News & Analysis as of

Vendors

Is Automation Really the New Outsourcing?

by Patrick Law Group, LLC on

As disruptive technologies continue to explode across the corporate technology landscape, a natural inclination from both business personnel and attorneys may be to draw parallels between these innovation tools and more...more

OTA & Travel Distribution Update - June 2nd, 2017

by Garvey Schubert Barer on

This week’s client OTA & Travel Distribution Update for the week ending June 2, 2017 is below. A short update this week: Expedia Defends (Again) Billboard Effect [OTA]. In the latest salvo regarding the existence of...more

$283MM in Telemarketing Penalties: The Top 10 Things You Need to Know About the Big Dish Ruling This Week

by Dorsey & Whitney LLP on

On the heels of a crushing $60MM civil judgment in North Carolina two weeks ago, Dish was hit with a staggering $283MM in penalties in an epic ruling by Judge Sue E. Myerscough of the Central District of Illinois this week in...more

A Striking EHR Settlement: The DOJ pursues an EHR Vendor for "Causing the Submission" of False EHR Incentive Payment Claims

by Bass, Berry & Sims PLC on

On May 31, 2017, the U.S. Department of Justice (DOJ) announced a $155 million settlement with eClinical Works (ECW), a nationally-known electronic health records (EHR) software vendor. The settlement arises out of a lawsuit,...more

Deeper Dive: Vendor Management Crucial for Data Protection

by BakerHostetler on

In our 2017 Data Security Incident Response Report, we found that of the 450+ incidents we worked on last year, network attacks that succeeded due to vendor wrongdoing were significantly more common (15 percent) than those...more

Recent Article on the Nuts and Bolts of Section 503(b)(9) Claims in Chapter 11 Cases

The so-called 20-day administrative priority claim (set forth in Section 503(b)(9) of the Bankruptcy Code) is perhaps the best remedy available to vendor creditors in Chapter 11 cases....more

Guess Who’s Getting Directly into the Vendor Management Business?

In a regulatory field already crowded with federal and state regulators mandating the processes financial services companies employ in managing their vendors, the rather short insertion in the Spring 2017 issue of the...more

If the Shoe Fits, Wear It – Bank Third Party Vendors as Institution-Affiliated Parties

by Bryan Cave on

When negotiating bank third party vendor contracts it is not unusual to ask the vendor to acknowledge in the contract that bank regulators might exercise some sort of supervision over the vendor. Vendors will oftentimes push...more

FOIA and Public Records: IHSA 3, BGA 0

by Holland & Knight LLP on

In Better Government Association v. Illinois High School Association and High School District 230 IL Supreme Court No. 121124, the Illinois Supreme Court, on May 18, 2017, affirmed an appellate court's ruling that the...more

Is Pricing Transparency Finally Happening in eDiscovery?: eDiscovery Trends

by CloudNine on

An age old issue in eDiscovery has been understanding and comparing pricing between various vendors and service providers. It’s the old “apples vs. oranges” comparison when considering pricing. A new article, which...more

Third-Party Data Breaches: Weakest Link in Cybersecurity

by Revision Legal on

One problem that many companies discover as they develop cybersecurity measures is that third-party data breaches is the weakest link in its data management chain. Many companies find it a business necessity to outsource...more

Misconfigured Backup Server Exposes 7,000+ Medical Records

A misconfigured backup server hosted by medical records technology vendor iHealth Solutions resulted in exposure of over 7,000 medical records, some containing sensitive information. The records, involving patients seen at...more

Don’t Get Trapped in the Cloud: Using Technology and Contract Terms to Avoid Vendor Lock-in

by Morgan Lewis on

Migrating applications and workloads to a cloud provider has obvious benefits—scalability, flexibility, efficiency, and cost considerations are all driving the dramatic increase in the use of cloud services. However, as...more

NYS DFS Cybersecurity Regulations: Should Your Firm be Concerned?

by Prosperoware on

Last week, I looked at the global implications of new European Union regulations, reviewing how a year’s deadline will still cause a scramble to achieve compliance with the GDPR. In the United States, a recently passed...more

GST & Residential Property: Purchasers to pay GST to ATO

by K&L Gates LLP on

The Government announced in its 2017-18 Budget that, from 1 July 2018, purchasers of new residential premises (new homes / apartments) and subdivided residential lots will need to pay any applicable GST on the sale directly...more

Vendor Relations – Your Best Friends Really Can Hurt You

by Baker Donelson on

Baker Donelson's Data Protection, Privacy and Cybersecurity attorneys are pleased to continue a series of client alerts that address significant cyber-threats to your business and discuss ways you can protect your business...more

The Chapter 11 Vendor Game Changer: Section 503(b)(9) Claims

What is Section 503(b)(9)? This section of the Bankruptcy Code provides an allowed administrative expense for “the value of any goods received by the debtor within 20 days before the date of commencement of a case * * * in...more

$2.5 Million Settlement Reached as HIPAA Crackdown Continues on Unsecured Portable Devices

by Jones Day on

A recent settlement of $2.5 million for alleged violations of the Health Insurance Portability and Accountability Act ("HIPAA") continues a trend of government enforcement targeting health care providers and vendors that fail...more

From the CISO Corner: Your Most Important Security Relationship

Have you come to the conclusion that you need a Managed Security Services Provider (MSSP) to support your small to medium sized enterprise but don’t know where to start?...more

Massachusetts Department of Revenue Adopts a Novel Administrative Position Requiring Large Out-of-State Internet Vendors To...

by Locke Lord LLP on

According to new Directive 17-1 issued by the Massachusetts Department of Revenue, beginning July 1, 2017, all out-of-state internet vendors that in the prior taxable year had greater than $500,000 in Massachusetts sales and...more

Association of Corporate Counsel Develops Model Information Protection and Security Controls for Outside Vendors, Including...

by Jackson Lewis P.C. on

The Association of Corporate Counsel (ACC), which represents over 42,000 in-house counsel across 85 countries, recently released its ACC Chief Legal Officers (CLO) 2017 Survey which found that two-thirds of in-house legal...more

Court Held That Company’s Employee Did Not Owe Fiduciary Duty To Vendor

by Winstead PC on

In E-Learning LLC v. AT&T Corp., the plaintiff provided computer software services to the defendant. No. 04-16-00291-CV, 2017 Tex. App. LEXIS 1726 (Tex. App.—San Antonio 2017, no pet. history). Beginning in 2010, the parties...more

OIG report finds CFPB can strengthen conflict of interest controls related to vendor activities

by Ballard Spahr LLP on

The Office of Inspector General for the Fed and CFPB has issued a report on the results of an evaluation it conducted to determine whether the CFPB effectively mitigates the risk of potential conflicts of interest associated...more

Contract Corner: SaaS Escrow Considerations (Part 2)

by Morgan Lewis on

Picking up where we left off last week, below are some additional distinctions for escrow arrangements in the software as a service (SaaS) context and related customer and vendor considerations....more

Contract Corner: SaaS Escrow Considerations (Part 1)

by Morgan Lewis on

With software as a service (SaaS) offerings here to stay as the preferred technology solution for many key business requirements, we are seeing more and more requests for escrow arrangements involving SaaS solutions....more

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Cybersecurity

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