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Put a Stop to Your Client’s Illegal Recording Activity

Whether it’s to expose an unfaithful fiancé or set the record straight on a public feud, dictophoneself-appointed vigilantes should think twice before recording a private conversation: it’s against the law. Here’s what to tell your sleuthing client about California’s privacy laws.
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Drone Law (or the Lack Thereof)

ThinkstockPhotos-452549881This following is a guest blog post by George M. Moore, PhD, JD, a Scientist-in-Residence at the Middlebury Institute of International Studies at Monterey, California, where his course in Drones and Surveillance considers both the technical and legal aspects of drone use and its impact on privacy issues. Dr. Moore is a member of the California and Colorado state bars.

The crashing of a drone on the White House grounds among other recent incidents have shown that drones may pose direct threats to our security, but perhaps a greater long-term threat of drones is to our privacy. A collision between safety, security, privacy rights, and commercial utility is about to happen, and the legal community needs to be prepared to recognize and address the issues that will surely arise. 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

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

Protecting Privacy During Divorce

privacy_200393443-001Going through a divorce is difficult on many levels. Your client may feel like his or her personal life is laid bare for everyone to see. As an attorney, you can’t protect your client from the emotional exposure involved in divorce, but you can take measures to protect your client’s financial laundry from being publicly aired. Continue reading

Employers: Keep Clear of Social Media Landmines, Part 1

socialmedia_158535558Whether employers like it or not, social networking and social media have found their way into most workplaces. Their appearance has meant many potential landmines for employers to navigate. Luckily, there are several relatively easy steps that every employer can take to decrease potential liability. Continue reading

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