The Foreign Corrupt Practices Act -
Detailed technical definitions and explanations of what constitutes corrupt practices are available. A simple explanation is that furnishing a foreign government official with...more
In a presidential election year, Americans are often reminded that “As Ohio goes, so goes the nation.” When it comes to banks, insurers and financial institutions, it may be equally true to say “As goes New York, so goes the...more
Ireland was recently stunned with the news that Apple owed it 13 billion euros it did not want. The underlying tax arrangement was relatively straightforward: Corporations that do businesses in different jurisdictions often...more
In 2013, hackers attacked a venerable Swansea, Massachusetts institution via ransomware. Ransomware is software that locks users out of computers or specific files until the victim pays a “fee” to release the lock. Such...more
Hollywood has traditionally shown suspicious spouses relying on the same Victorian sleuthing techniques as Sherlock Holmes: a search for an errant strand of exotic hair, the stray lipstick mark or the lingering whiff of a...more
‘Tis the season for listening. Joining a previous Presidential Commission invitation, the Federal Trade Commission (the FTC) is now seeking comments on the GLB Safeguards Rule.
The GLB Safeguards Rule, which took effect in...more
In my software consulting years, it was remarkably routine for clients to concede that they had never read their own procedures and documents. While it lent itself to amusing anecdotes like the database administrator who...more
Do you feel that the federal government doesn’t listen? Or at least not to you? Well, here is the opportunity to have your voice heard, albeit just on cybersecurity....more
It could have been a Bond trailer, complete with the dramatic intro “In a world where there are no secrets….” But this is real. On Monday, a mysterious group calling itself the Shadow Brokers released files apparently swiped...more
Every generation eventually reaches a point (some might call it “early middle age”) where its formative years become the focus of widespread nostalgia. As indicated by the success of the recent Star Wars sequel and numerous...more
8/16/2016
/ Article 29 Working Party (WP29) ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
OECD ,
Ombudsman ,
Schrems I & Schrems II ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
In June 2016, India-based online advertising behemoth InMobi Ltd. agreed to pay a $ 950,000 fine to resolve Federal Trade Commission (FTC) allegations that its data collection practices violated the Children’s Online Privacy...more
In 1989, an obsessed fan fatally shot actress Rebecca Schaeffer in the doorway of her West Hollywood home. He had obtained her address from the California Department of Motor Vehicles. The murder prompted Congress to pass the...more
Pokémon Go is an augmented reality game developed by Niantic (a Google affiliate) and Nintendo. Players navigate real world locations capturing and training virtual “Pokémon” creatures with their iOS and Android smartphones. ...more
The U.S. Department of Health and Human Services Office for Civil Rights (OCR) and Oregon Health & Science University (OHSU) recently entered into a resolution agreement to settle potential violations of HIPAA’s Privacy and...more
Amidst the balloons and excitement (and smoke machines and procedural kerfuffles) at the GOP Convention in Cleveland, one provision in the party platform has caught the eye of cyber experts. For the first time, an American...more
A federal court in the Eastern District of Virginia has held that a user utilizing a computer connected to the Internet has no expectation of privacy because hackers have repeatedly demonstrated their ability to circumvent...more
The excitement surrounding the unexpected Brexit results has drowned out less dramatic stories. With David Cameron’s resignation as Prime Minister and Jeremy Corbyn’s position as Leader of the Opposition increasingly...more
Just when you thought things couldn’t get much worse for skilled nursing facility providers in terms of civil money penalties and other survey sanctions, it did. All of a sudden, we’ve noticed in our practice a marked uptick...more
In October 2015, the European Court of Justice invalidated the US-EU Safe Harbor Program in the landmark Schrems v. Data Protection Commissioner decision. The Safe Harbor was a 15-year old program that had allowed American...more
In State v. Bishop (June 10, 2016), the Supreme Court of North Carolina reversed a unanimous panel of the Court of Appeals and struck down the state’s cyberbullying statute, N.C.G.S. § 14-458.1 as unconstitutional....more
In recent weeks, hundreds of businesses around the country have been hit by an email “phishing” scam that is both brilliant in its exploitation of workplace power dynamics and potentially devastating in its effects. This...more
A recently publicized settlement with the Office of Civil Rights of the U.S. Department of Health and Human Services highlights that it is not only important to have a HIPAA-compliant form of business associate agreement...more
Incentive compensation (e.g., stock options, restricted stock, bonus plans, phantom stock, stock appreciation rights, etc.) can be a very useful tool for aligning the incentives of employees and shareholders, as well as a...more
In 2010, Congress passed the Dodd-Frank Wall Street Reform and Consumer Protection Act, which, among other things, required the Securities and Exchange Commission (SEC) to adopt rules that would prohibit the use of the Rule...more