News & Analysis as of

Unauthorized Disclosure

Klein Moynihan Turco LLP

FCC Fines Major Wireless Carriers For Data Privacy Violations

On April 29, 2024, the Federal Communications Commission (“FCC”) announced that it had fined the nation’s largest wireless carriers a total of $196 million for violating consumer data privacy rights. AT&T, Sprint, T-Mobile...more

Robinson+Cole Data Privacy + Security Insider

U.S. Government Intervenes in Case Alleging Unauthorized Disclosure of CUI

The U.S. government recently intervened in a False Claims Act qui tam case against Georgia Tech Research Corporation, Georgia Institute of Technology, and Georgia Tech Research Institute for violations of NIST 800-171 for...more

Bradley Arant Boult Cummings LLP

Are the Corporate Transparency Act’s Criminal Provisions a Positive Development?

When the Corporate Transparency Act took effect earlier this month, most commentary rightly focused on the obligations it imposed and the measures necessary to comply with its terms. As part of that analysis, commentators...more

Balch & Bingham LLP

Seventh Circuit Rules Disclosure Of Personal Information To Vendor Is Not An Injury - (Transcript)

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In this episode of Consumer Finance Compass, Balch’s Jason Tompkins, partner in Balch & Bingham’s Consumer Finance Compliance & Defense Practice, explores the Seventh Circuit’s new decision ruling that the disclosure of...more

Venable LLP

Federal Trade Commission and U.S. Department of Health and Human Services Issue Warnings Related to Use of "Online Tracking...

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The Federal Trade Commission (FTC) and the U.S. Department of Health and Human Services' Office for Civil Rights (OCR) recently published a warning letter that they jointly sent to more than 130 hospital systems and...more

Butler Snow LLP

Business Courts and Other Highlights of the 88th Texas Legislature | Jerry Bullard | Texas Appellate Law Podcast

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Join us as we unpack the highlights of the 88th Texas Legislature. In this episode, Jerry Bullard discusses the ins and outs of business courts and their potential impact, plus other intriguing legal developments. He takes us...more

Hinch Newman LLP

FTC and HHS Warn Hospital Systems and Telehealth Providers About Use of Technologies That Share Sensitive Health Information

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The Federal Trade Commission and the U.S. Department of Health and Human Services' Office for Civil Rights are cautioning hospitals and telehealth providers about the privacy and security risks related to the use of online...more

Vondran Legal

Arizona trade secret law

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Most states have a law that protects trade secrets. California, for example, has CUTSA (California Uniform Trade Secret Act). Arizona has the Arizona Uniform Trade Secrets Act ("AUTSA") found in chapter 4 of title 44 of the...more

Ankura

[Webinar] Do Cookies Collect PHI? A Deep Dive into the OCR Bulletin on Online Tracking Technologies - February 22nd, 1:00 pm -...

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The Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) issued a Bulletin (Dec. 2022) outlining the obligations for HIPAA covered entities and businesses when deploying online tracking...more

Locke Lord LLP

A Stunning Opinion on “Dunning” ‎Letters: Revised Opinion Following En Banc Review

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In a revised opinion issued September 8, 2022, an en banc panel of the Eleventh Circuit Court of Appeals reversed last year’s controversial opinion which potentially spelled trouble for debt collectors utilizing third-party...more

Nextpoint, Inc.

Mr. Jones and Me – Exploring the Practical Ediscovery Lessons from the Alex Jones and Sandy Hook Litigation

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An important word has been missing from much of the talk about Alex Jones: Ediscovery. But ediscovery is where it all went wrong in the fiasco of his case. In a bizarre twist of events that are even “too dumb” for a Law...more

Reveal

5 Ways to Protect Sensitive Information From Unauthorized Disclosure

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Sensitive information is everywhere, from clients’ names and addresses to the trade secrets a business relies on to beat its competition. As such, organizations can’t avoid collecting, processing, storing, and transferring...more

Hinshaw & Culbertson - Consumer Financial...

