Since mid-2013, the Department of Health and Human Services has recovered more than $10 million from numerous entities in connection with alleged violations of the Health Insurance Portability and Accountability Act (“HIPAA”). However, during a recent American Bar Association conference, Jerome B. Meites, a chief regional civil rights counsel at the Department of Health and
Florida Social Media Bill Dies In Committee
As we previously reported, the Florida legislature was considering joining numerous other states which have banned employers from requesting or requiring access to current or prospective employees’ social media accounts.
Senate Bill SB198, which was entitled “An Act Relating to Social Media Privacy,” has died in committee. As such, Florida will not be
Fulbright’s Litigation Survey Addresses Privacy in the Age of Social Media and Mobile Devices
Norton Rose Fulbright recently released the results of their 9th annual litigation trends survey. The Fulbright survey reflects information collected from 392 in-house attorneys; including 82% identifying themselves as general counsel and 14% as head of litigation. Additionally, the companies responding to the survey represent virtually all industries, include entities of all sizes, and
Best Practices For Gramm-Leach-Bliley Compliance
The U.S. Commodity Futures Trading Commission (Commission) issued a Staff Advisory on best practices for financial institutions that must comply with Gramm-Leach-Bliley Act (GLBA) provisions on data security and customer privacy.
GLBA was enacted to ensure that financial institutions respect the privacy of their customers and protect the security and confidentiality of nonpublic personal information.
EEOC To Discuss Social Media’s Impact On The Workplace
The U.S. Equal Employment Opportunity Commission (EEOC) just announced they will be holding a meeting on March 12, 2014 to discuss the use of social media in the workplace and its impact on the enforcement of equal employment opportunity laws. According to the EEOC’s announcement, the participants will address a range of issues, including recruitment
Facebook Posts Not Discoverable
The Florida District Court of Appeal, Second District quashed an order requiring the mother of a vehicle accident victim to produce copies of certain postings on her Facebook account. 
In Root v. Balfour Beatty Constr., LLC, the plaintiff, Tonia Root (“plaintiff”) filed a negligence suit against the city and its contractors following an accident
Employee Criminally Prosecuted For Taking Employer’s Documents
A New Jersey Appellate Court recently ruled that an employee who removes or copies her employer’s documents for use in her whistleblower or discrimination case may be prosecuted criminally for stealing. In State v. Saavedra, the employee had taken highly confidential original documents owned by her employer, contending that she did so to support
Top 14 for 2014
In honor of National Data Privacy Day, we provide the following “Top 14 for 2014.” While the list is by no means exhaustive, it does provide critical areas businesses will need to consider in 2014.
- Location Based Tracking. As the utilization of GPS enable devices becomes more and more prevalent, employers are often faced
Proposed Bill Barring Credit Checks By Employers
Massachusetts Senator Elizabeth Warren recently introduced legislation which would ban employers from conducting credit checks of prospective employees during the hiring process. Known as the Equal Employment for All Act, the measure would amend the Fair Credit Reporting Act to prohibit employers from using consumer credit reports to make employment decisions. Notably, the Act
Social Media Guidance Issued For Financial Institutions
The Federal Financial Institutions Examination Counsel (FFIEC) recently issued supervisory guidance entitled “Social media: Consumer Compliance Risk Management Guidance.” Financial institutions are expected to use the Guidance in their efforts to ensure that their policies and procedures provide oversight and controls commensurate with the risks posed by their involvement in social media.
The Guidance was