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Legislative Alert: Arkansas Amends Personal Information Protection Act Posted on: April 29, 2019 In: Data Privacy & Cybersecurity
On April 15, 2019, Arkansas Governor Asa Hutchinson signed House Bill 1943 into law (now referred to as Act 1030), amending the Personal Information Protection Act, Arkansas Code § 4-110-101 et seq. Act 1030 expands the definition of “personal information” as used in the Personal Information Protection Act and also introduces key new requirements that relate to data breach notification.
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data privacy, arkansas, legislative alert, biometric data
California’s Notice of Change in Relationship Requirements: Four Things Employers Should Know Posted on: April 26, 2019 In: Labor & Employment
Under California law, there are certain requirements related to an employee’s change of relationship with the company. Here are four things every employer with employees in California should know.
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notice requirements, california, employee status, employment law
Patent Litigation Trends in the Wake of TC Heartland Posted on: April 25, 2019 In: Intellectual Property & Technology
In May 2017, the Supreme Court issued TC Heartland v. Kraft Foods Group Brands, a decision that many expected would significantly limit forum shopping in patent cases. Prior to that case, patentees could file infringement lawsuits in any court with personal jurisdiction over the accused infringer, so most corporations were subject to suit in every district court.
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patents, patent litigation, tc heartland, venue, supreme court
Digital Forensic Experts are a Resource for IT Professionals Posted on: April 23, 2019 In: Data Privacy & Cybersecurity
One of the best qualities an information technology (IT) professional can possess is the tenacity to fully troubleshoot and resolve system issues as they occur. Unfortunately, that same drive and sense of urgency to gather relevant facts and to restore inoperable systems as quickly as possible can create issues for the necessary digital forensic investigations following a data security incident.
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digital forensics, it professionals, data security, investigations
A Fair-Minded and Welcoming Workplace for All Posted on: April 22, 2019 In: Labor & Employment
While Title VII of the Civil Rights Act of 1964—the federal law prohibiting discrimination by private employers—does not expressly include sexual orientation or gender identity as protected classes, the Equal Employment Opportunity Commission (EEOC), consistent with U.S. Supreme Court case law, has taken the position that Title VII's prohibition of sex discrimination forbids employment discrimination based on gender identity or sexual orientation, protections which apply regardless of any contrary laws.
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title vii, civil rights, transgender rights, eeoc, supreme court
An Employee’s Rights and Responsibilities to Seek and Obtain COBRA Continuation Coverage Posted on: April 18, 2019 In: Labor & Employment
The prospect of losing one’s employer-sponsored health insurance is a scary proposition. This is a quick guide of your rights and responsibilities to secure continuation coverage if you choose to do so following an event that causes you to lose coverage provided through an employee-sponsored group health plan.
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cobra, employee rights, health coverage
An Important Fact About Informed Written Consent and Conflict Waivers Posted on: April 16, 2019 In: Labor & Employment
If you’ve ever worked with a labor & employment attorney, you may have heard them refer to “written consent” and “conflict waivers.” These terms can be confusing and this post will endeavor to explain what they mean and give suggestions on what you should do when dealing faced with them in your business.
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written consent, conflict waivers, employment law, double representation
Utah Requires Warrant for Law Enforcement Access to Certain Types of Data Posted on: April 12, 2019 In: Data Privacy & Cybersecurity
On March 27, 2019, Utah Governor Gary Herbert signed House Bill (HB) 57 – known as the Electronic Information or Data Privacy Act – into law, making Utah the first state to protect information that individuals have shared with certain third parties. Among its provisions, HB 57 states that, effective May 14, 2019, law enforcement may not generally obtain certain types of “electronic information or data” for use in a criminal investigation or prosecution without first obtaining a search warrant.
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utah, search warrant, electronic information, data privacy act
Virginia & Utah Amend Data Breach Statutes Posted on: April 09, 2019 In: Data Privacy & Cybersecurity
On March 18, 2019, the commonwealth of Virginia enacted House Bill (HB) 2396, amending the commonwealth’s data breach notification statute. Specifically, HB 2396 expanded the commonwealth’s definition of “personal information” sufficient to trigger a notification obligation following a data security incident. Effective July 1, 2019, “personal information” will be defined to include both passport number and military identification number in addition to those data sets that were previously regulated.
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virginia, utah, breach notification, statute, personal information
Improving Your Office365 Security Posture to Stop Phishing at Email’s Shores Posted on: April 03, 2019 In: Data Privacy & Cybersecurity
Phishing attacks and other email compromise schemes are not just an annoyance in the modern workspace. A successful email compromise can allow malicious actors to intrude into an organization’s enterprise email accounts, expose sensitive data contained in users’ inboxes, and give cyber criminals the ability to successfully impersonate an employee to others within and without the organization by using the employee’s own email account.
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phishing, cybersecurity, audit logging, microsoft office 365, multi-factor identification
The Financial Fraud Kill Chain: Combatting Fraudulent Money Transfers Posted on: April 02, 2019 In: Data Privacy & Cybersecurity
Businesses are constantly targeted by criminals attempting to gain access to information that will allow them to fraudulently divert wire transfers. This often occurs after the criminal has conducted sufficient reconnaissance to determine who likely has an occupational role to approve or initiate wire transfers. The employee will then be targeted – often a financial executive like a Chief Financial Officer – and their email account will be compromised. But this can be prevented.
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fraud, wire transfers, fincen, fbi, financial fraud kill chain
‘Not for Eternity’ – Implications From The Supreme Court Reversal of a Deceased Judge’s Ruling Posted on: March 28, 2019 In: Labor & Employment
The law is an ever-evolving and unpredictable thing. As are the courts and their judges – whether dead or alive. The conservative majority on the U.S. Supreme Court typically has no difficulty finding reasons to vacate or reverse a decision from the notoriously liberal Ninth Circuit Court of Appeals.
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supreme court, 9th circuit, equal pay act, sex discrimination