News & Analysis as of

Confidential Information

Relaxation of SAMHSA laws intended to align with advances in health care delivery

by Thompson Coburn LLP on

The final rule governing changes to the Substance Abuse and Mental Health Services Administration (SAMHSA) regulations became effective February 2, 2018. What is SAMHSA? The federal SAMHSA regulations (42 CFR Part 2)...more

Lessons From The Waymo v Uber Trade Secrets Trial

by Fisher Phillips on

Just hours after the Eagles clinched their upset Super Bowl win over the Patriots, a different battle royale began in a San Francisco courtroom between an established juggernaut and its upstart rival. For techies and trade...more

Uber and Waymo Settle Trade Secret Dispute

by Tucker Arensberg, P.C. on

On February 9, 2018, Uber and Waymo agreed to settle their closely watched trade secret dispute related to self-driving car technology. As part of the settlement, Uber has agreed not to use any Waymo confidential information...more

Automation Of Our Auto Nation: New Tech Requires A New Look At Trade Secret Laws

Self-driving cars—once a thing of the future—are now becoming a reality. And, as with any new technology, there is a learning curve. Once consumers are able to test out new products, they adapt, preferences change, and what...more

Loving the Competition

by Sherman & Howard L.L.C. on

In a recent case, with some rather salacious details, the Third Circuit had the opportunity to examine employee liability under the Computer Fraud and Abuse Act (CFAA). Teva received a tip from a competitor’s former employee...more

Government Gatekeeper? DOJ Memo Encourages Dismissal of Meritless False Claims Act Cases

by Latham & Watkins LLP on

Leaked DOJ memo instructs government attorneys to consider dismissing certain False Claims Act qui tam actions. On January 10, 2018, Michael D. Granston, Director of the Commercial Litigation Branch of the Department of...more

How “Similar” is Similar Enough for New York Law to Trump a Choice-of-Law Provision?

In WL Ross & Co. v. Storper,[1] a recent Commercial Division decision involving the private equity firm founded by U.S. Secretary of Commerce Wilbur Ross, Justice Andrea Masley suggested that New York courts can disregard...more

OCC Identifies Cybersecurity as an Increasing Risk to Banks in Semiannual Risk Perspective

by Weiner Brodsky Kider PC on

The Office of the Comptroller of the Currency (OCC) recently released its Semiannual Risk Perspective for Fall 2017, assessing the risks facing national banks and federal savings associations as of June 30, 2017. A key risk...more

Appellate Court Endorses Discretionary Test for Vicarious Disqualification of Law Firms Due To New Attorney’s Conflict

In California Self-Insurer’s Security Fund et al. v. The Superior Court of Orange County (1/26/2018 – No. G054981), the Fourth Appellate District considered whether vicarious disqualification of a law firm is mandatory or...more

Restrictive covenants, Brexit and the war for talent – why protecting your confidential information has never been more important

by Allen & Overy LLP on

In an age of artificial intelligence and robotics and where electric cars are now a reality, restrictive covenants in employment contracts are essential armour for any employer. Certainly for Dyson Technology Limited (DTL),...more

SAMHSA Updates Privacy Regulations to Reflect Advancements in Healthcare

by BakerHostetler on

On Jan. 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued its final rule regarding the Confidentiality of Substance Use Disorder Patient Records Part 2. These changes become effective Feb....more

The Deal Quotes Douglas Rappaport on Litigation Strategies for Shareholder Activists

The Deal article quoted Akin Gump's attorney Douglas Rappaport. Douglas Rappaport, a partner in the litigation practice at Akin Gump, has been quoted by The Deal in “Activist Spotlight: Litigation Strategy Moves Behind the...more

David Nosal Raises Unusual Fairness Argument In Yet Another Attempt To Avoid 366-Day Prison Sentence

