Recent Publications - Privacy, Data & Cyber Law
March 31, 2020 | |
At a time when medical professionals are overwhelmed by the COVID-19 crisis, Governor Cuomo issued an executive order expanding resources to healthcare workers. The goal is to meet the treatment demands of coronavirus patients, and most significantly, provide health care providers with protection, in most instances, from lawsuits for medical malpractice and other potential liability.
Read MoreMarch 24, 2020 |
On March 22, 2020, the U.S. Department of Justice (DOJ) issued a press release announcing its first action against COVID-19 fraudsters: a civil complaint seeking an injunction ordering the website coronavirusmedicalkit.com to shut down while an investigation into the site’s operators continues.
According to the complaint, filed in the Western District of Texas, “Information published
Read MoreMarch 17, 2020 |
Cyber criminals around the globe have quickly exploited the corona virus pandemic. Over the past several weeks, there has been a dramatic increase in the incidence of phishing emails asking for donations for fake charities or for individuals to share personal information for epidemiological studies.
Reliable sources, such as the World Health Organization, the Center
Read MoreJanuary 28, 2020 |
January 28 is National Data Privacy Day, and with it comes a perfect opportunity to evaluate your company’s data privacy practices.
American consumers increasingly want the right to control the collection and use of their personal information. Importantly, they also want a means to exercise that right when personal information is wrongfully disclosed. A flurry
Read MoreJanuary 16, 2020 |
On January 13, 2020, the United States District Court, Northern District of Georgia issued final approval of a settlement of a consumer class action against Equifax for the 2017 data breach that compromised the personal information of 147 million consumers. The settlement includes the establishment of a reimbursement fund of $380.5 million, as well as
Read MoreJanuary 8, 2020 | |
Hon. Cecelia G. Morris, Chief Judge of United States Bankruptcy Court for the Southern District of New York, put down a momentous decision on January 7, 2020, granting summary judgment in favor of a debtor in an adversary proceeding seeking to have $221,385.49 in student loan debt declared dischargeable in bankruptcy. See, Rosenberg v. N.Y.
Read MoreDecember 17, 2019 |
In 2019, businesses learned that they could no longer hide from the inherent tension between commercial use of individual data and individual privacy interests. Over the past month or so, the Federal Trade Commission (FTC) took a number of notable privacy-related actions against a host of companies regarding what it considered to be their problematic
Read MoreDecember 3, 2019 |
A number of courts recently have considered issues relating to individuals’ privacy, the First Amendment, and the public’s right to know. Here, Jay D. Kenigsberg reviews and examines several notable decisions involving these subjects.
Montana Supreme Court Reverses Order to Release College Student’s Educational Records
The Supreme Court of Montana[1] has reversed a trial court’s
Read MoreOctober 15, 2019 |
While the U.S. government remains unable to enact comprehensive privacy legislation in response to new technologies and growing privacy concerns, numerous states across the country, including New York, have adopted privacy laws and regulations seeking to address specific issues or that are applicable to specified entities. Some of these new rules affect a broad swath
Read MoreOctober 11, 2019 | |
As part of the U.S. Department of Health and Human Services’ “Regulatory Sprint to Coordinated Care,” the U.S. Office of Inspector General (OIG) and the Centers for Medicare and Medicaid Services (CMS) coordinated their efforts in issuing proposed changes to the federal fraud and abuse laws which prohibit certain patient referrals. The changes are intended
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