Jackson Lewis P.C.

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Since it was enacted in 2008, plaintiffs suing under the Genetic Information Nondiscrimination Act ("GINA"), 42 U.S.C. Section 2000ff et seq., have not had much success. Most cases have been dismissed at an early stage.  As reported on our Disability, Leave and Health Management Blog, however, this summer the U.S. Equal Employment Opportunity Commission ("EEOC") burst on the scene…

The Driver’s Privacy Protection Act ("DPPA"), 18 U.S.C. Section 2721, et seq, was enacted by Congress in 1994 after the highly-publicized murder of actress Rebecca Schaeffer by a stalker who obtained her unlisted address from the California Department of Motor Vehicles. ("DMV").  The Act restricts state DMVs from disclosing personal information contained in motor vehicle records except…

North Dakota has amended its data breach notification law to include "medical information" and "health insurance information." See N.D. Century Code, Section 51-30-01.  Amendments to the law also provide an exemption for HIPAA  covered entities, business associates, or subcontractors so long as they are in compliance with breach notification requirements under title 45, Code of Federal…

The Washington, D.C. and Chicago offices of the U.S. Equal Opportunity Commission ("EEOC") filed a lawsuit against the Davis Typewriter Company on August 27, 2012 alleging that the company failed to take appropriate corrective action to prevent sexual harassment by a supervisor who used office surveillance cameras to zoom in on an employee’s breasts and other…

In a case reflecting the challenges faced by institutions of higher education in trying to prevent violence on campus, a judge in the U.S. District Court for the Eastern District of Pennsylvania declined to dismiss claims against Widener University by a former student under the Electronic Communications Privacy Act (ECPA) and the Stored Communications Act (SCA) for accessing the student’s Facebook account without permission.

Privacy and data protection rules of the European Union place a heavy compliance burden on European companies and all foreign companies handling or possessing EU data and the latest proposal under consideration by the European Parliament for a uniform rule is no exception. As reported by L&E Global, the worldwide alliance of premier boutique employment …

Approximately 233 pages of confidential patient grievance files are at the center of a legal storm in U.S. District Court for the District of Minnesota.  In the case of Peterson v. HealthEast Woodwinds Hospital, the plaintiff, a former Patient Advocate, alleges she was instructed to improperly destroy medical files. According to her Complaint, this caused Peterson stress that required…