New Washington Privacy Law Effective July 1, 2010

Washington is the third state to enact an encryption law and a payment card law.1 Massachusetts and Nevada enacted encryption laws and Minnesota and Nevada enacted payment card laws. Since this law takes effect July 1, 2010, any entity that could be subject to this law should begin assessing whether they are subject to and in compliance with this law.

U.S. Companies Misrepresenting EU Data Protection Directive Safe Harbor Compliance Risk Federal Trade Commission Enforcement Action

U.S. companies that transfer personal data from the European Economic Area (i.e., the 27 Member States of the European Union (EU) and Iceland, Liechtenstein and Norway) (EEA) to the United States, and misrepresent that they have self-certified under the Safe Harbor framework, risk Federal Trade Commission (FTC) enforcement action under Section 5 of the Federal… Read More

Privacy on Your Work Computer?

Can we expect any privacy when it comes to personal emails created at work?  Perhaps a little.  The New Jersey Supreme Court in Stengart v. Loving Care Agency affirmed a lower court opinion last week holding that despite an employer’s corporate computer policies reserving all rights to review employee emails, an employee’s communications with her attorney were protected by… Read More

Social Media Poses Risks To Companies

By Melissa Krasnow. Social media, including Facebook, Twitter, YouTube, etc., is an evolving and growing means of communication. According to some reports, people have been spending more time using social media sites than e-mail since February 2009. See “A World of Connections,” The Economist, Jan. 28, 2010. For companies, social media presents both opportunities and… Read More

Massachusetts Privacy Reg Now Effective

What Is Required and How to Comply Contributed by: Melissa J. Krasnow, Dorsey & Whitney LLP The Massachusetts Office of Consumer Affairs and Business Regulation (“MOCABR”) recently issued the final version of the Massachusetts privacy regulation (Regulation).  This article provides a summary of this Regulation, which applies to each person or entity that owns or… Read More

Data Protection Strategies

Technology poses a special risk to companies whose businesses depend on such valuable competitive data. With just a couple of mouse clicks or through the use of a thumb drive that can be slipped into a pocket, an employee can easily remove from the workplace what amounts to multiple file cabinets worth of documents. Last… Read More

Protecting Personal Data

During the past seven years, 45 states have enacted laws mandating consumer notifications if there is a theft of personal data from the company computers that can be used by thieves to perpetrate identity theft.  The Federal Trade Commission (FTC) has also brought enforcement actions against companies for not properly protecting sensitive personal data.  The… Read More

IntellectualL Property The PRO-IP Act

By Nick Akerman and Lile Deinard In October, the federal government, with strong bipartisan support, reorganized its strategy and expanded the resources available to protect the nation’s intellectual property with the enactment of the Prioritizing Resources and Organization for Intellectual Property Act, known as the PRO-IP Act, 15 U.S.C 8101.  The legislation was formulated in… Read More

Hacking and Trading

In October 2007, Oleksandr Dorozhko, a Ukrainian national operating from Ukraine, “hacked into the computer network of Thomson Financial” and “gained access to IMS Health’s soonto- be-released negative earnings announcement.”  Securities and Exchange Commission v. Dorozhko, No. 07 Civ. 9606, 2008 WL 126612, at *1 (S.D.N.Y. Jan. 8, 2008).  Armed with this nonpublic knowledge of… Read More

Economic Espionage Act

FOR CORPORATE America, the Economic Espionage Act is a double-edged sword.  It can be used to protect a company’s intellectual property by prosecuting dishonest competitors who steal a company’s trade secrets, but it can also be used against a company that finds itself with trade secrets belonging to a competitor. Congress enacted the Economic Espionage… Read More

Post navigation