4 Things to Know Before Joining a Nonprofit’s Board

ThinkstockPhotos-78291349You’ve been asked to serve on the board of a nonprofit organization. Congratulations—you can render a real service to the community! Attorneys do make great nonprofit directors, but before you sign on, here are four things you should know. Continue reading

Huge Settlement in Massive Data Breach, But Will It Help?

ThinkstockPhotos-496237855Remember the massive data breach incident at Target stores during the holiday season of 2013? It resulted in a huge class action suit that may soon be settled for $10 million. Could this be the cautionary tale to get retailers to take data security more seriously? Continue reading

Pharmacy Liable for Employee’s Illegal Peek at Customer Prescription Records

flirty business man appearing on laptopIn what’s being touted as a national precedent, the Indiana Court of Appeals upheld a $1.4 million trial court verdict for a Walgreens customer whose prescription information was leaked by a pharmacist to a third party. This may be one of the first times a health care provider was found liable under state negligence law for an employee’s failure to follow the federal Health Insurance Portability and Accountability Act (HIPAA)—and serves as a cautionary tale for employers in every state. Continue reading

A Victory for Personal Information Privacy

469048959In a stunning victory for Fourth Amendment rights and personal information privacy generally, the United States Supreme Court in Riley v California has held that police may not search an arrestee’s cell phone without a warrant. This unanimous decision suggests that both the liberal and the conservative wings of the Supreme Court agree that personal information on cell phones (and presumably other mobile devices) is protected under the Fourth Amendment. Continue reading

Medical Privacy: the Final Final Rule

56362913In March, at long last, the US Department of Health and Human Services released a final Omnibus Rule on privacy and security of personal health information. Some have labeled the Rule a “sweeping reform,” but, in fact, it largely just replaces and finalizes prior “interim” final rules and proposed rules. But there are some important changes you should know about. Continue reading

President’s Order: Batten Down the Cyberhatches!

security_163124577On February 12, 2013, President Obama signed a long-expected Executive Order titled “Improving Critical Infrastructure Cybersecurity.” Here’s a look at what it does and what it covers. Continue reading

Everything You Tweet Can Be Held Against You!

Judges throughout the country wrestle with the legal ramifications of evolving new technology, including personal information privacy in the use of social media. A New York criminal court recently put a big hole in any privacy expectation on tweets when it upheld a subpoena duces tecum and required Twitter to provide a defendant’s tweets to the district attorney. Continue reading