Information Week, and NBC News, putting some website...more

BANKING AND FINANCIAL INSTITUTIONS CLIENT UPDATE: Emerging Thoughts and Reactions to Federal Financial Institutions Examination...

On January 22, 2013, the Federal Financial Institutions Examination Council (FFIEC) released proposed guidance regarding the use of social media by federally regulated financial institutions. ...more

It’s Déjà Vu All Over Again: Massachusetts Allows Actions for Violation of Privacy Rights Based on Collection of ZIP Codes

Massachusetts appears to have followed California’s lead in opening a litigation floodgate over ZIP code collection at the point of sale. In 2011, the California Supreme Court held in Pineda v. Williams-Sonoma Stores, Inc.,...more

Hong Kong Data Privacy Law Update: Personal Data (Privacy) (Amendment) Ordinance 2012

INTRODUCTION - The Personal Data (Privacy) (Amendment) Ordinance 2012 (“Amendment Ordinance”) was formally adopted in July 2012. One of the most significant changes the Amendment Ordinance made to the existing Personal...more

Cookie Monster

When it comes to venue, cookie cases are anything but cookie-cutter - Marketers have an insatiable interest to know more about their customers, and the “cookies” they plant in those customers’ computers reveal much of...more

New HIPAA Omnibus Regulations – What Employers Who Sponsor Group Health Plans Need to Know to Comply

On January 25, 2013, the Department of Health and Human Services (HHS) published final regulations that modify the Privacy, Security, Enforcement and Breach Notification Rules issued pursuant to the Health Insurance...more

New HIPAA Rule Imposes Data Security and Privacy Obligations Directly Upon Vendors and Contractors of Covered Entities

On January 25, 2013, the Department of Health and Human Services ("HHS") published the Final Rule to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA")'s Data Security and Privacy Rules. The Final Rule...more

What Employers That Maintain Group Health Plans Need to Know About the HIPAA Omnibus Regulations

On January 25, 2013, the Department of Health and Human Services (HHS) published final regulations that modify the Privacy, Security, Enforcement and Breach Notification Rules issued pursuant to the Health Insurance...more

HIPAA Happenings — The New HITECH Act Megarule

Way back on February 17, 2009, Congress passed a stimulus bill that contained provisions referred to as the Health Information Technology for Economic and Clinical Health ("HITECH") Act. The HITECH Act was geared toward...more

A Detailed Analysis of Changes to HIPAA and the Implications for Healthcare Providers and Others in the Healthcare Industry: HIPAA...

Changes to the HIPAA Privacy Rule: Background: The HIPAA Privacy Rule governs the use and disclosure of Protected Health Information (“PHI”). Prior to the HITECH Act, the Privacy Rule only applied to Covered Entities...more

Health Law Alert: HHS Publishes Long-Awaited Final HIPAA Omnibus Rule

On Friday, January 25, 2013, the U.S. Department of Health and Human Services (HHS) published the long-awaited final HIPAA Omnibus Rule, modifying the HIPAA Privacy, Security, Enforcement and Breach Notification Rules under...more

HIPAA and HITECH Privacy and Security Rule Update: Final Omnibus Rule

The Office of Civil Rights (“OCR”) of the Department of Health and Human Services (“HHS”) published today the much anticipated final omnibus rule implementing the Health Information Technology for Economic and Clinical Health...more

Final Regulations Address Privacy and Security of Health Information

The U.S. Department of Health and Human Services (HHS) issued final regulations last week that modify many aspects of the privacy and security rules under the Health Insurance Portability and Accountability Act (HIPAA) and...more

OCR Issues Long-Awaited Omnibus HIPAA/HITECH Rules: Significant Changes for Business Associates and Breach Analysis

The wait is finally over. On January 17, 2013, the U.S. Department of Health & Human Services (HHS), Office for Civil Rights (OCR), issued the final “omnibus” rule modifying the HIPAA Privacy, Security, Breach Notification...more

A Comprehensive Summary of the Final Omnibus HIPAA/HITECH Rules: Key Provisions and What They Mean for You

Executive Summary - On January 25, 2013, the Federal Register will publish final omnibus rules written by the U.S. Department of Health and Human Services (HHS) to modify the HIPAA Privacy, Security, Breach...more

HHS Finalizes Comprehensive Modifications to HIPAA Regulations in Omnibus Final Rule

On Thursday, January 17, 2013, the Department of Health and Human Services Office for Civil Rights (“HHS”) released in pre-publication form the rule commonly known as the “HIPAA Omnibus Rule,” which we refer to below as the...more

HHS Issues Final Omnibus HIPAA/HITECH Rule

On January 17, 2013, the Office for Civil Rights of the U.S. Department of Health and Human Services (HHS) issued the long-awaited omnibus final rule (the Rule) implementing changes in current regulations under the Health...more

New Omnibus Rule Released: HIPAA Puts on More Weight

On Jan. 17, 2013, the Department of Health and Human Services (HHS) released the long-awaited “Omnibus Rule,” which amends the administrative simplification provisions of the Health Insurance Portability and Accountability...more

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