On April 23, 2019, a privacy notification by the FBI stated that U.S. businesses are reporting a significantly increased amount of data loss as a result of insider threat actors. Companies should not assume that this warning falls squarely within the domain of their Information Technology or Chief Information Security Departments. The vast majority of data-loss incidents have a human component, so what can HR departments contribute to minimize the “Insider Threat”?
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A Human Resources Challenge – The Insider Threat To Data Assets Posted on: June 10, 2019 In: Labor & Employment
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CCPA’s Final Requirements in Flux, with Six Months to Go to Comply - Part 3 of 3: Trends and Planning – What it All Means Posted on: June 07, 2019 In: Data Privacy & CybersecurityOn June 28, 2018, the state of California enacted and then-Governor Jerry Brown signed the California Consumer Protection Act (CCPA) into law. The CCPA is a robust piece of legislation that substantially expanded the privacy rights of California residents regarding the collection, use, sale, and disclosure of their personal information by certain for-profit businesses that operate or do business in California. The final installment of this three-part series will cover trends and planning.
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Understanding the Medical Loss Ratio Under the ACA: A Guide to Allocating and Distributing the Received Premium Rebate - Part 2 of 2 Posted on: June 06, 2019 In: Labor & EmploymentWhat Constitutes a “Plan Asset” and How Do Employers Allocate and Distribute a Premium Rebate When the Employees’ Contribution to the Group Health Plan is Treated as a Plan Asset? The premium rebate an employer receives from their health insurance provider may be considered a “plan asset.” Under, and subject to, the Employee Retirement Income Security Act (ERISA), if the rebate is considered a “plan asset,” then it must be used within three months of when it is received by the plan sponsor.
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Claims with Precise Numerical Values - A Cautionary Tale Posted on: June 06, 2019 In: Intellectual Property & TechnologyOn March 31, 2019, the Federal Circuit Court of Appeals in Cobalt Boats, LLC v. Brunswick Corporation reversed a finding of infringement and vacated a $7.9 million award (inclusive of $2.5 million in attorneys’ fees) previously granted by the Eastern District of Virginia. Cobalt accused Brunswick of infringing their U.S. Patent No. 8,375,880 (the ‘880 patent) directed to a Retractable Step for Boat Swim Platform, issued February 19, 2013.
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CCPA’s Final Requirements in Flux, with Six Months to Go to Comply - Part 2 of 3: General Observations on Pending Amendments to the CCPA Posted on: June 05, 2019 In: Data Privacy & CybersecurityOn June 28, 2018, the state of California enacted and then-Governor Jerry Brown signed the California Consumer Protection Act (“CCPA”) into law. The CCPA is a robust piece of legislation that substantially expanded the privacy rights of California residents regarding the collection, use, sale, and disclosure of their personal information by certain for-profit businesses that operate or do business in California. Part 2 of this three-part series will look at pending amendments to the CCPA.
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Understanding the Medical Loss Ratio Under the ACA: A Guide to Allocating and Distributing the Received Premium Rebate - Part 1 of 2 Posted on: June 05, 2019 In: Labor & EmploymentWhat Should Employers Know About the “Affordable Care Act” and the Medical Loss Ratio? These days, with readily available access to various political and social media platforms, one may find that the phrase “Affordable Care Act” has evolved into a “buzzword” occasionally used to promote a partisan agenda. Regardless of the current political climate and differences in opinions, most employers should have a general understanding and knowledge of the medical loss ratio under the Affordable Care Act (ACA).
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CCPA’s Final Requirements in Flux, with Six Months to Go to Comply - Part 1 of 3: Where Does the Law Stand Now? Posted on: June 03, 2019 In: Data Privacy & CybersecurityOn June 28, 2018, the state of California enacted and then-Governor Jerry Brown signed the California Consumer Protection Act (CCPA) into law. The CCPA is a robust piece of legislation that substantially expanded the privacy rights of California residents regarding the collection, use, sale, and disclosure of their personal information by certain for-profit businesses that operate or do business in California. Part 1 of this three-part series will examine the current state of the law.
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Privilege Review Presents Unique Challenges In Intellectual Property Cases Posted on: June 03, 2019 In: Intellectual Property & TechnologyIntellectual property (IP) litigation typically requires review and production of large volumes of documents and electronically stored information (ESI). The evolution of ESI has greatly multiplied the number of documents and the coincident broadening of the attorney-client, work product, joint defense, and other privileges has made it much more difficult to identify and remove all privileged documents from production, even after the introduction of rules designed to lessen the burden presented by large ESI
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Legislative Alert: New Jersey Enacts Legislation to Expand Disclosure of Online Data Breaches Posted on: May 31, 2019 In: Data Privacy & CybersecurityOn May 10, 2019, New Jersey enacted Senate Bill 52 (SB 52). This bill, which will take effect on September 1, 2019, will require disclosure of data breaches that impact usernames, email addresses, and/or other account holder identifying information belonging to residents of the Garden State when combined with any password or security questions and answers.
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Does ‘Compensation’ Mean ‘Pay’ Under California Law? Posted on: May 29, 2019 In: Labor & EmploymentOvertime laws vary by states. For instance, overtime under California law is calculated based on the “regular rate of pay.” This includes all forms of remuneration, such as non-discretionary bonuses, piece-rates, commissions, etc. Conversely, with respect to meal and rest periods, California law states that these must be paid at an employee’s “regular rate of compensation.” However, California law does not define what regular rate of compensation means.
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Non-Competition Agreements – Bracing Yourself Against the Winds of Change Posted on: May 23, 2019 In: Labor & EmploymentAs noted in our May 10 client alert, Washington has now joined several other states (Idaho, Utah, Massachusetts, Nevada, Oregon, New Mexico, and Illinois) that have recently amended their non-compete statutes to provide more protections for employees. The Washington statute is instructive for employers because, in addition to a new wage threshold, it contains several of the restrictions or limitations that are trending in proposed legislation across the country.
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Supreme Court Issues Major Ruling on the Ongoing Viability of Trademark Licenses by Bankrupt Entities Posted on: May 20, 2019 In: Intellectual Property & TechnologyAt issue in Mission Product Holding v. Tempnology, LLC, was whether a licensee whose license agreement was "rejected" by the bankrupt debtor licensor was permitted to continue using the trademark that was the subject of the license. The debtor/licensor wanted the licensee to cease ongoing usage of the mark and cited to the bankruptcy law's tool of rejection as the basis for doing so. However, the U.S. Supreme Court rejected the proposition that the licensee had to cease usage.
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Featured Posts
- June 03, 2019 CCPA’s Final Requirements in Flux, with Six Months to Go to Comply - Part 1 of 3: Where Does the Law Stand Now?
- May 23, 2019 Non-Competition Agreements – Bracing Yourself Against the Winds of Change
- May 20, 2019 Supreme Court Issues Major Ruling on the Ongoing Viability of Trademark Licenses by Bankrupt Entities
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