- Courts are increasingly looking at website privacy policies, terms of use, privacy notices, and other statements from organizations and assessing breach of contract and
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
Federation of State Medical Boards Issues Guidelines for Use of Social Media in Medical Practice
The Federation of State Medical Boards (FSMB) recently adopted model policy guidelines for the appropriate use of social media and social networking in a medical practice. The model policy guidelines can be viewed here. In its findings, the FSMB reports that 67 percent of 4,000 physicians surveyed use social media for professional purposes and that research
Social Media For Universities and Colleges–Beyond Recruiting
In connection with its coverage of national signing day, ESPN.com recently highlighted that social media is increasingly being utilized by coaches to contact, recruit and gather information about players. For players, it’s a way to get recruited, control the message and interact with fans and other recruits at unprecedented levels. And, like in the workplace,
The Social Media Manager/Guru/Wizard/Ninja/Diva
Have you hired a social media manager? A social media guru/w
izard/ninja/diva? Each of these
job "titles" are increasingly being used by companies to attract individuals who specialize in marketing a company’s brand and/or services in social media. A recent article in the Chicago Tribune and Los Angeles Times highlights just how prevalent these job titles
Keyloggers Beware–Companies Risk Being Sued By Employees
A U.S. District Court in Indiana has ruled that a company’s use of keylogger software to access an employee’s personal e-mail account may have violated the Stored Communications Act (“SCA”).
Keylogging or keystroke logging is the tracking of the keys struck on a keyboard, typically in a covert manner. 
In Rene v. G.F. Fishers, Inc.
Alleged HIPAA Violation Supports State Common Law Negligence Claim
A Missouri federal district court has ruled, in I.S. v. Washington University, that a HIPAA-covered entity’s disclosure of protected information can form the basis for a state-law negligence claim. The Court reached this holding despite the well-accepted principle there is no private cause of action under HIPAA.
The plaintiff, I.S., was undergoing medical treatment
Unauthorized Access to Medical Records Under Company Policy and HIPAA Supports Denial of Unemployment Benefits
A data entry specialist in Minnesota who was fired for accessing medical records on behalf of a colleague was denied unemployment benefits by the Minnesota Court of Appeals in a recent decision that highlights the importance of zero tolerance policies for employers. The unpublished decision, Bingham v. Allina Health System, No. A10-872 (Jan. 11, 2011), involved an