Any company that has a website that (a) contains videos, (b) uses a third-party analytics company to maintain metrics on page views and/or (c) allows users to “like” videos on the site should pay very close attention to the In re Hulu Privacy Litigation pending in the United States District Court of Northern California. In […]
Privacy & Cyber Regulatory Enforcement
LabMD’s Federal Court Actions Against the FTC Dismissed
LabMD is back in the news. This time, however, it’s not the FTC’s administrative action against LabMD that’s making headlines. (For information about the administrative action, please see our prior posts here and here.) Instead, LabMD’s federal court actions against the FTC – one in the United States Court of Appeals for the Eleventh Circuit and […]
OCR Issues New Guidance on the HIPAA Privacy Rule and Sharing of Mental Health Information
Late last week, the HHS Office for Civil Rights (OCR) published guidance designed to help health care providers understand when, consistent with the HIPAA Privacy Rule, they may share information related to a patient’s mental health with others. As we have previously written, HHS seeks to balance a patient’s privacy rights in mental health records […]
FTC Denies LabMD’s Motion to Dismiss
The FTC – in a decision that should surprise no one – refused to dismiss its administrative complaint (“Complaint”) against LabMD. This case – like the FTC’s case against Wyndham Worldwide – illustrates the continuing fight regarding the scope of the FTC’s power for regulate inadequate data security practices. In particular, this decision is important because it […]
Complimentary Seminar – Payment Card Breaches: How to Prepare, How to Survive – March 5, 2014
Please join Alston & Bird, Dell SecureWorks and AIG for a discussion on how to prepare for and respond to payment card breaches. Recent payment card breaches in the retail industry have highlighted the need to fully prepare for similar types of attacks, both in terms of increasing security controls where appropriate and enhancing incident […]