Privacy & Security Matters Mintz Levin : Data Compliance & Security, Employee Privacy Lawyer & Attorney

Monthly Archives: August 2012

Wyndham Motion Puts the FTC on the Defensive

Posted in Data Breach, Federal Trade Commission

Written by Adam Veness Wyndham Hotel & Resorts LLC (“Wyndham”) has filed a Motion to Dismiss the Federal Trade Commission’s (the “FTC”) Complaint against it, which alleges that Wyndham committed unfair and deceptive acts related to three data security breaches that Wyndham has suffered since 2008.  More information about the FTC’s Complaint can be seen… Continue Reading

“Back to School” – Upcoming Cybersecurity Event in Boston

Posted in Data Breach, Data Breach Notification, Data Compliance & Security

It’s that time of year again – and not just the kiddies are headed back to school. We’re co-sponsoring a free cybersecurity event with a panel of experts to discuss risk management and risk transfer in the privacy/security world.   More information, including registration link, is posted here. Watch this blog for announcement of a webinar… Continue Reading

Checked your insurance policies lately?

Posted in Data Breach, Privacy Litigation

Written by Nancy Adams In a ruling that might provide a new path to data breach insurance coverage, DSW Shoe Warehouse, Inc. has prevailed in its attempt to obtain insurance coverage for losses associated with a data breach under a commercial crime policy. The Sixth Circuit Court Appeals, in Retail Ventures, Inc. et al. v…. Continue Reading

Risk assessments are critical to avoid data blackmail

Posted in Data Breach, Data Compliance & Security, Identity Theft

 The article below was posted to the Mintz Health Law & Policy Matters blog, but it contains valuable information for any business regarding steps to take to avoid data blackmail.    Check out the bullet point list below and make sure that your company secures all its sensitive data against threats, both internal and external. Written… Continue Reading

New York Enhances Employee and Consumer Privacy Rights Under its Social Security Number Protection Law

Posted in Uncategorized

Written for the Mintz Employment Matters Blog By Michael S. Arnold Four years ago, New York enacted a Social Security Number Protection Law, N.Y. Gen. Bus. Law, §399-dd, aimed at combating identity theft by requiring employers to better safeguard employee social security numbers in their possession.  (Click here for our summary of the law).  Now,… Continue Reading

Employers Beware: Is EEOC Joining the NLRB to Require that Employers Not Instruct Employees to Maintain the Confidentiality of an Ongoing Investigation of an Employee Complaint?

Posted in Uncategorized

Written by David Barmak Posted in the Mintz Employment Matters Blog Lorene Schaefer, a mediator, arbitrator and workplace investigator, has reported on the One Mediation blog that by a letter of August 3, 2012 the Buffalo, New York office of the EEOC notified an employer that the employer’s written policy warning employees who participate in… Continue Reading

Multi-Million Medicare Fraud and HIPAA Conviction: A Cautionary Tale

Posted in Uncategorized

Written by Kimberly J. Gold  Posted to Health Law & Policy Matters The owner of a Long Island medical supply company was convicted last week on charges of a $10.7 million Medicare fraud and wrongful disclosure of private medical information under the Health Insurance Portability and Accountability Act (HIPAA). (United States v. Michel, E.D.N.Y., No…. Continue Reading

Federal Trade Commission Sends Strong Message with $22.5 Million Google Settlement

Posted in Federal Trade Commission

Written by Amy Malone The FTC has finally released details of their settlement with Google, including the hefty price tag of $22.5 million, the highest fine ever slapped on a violator of an FTC consent order. The Internet giant was charged with breaking the terms of the consent order they entered into last year by misrepresenting… Continue Reading

Cybersecurity Act of 2012 Fails in Senate — ” A moment of disappointment…”

Posted in Uncategorized

CNN reports that the Cybersecurity Act of 2012 (SB 3414) has failed to pass the US Senate.   A cloture vote failed by a vote of 42-46, mostly along party lines. Sens. Joe Lieberman, I-Connecticut, and Susan Collins, R-Maine, introduced the bill. “This is a moment of disappointment that I really cannot conceal,” Lieberman said after… Continue Reading

Data breaches du jour…..

Posted in Data Breach, Data Breach Notification, Identity Theft

Today’s news contains information regarding not one, but two, data breaches, compromising the personal information of a total of nearly 20,000 people. The Washington Business Journal published a report today of a breach at the Environmental Protection Agency which exposed the Social Security numbers and banking information of nearly 8,000 individuals, most current employees of… Continue Reading

Theft of Employee Data from Third-Party Vendor Exposes Employer and Vendor to Privacy Class Action

Posted in Class Action Litigation, Data Breach, Data Breach Notification

Written by Kevin McGinty A recently-filed class action lawsuit asserts claims against the Winn-Dixie supermarket chain and a third-party vendor, Purchasing Power, LLC, in connection with the alleged theft of employee data provided to Purchasing Power in order to administer a discount purchasing program offered to Winn-Dixie employees.  The claims advanced against Winn-Dixie and Purchasing… Continue Reading