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Joseph J. LazzarottiBlog Posts

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  • Deleting E-mails Can Constitute a “Damage” Under the Computer Fraud and Abuse Act

    What is a company’s recourse when a former employee deletes e-mails and other company electronic information before he leaves? A case from Indiana provides a lesson. When Meridian Financial Advisors began serving as Receiver for bankrupted OCMC, Inc., it took possession of a number of OCMC computers, including one belonging to Joseph A. Pence, OCMC’s President … Continue reading Deleting E-mails Can Constitute a “Damage” Under the Computer Fraud and Abuse Act
    February 13, 2011
  • FTC Issues Guidance Addressing Medical Identity Theft

    Last month, the Federal Trade Commission’s Bureau of Consumer Protection posted FAQs on its website to guide health care providers and health plans when their patients and subscribers are affected by medical identity theft.  When most people hear about an identity theft or a data breach, they typically think about credit card data or Social Security … Continue reading FTC Issues Guidance Addressing Medical Identity Theft
    February 13, 2011
  • Employers Beware: Aggrieved Employee Commits Data Breach Affecting 2400 Individuals

    As employees become more savvy with electronic communications and employers face increasing challenges with controlling vast amounts of data, the circumstances in this recent San Francisco Examiner story are likely being repeated all over the country - employee takes company information to support her wrongful termination case.
    February 10, 2011
  • The Army Embraces Social Media

    Our adversaries are trolling social networks, blogs and forums, trying to find sensitive information they can use about our military goals and objectives. Therefore, it is imperative that all Soldiers and Family members understand the importance of practicing good operations security measures. -Sgt. Maj. of the Army Kenneth O. Preston The above quote is contained … Continue reading The Army Embraces Social Media
    February 6, 2011
  • Data Breach Insurance Growing In Popularity for Health Care Providers, Others

    The demand for "data breach" insurance appears to be growing based on our experiences, as well as commentary such as a recent article by Pamela Lewis Dolan of American Medical News. As we’ve reported, data breach coverage is something quite different than traditional "cyber-risk" coverage which tends to address "hazards such as unauthorized Web site access, online libel, data … Continue reading Data Breach Insurance Growing In Popularity for Health Care Providers, Others
    February 4, 2011
  • Score Tied 2-2 as the Healthcare Challenge Heads to the Legal Superbowl – The Supreme Court

    Federal District Court Judge, Roger Vinson, for the Northern District of Florida, Pensacola Division struck down the Patient Protection and Affordable Care Act (“PPACA”), the Federal health reform law dubbed by its critics as “Obamacare,” on Constitutional grounds yesterday. Judge Vinson agreed with the Attorneys General of 26 states that the mandates of the law … Continue reading Score Tied 2-2 as the Healthcare Challenge Heads to the Legal Superbowl – The Supreme Court
    February 1, 2011
  • Congress Has The Sense It Should Enact A Comprehensive Data Security Law

    "sense of Congress" S.21
    January 30, 2011
  • Access to Personal E-mails Enough for Statutory Damages under Federal Stored Communications Act . . . Even With No Actual Damages

    The Federal district court for the Southern District of New York has ruled that an employee can recover statutory damages under the Stored Communications Act for an employer's improper access to the employee's personal email account even in the absence of actual damages to the employee.
    January 10, 2011
  • Red Flag Program Clarification Act Signed Into Law

    As we reported here, the Senate passed legislation to clarify the application of the "red flag" rules to "creditors."  The law, the Red Flag Program Clarification Act of 2010, made its way through the House and, on December 18, 2010, was signed into law by President Barack Obama. The Act makes clear that the red flag rules apply to a creditor that: … Continue reading Red Flag Program Clarification Act Signed Into Law
    December 23, 2010
  • A New NLRB May Mean New Concerns Regarding Social Media

    The combination of “social media” and the “workplace” raises many traps for the unwary employer: Can we use social media when hiring? Can employees be prohibited from using social media at work? Can we monitor employees use of social media? What are the essential elements of a social media policy? As with many issues involving new … Continue reading A New NLRB May Mean New Concerns Regarding Social Media
    December 23, 2010

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