The Hunstein Saga Ends at the Eleventh Circuit: Court Determines That Use of a Mail Vendor Did Not Inflict a Concrete Injury

On September 8, 2022, the Eleventh Circuit Court of Appeals gave its final word—after many twists and turns—in Hunstein v. Preferred Collection and Management Services, Inc., No. 19-14434. The court issued an en banc opinion...more

McGlinchey Stafford

Can A Payroll Employee Disclose Tax Return Information?

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Tax returns and return information generally are protected from disclosure by Section 6103 of the Internal Revenue Code (Code), and unauthorized disclosures can result in penalties. Certain disclosures are permitted, but what...more

Burr & Forman

Eleventh Circuit Vacates FDCPA Ruling, Will Rehear Case En Banc

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In the latest development in Hunstein v. Preferred Collection and Management Services, Inc., Case No. 19-14434, the full Eleventh Circuit Court of Appeals has vacated the previous panel’s opinion and will rehear the case en...more

Burr & Forman

Eleventh Circuit Keeps Troublesome FDCPA Ruling Despite Rehearing, Dissent

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The Eleventh Circuit Court of Appeals has issued its ruling on the motion for rehearing in Hunstein v. Preferred Collection and Management Services, Inc., Case No. 19-14434 but most of the troublesome aspects of the Court’s...more

Manatt, Phelps & Phillips, LLP

Hunstein II: 11th Circuit Doubles Down on Dubious Conclusion That Mail Vendor Usage Violates FDCPA

In a surprise to many, an arguably rogue panel of the U.S. Court of Appeals for the Eleventh Circuit has now reaffirmed its earlier decision from Hunstein v. Preferred Collection, 994 F.3d 1341, holding that (1) a plaintiff...more

Fisher Phillips

One Employee’s Accidental Email Leads To A Significant Data Breach Ruling in Federal Appeals Court

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A federal appeals court recently addressed whether employees had standing to bring a lawsuit when their personally identifiable information (PII) was inadvertently circulated to other employees at the company, with no...more

Pillsbury Winthrop Shaw Pittman LLP

DoD Codifies the NISPOM and Makes Other Changes Regarding Access to Classified Information

The Department of Defense issued a final rule adding the National Industrial Security Program Operating Manual (NISPOM) to the Code of Federal Regulations (CFR) and making other changes relevant to contractors that access...more

Farella Braun + Martel LLP

Electric Fence: Protecting Proprietary Rights in Collected Energy Data

Like companies in other industries, a growing number of modern energy-related companies are focusing their efforts on data collection and analysis. For example, Enphase – an energy technology company – regularly tracks data...more

ArentFox Schiff

Seventh Circuit Affirms the Availability of Head Start Damages in Trade Secrets Cases

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On August 20, 2020, the US Court of Appeals for the Seventh Circuit affirmed a $140 million jury verdict in a published opinion reiterating the important role of unjust enrichment damages in compensating victims of trade...more

Hudson Cook, LLP

The Diablo Is in the Customer's Private Details

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A recent complaint filed by the Federal Trade Commission serves as a perfect illustration of why one should not fire off a response to something on social media when angry. The diablo (Spanish for devil) in this article's...more

Hinshaw & Culbertson - Health Care

Exceptions Under the HIPAA Privacy Rule for Disclosure of PHI Without Patient Authorization

The Novel Coronavirus (COVID-19) has presented the healthcare industry with an abundance of issues and questions, most of which revolve around public health and safety. Recognizing the wide-reaching effects of COVID-19, the...more

Farella Braun + Martel LLP

New CCPA Lawsuit Against Zoom: Issues to Watch

As large portions of society become subject to coronavirus-related quarantines, increasing numbers of people have turned to web-based communications platforms for classes, meetings, events, and socialization. One such...more

Hinshaw & Culbertson - Insights for Insurers

Appellate Court Rules Insurers Have Duty to Defend Illinois Biometric Privacy Claim

An Illinois state appellate court recently ruled that a customer's biometric privacy class action claims against an insured tanning salon potentially fell within two insurer's personal injury coverage. See, West Bend Mutual...more

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