Just over four years ago, in January 2014, a court sentenced former Korn/Ferry regional director David Nosal to one year and one day in prison for violations of the federal Computer Fraud and Abuse Act and the Espionage Act. ...more

ABA Gets Lawyers Heightened Protections For Device Searches At International Borders

by Jackson Lewis P.C. on

U.S. Customs searches have become increasingly invasive over the years. Pursuant to Department of Homeland Security (DHS) policy, U.S. Customs and Border Protection (CBP) operates under the “broad search exception”, which...more

PCAOB And Accounting Firm Employees Charged With Misuse Of Confidential Data To Improve Firm's Inspection Results

by Shearman & Sterling LLP on

On January 22, 2018, the SEC announced civil charges against six certified public accountants for their role in an alleged scheme to misappropriate confidential information from the Public Company Accounting Oversight Board...more

Are Financial Services Firms Reconsidering The Protocol?

by Seyfarth Shaw LLP on

The Protocol for Broker Recruiting (“Protocol”) allows for reciprocal poaching of brokers. More specifically, if a broker leaves one Protocol firm for another Protocol firm, the broker can a) take certain account information...more

Inspection of Personal Electronic Devices Conducted by U.S. Customs and Border Protection Officers on the Rise

by Garvey Schubert Barer on

International travelers from and to the United States may increasingly encounter an inspection of personal electronic devices conducted by U.S. Customs and Border Protection (“CBP”) officers. The selection may be for a...more

Employment Law - January 2018 #2

DOL Reissues Opinion Letters, Adopts ‘Primary Beneficiary’ FLSA Test - Why it matters - Reinforcing a shift in policy, the Department of Labor (DOL) reissued 17 opinion letters on a variety of topics under the Fair...more

Law Firm Credentials for Sale on the Dark Web: Understanding Your Cybersecurity Vulnerabilities

by Bennett Jones LLP on

Law firms are being vigorously attacked by hackers. This is unsurprising given that law firms are repositories of incredibly valuable and commercially sensitive information about their clients and maintain large sums of money...more

SAMHSA Final Rule Expands Permitted Disclosures of Substance Use Disorder Information to Subcontractors

The Substance Abuse and Mental Health Services Administration (SAMHSA) has issued a final rule (Rule) updating the Confidentiality of Substance Use Disorder Records, 42 CFR part 2 (Part 2), to expand the circumstances under...more

New SAMHSA Rule: Permissible Part 2 Substance Abuse Disclosures to Subcontractors

by Baker Ober Health Law on

On January 3, 2018, the Substance Abuse and Mental Health Services Administration (SAMHSA) issued a final rule to revise 42 CFR Part 2, the federal regulations governing confidentiality of certain substance abuse patients'...more

Connecticut Supreme Court Recognizes Common-Law Cause of Action for Unauthorized Disclosure of Confidential Medical Information

In a long-awaited decision concerning the confidentiality of medical records and patient privacy, the Connecticut Supreme Court recently concluded that the physician-patient relationship establishes a duty of confidentiality...more

Connecticut Recognizes New Cause of Action for Breach of Patient/Physician Confidentiality

by Murtha Cullina on

Based on the decision in a recent Connecticut Supreme Court case, patients may now sue physicians for breaching confidentiality. Previously, Connecticut did not recognize breach of confidentiality as a cause of action. ...more

Connecticut Supreme Court Recognizes New Cause of Action for Patient Privacy Breach

by Shipman & Goodwin LLP on

On January 16, 2018, the Connecticut Supreme Court issued a decision recognizing a common law duty of confidentiality arising from the physician-patient relationship, and the corresponding right of a patient to sue his or her...more

Connecticut Supreme Court Recognizes Common-Law Cause of Action for Unauthorized Disclosure of Confidential Medical Information

In a long-awaited decision concerning the confidentiality of medical records and patient privacy, the Connecticut Supreme Court recently concluded that the physician-patient relationship establishes a duty of confidentiality...more

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Cybersecurity

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