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Courts Becoming More Attuned to Identity Theft Risks Following Data Breaches

For years now, business organizations have had a ready and reliable defense to the customer class-action lawsuits that inevitably follow whenever a new data breach is announced: You can’t sue us because any damage from the breach is purely speculative unless the names, addresses, credit card numbers, etc., that were stolen in the attack have actually been misused for fraudulent purchases or identity theft.  No harm (yet), no foul.

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FCC Chairman Intends to Block Controversial New Privacy Rule

Last Friday, Federal Communications Commission (FCC) Chairman Ajit Pai announced his intent to block a controversial new privacy rule that was adopted under the Obama administration and intended to protect consumer information from disclosure by broadband Internet providers.

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HHS Reaches $475,000 Settlement with Health Care System over Late Data Breach Report

On January 9, 2017, the U.S. Department of Health and Human Services (“HHS”) announced its first enforcement action under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) involving delayed data breach reporting.  HHS settled alleged violations of the HIPAA breach notification rule committed by Presence Health, one of the largest health care networks in Illinois.  The settlement agreement called for Presence Health to pay $475,000 and to adopt a corrective action plan.  This settlement underscores the importance of understanding your organization’s HIPAA policies and procedures, and raises several practical considerations going forward.

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Using a Cloud Service? Now’s the Time to Review Your HIPAA Compliance

Recent guidance issued by the Department of Health and Human Services (“HHS”) clarifies the extent to which cloud service providers are subject to the privacy, security, and breach notification rules under  the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  

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President Obama Signs the Defend Trade Secrets Act of 2016 into Law

On May 11, 2016, President Obama signed into law the Defend Trade Secrets Act of 2016 (DTSA).  Among other things, the DTSA provides immunity to individuals who disclose trade secrets in the course of  a whistleblower retaliation lawsuit, provided the trade secrets are filed under seal, or who disclose trade secrets to the government and/or an attorney solely for the purpose of reporting or investigating a suspected violation of the law.

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This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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