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Illia Uriadnikov © 123RF.com
California's Consumer Privacy Act: The Public Has Spoken
Last June, the California Consumer Privacy Act – which is considered to be the strictest data privacy law in the United States – was signed into law. Among other things, the CCPA gives Californians the right to know what personal information (PI) is being collected about them, whether their PI is being sold and to whom, the right to access their PI, the right to delete PI collected from them, and the right to opt-out to the sale of their PI. (Read More)
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Navigating the Complex Web of the FMLA
The Family Medical Leave Act (FMLA) is admittedly complex. Still, covered employers are required to strictly comply with its terms. To assist employers as they navigate the intricacies of the FMLA, the U.S. Department of Labor (the “DOL”) recently issued several opinions concerning some difficult and unresolved issues. (Read More)
Rabia Elif Aksoy © 123RF.com
Note to Copyright Owners: Register Your Original Work
Are you in the business of creating, acquiring, owning, publishing, licensing or financing original works entitled to copyright protection, such as books, movies, sound recordings, musical compositions, audio/visual works, software, photos, artwork, or articles? If so, the U.S. Supreme Court’s recent decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com should be of interest. (Read More)
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The DOL Tries Again to Refresh Overtime Salary Thresholds
Following the invalidation of its 2016 rules by a Texas district court, the U. S. Department of Labor released a new proposed rule again looking to raise the salary level required to be eligible for the “white collar” or “EAP” (Executive, Administrative, Professional) exemptions from overtime premium pay under federal law. (Read More)
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Is Your Website ADA Compliant?
Attorneys at Michelman & Robinson, LLP have seen an uptick in claims made on behalf of visually impaired individuals against operators of websites not optimized for screen-reader technology. In fact, several of our clients have been sued or received demand letters from plaintiffs’ attorneys claiming violations of the Americans with Disabilities Act. (Read More)
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Denial of a NotPetya-Related Claim Shakes the Cyber Insurance World
In late June 2017, a cyber worm dubbed “NotPetya" successfully locked up networks across the globe. Infected computers displayed onscreen messages demanding $300 in Bitcoin (digital ransom) in exchange for a decryption key allowing owners to regain access. The scale of the cyber attack was enormous. From the Ukraine to the U.S., banking, oil, electric, shipping and pharmaceutical operations, among many others, were impacted. One of the companies hit by the malware – food giant Mondelez International. The incident reportedly cost it upwards of $100 million to clean up. (Read More)
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Cybersecurity in Health Care: The DHHS Has Spoken
We live in an age of cyber threats and crime, and no industry is immune to data breach. Unfortunately, based on the volume of personal information collected and processed in order to provide health care and insurance benefits, the medical profession is one of those most frequently targeted by cybercriminals. And while the HIPPA (Health Insurance Portability and Accountability Act of 1996) Security Rule requires appropriate safeguards to ensure the confidentiality, integrity and security of individuals’ electronic personal health information, some health care providers struggle to implement and comply with its requirements. The Department of Health and Human Services has partnered with leaders in the health care space to help with that. (Read More)
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New Year's (Cybersecurity) Resolutions
With 2018 now in the rear view mirror, many of us approach the new year looking to reassess and focus on ways to improve ourselves. The same can be said for businesses, which could certainly benefit by bolstering their cybersecurity and data privacy practices. With that said, here are a few cybersecurity tips to focus on in 2019. (Read More)
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Some Things Just Can’t Be Settled Over a Beer
The craft brewing industry is focused on its beer, not the courtroom. Indeed, the culture within the space is one of collaboration and compromise, which is why very few beer makers sue over trademark issues, In many ways, this is what makes the craft brewing space – and its product—so special. But despite the spirit of cooperation within their world, there is a time for craft brewers to throw down and litigate—or, at the very least, to issue cease and desist letters in the wake of trademark violations. The question is, when is a more aggressive stance necessary? (Read More)
Felix Lipov © 123RF.com
A “Reason to Believe” the FTC Is Quite Unhappy
In a complete turnabout, a Northern District Court in Georgia recently reversed itself and dealt a significant blow to the Federal Trade Commission, limiting its capacity to state claims against defendants for consumer fraud. In FTC vs. Hornbeam Special Situations, LLC, the court held that the Commission could no longer seek to punish bad actors based solely on past behavior. Instead, currently existing or threatened violations of the FTC Act must be alleged for the FTC to bring a successful action against any defendant accused of bilking consumers. (Read more)