Blogs

Showing Blog Posts: 11–20 of 81 tagged Legal

  • California's New Defense for Medical Data Breach Cases

    by Stephen Wu on February 24, 2013

    Last year, I discussed the phenomenon of a big dollar class action suit seeking almost a billion dollars in statutory damages arising out of a healthcare data breach.#_ftn1 A break-in at Sutter Health occurred at its administrative offices in October 2011, in which burglars stole a desktop computer containing unencrypted electronic medical records on a large number of patients. On the date Sutter…

  • California Legislation Adds New Employer Records Management Requirements

    by Stephen Wu on January 13, 2013

    California companies must keep track of records and information management (RIM) requirements for the generation, retention, and disclosure of various records. It is difficult to keep track of all of them. Consequently, it makes sense to devote resources, whether internal or an external consulting firm, to match requirements to the types of records that they use. Last year, a trio of new pieces…

  • BYOD and Employee Privacy--Factors to Consider

    by Stephen Wu on December 12, 2012

    Let’s say that your company has a “Bring Your Own Device” (BYOD) policy permitting employees to use personal mobile devices for work. Do your employees have a reasonable expectation that their mobile device information is private, even if some of that information is work-related? Can an employer compel access to that information? A recent case sheds some light on the factors a court will use to…

  • New Illinois Social Media Privacy Law

    by Stephen Wu on November 12, 2012

    On January 1, 2013, new Illinois legislation will go into effect, which will limit employers' ability to gain access to employees' or job candidates' social media content. The legislation, HB3782, bars employers from requesting or requiring any employee or prospective employee to provide a password or related social networking account information. After news reports early this year talked about…

  • New California Social Media Privacy Legislation

    by Stephen Wu on October 8, 2012

    On September 27, 2012, California Governor Jerry Brown signed two pieces of legislation intended to protect the privacy of social media accounts. The first, AB 1844, covers employees, and the second, SB 1349, covers students at postsecondary educational institutions. I wrote an earlier post about how some employers are demanding that employment applicants give them their Facebook user names and…

  • New Amendments to the Vermont Breach Notification Law

    by Stephen Wu on September 10, 2012

    Vermont recently amended its security breach notification law with a number of changes. Included in the amendment are changes to the definition of "security breach," guidance on determining whether a breach has occurred, a 45-day deadline for notification, and a requirement of notifying the attorney general of a breach. The legislation, H.254, became Act 109 following the governor's signature. For…

  • Smart Cars and eDiscovery

    by Stephen Wu on August 16, 2012

    I heard an interesting radio show on NPR the other day. Auto manufacturers are rolling out the next generation of cars that try to implement the lessons the phone manufacturers learned from Apple, Google, and others. Let's put screens on cars, and give them apps, they say. Let's do for the car what iOS and Android did for phones and tablets. Cars dashboards should have apps, just like any other…

  • Navigating Social Media Legal Risks: Safeguarding Your Business

    by Ben Rothke on August 14, 2012

    In the documentary Scared Straight! a group of inmates terrify young offenders in an attempt to “scare them straight”" (hence the film's title) so that those teenagers will avoid prison life. A 2002 meta-analysis of the results of a number of scared straight and similar intervention programs found that they actively increased crime rates, leading to higher re-offense rates than in control groups…

  • Connecticut Adds AG Reporting to its Breach Notification Law

    by Stephen Wu on July 1, 2012

    On June 15, 2012, Connecticut Governor Dan Malloy signed House Bill 6001, legislation to implement provisions of the state budget for the 2012-2013 fiscal year. Included in the legislation was a series of amendments to Connecticut’s breach notification law. The most significant set of amendments to the breach notification law added a requirement to report breaches to the Connecticut Attorney…

  • First Criminal Case in BP Oil Spill Based on Spoliation

    by Stephen Wu on April 25, 2012

    Yesterday, the first criminal charges in the BP oil spill disaster were unveiled, as the government arrested and charged BP engineer Kurt Mix with obstruction of justice. What was the crime charged? The government charged Mix with obstruction of justice based on Mix allegedly deleting text messages from his iPhone. In other words, the first criminal case in the BP disaster had to do with…

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