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Articles by Jean Tomasco
Data Privacy + Cybersecurity Insider - December 2021 #3 | JD Supra
CYBERSECURITY - New Jersey Settles with Cancer Center Over Business Email Compromise - One of the challenging things about HIPAA (Health Insurance Portability and Accountability Act) enforcement is the fact that both the Office for Civil Rights and State AGs have jurisdiction to assess fines and penalties for HIPAA violations. The old double whammy.
If Your Disclosure of a Data Breach Was “Late,” You May Have to Litigate | JD Supra
A professional accounting firm in Illinois received an unwanted holiday “gift” in the form of a class action complaint stemming from its alleged failure to secure personally identifiable information (PII) and to timely notify affected parties of a data breach. On December 17, 2021, a lawsuit was filed against Bansley & Kierner, LLP, which offers payroll and benefit services to businesses, by an employee of one of its clients, seeking damages on behalf of himself and others.
If Your Disclosure of a Data Breach Was “Late,” You May Have to Litigate
December 21, 2021 New Prescription Drug and Health Care Spending Reporting Requirements... by: Hannah R. Demsien and Marian E. Dodson U.S. Government Begins Denying Afghan Applications for Humanitarian... by: Raymond G. Lahoud Uyghur Forced Labor Prevention Act Set to Become Law by: Megan L. Morgan and Lauren A. Hopkins Department of Labor Rescinds Prior Regulation that Dramatically... by: John F. Quill Court Rejects Netflix’s Challenge to Poaching Injunction by: Anthony J Oncidi and Philippe A.
If Your Disclosure of a Data Breach Was “Late,” You May Have to Litigate
A professional accounting firm in Illinois received an unwanted holiday “gift” in the form of a class action complaint stemming from its alleged failure to secure personally identifiable information (PII) and to timely notify affected parties of a data breach. On December 17, 2021, a lawsuit was filed against Bansley & Kierner, LLP, which offers payroll and benefit services to businesses, by an employee of one of its clients, seeking damages on behalf of himself and others.
Data Privacy + Cybersecurity Insider - November 2021 #4 | JD Supra
CYBERSECURITY - CISA + FBI Remind Organizations to “Stay Vigilant” During Holiday Season - The Cybersecurity & Infrastructure Security Agency (CISA) and the FBI issued a joint Alert this week, entitled “Reminder for Critical Infrastructure to Stay Vigilant Against Threats During Holidays and Weekends” outlining “actions that executives, leaders and workers in any organization can take proactively to protect themselves against cyberattacks, including possible ransomware attacks, during the...
District Court Enforces DOL Investigative Subpoena Against Plan Service Provider Concerning Alleged Cybersecurity Breaches | JD Supra
A federal District Court judge in Illinois sided with the U.S. Department of Labor (DOL) in ordering Alight Solutions, LLC, an ERISA plan services provider, to comply with an administrative subpoena seeking documents pertaining to alleged cybersecurity breaches. The Court’s order in the case, Walsh v. Alight Solutions, LLC, Dkt.
District Court Enforces DOL Investigative Subpoena
November 23, 2021 District Court Enforces DOL Investigative Subpoena Against Plan... by: Jean E. Tomasco Potential Coverage Garners Total Defense: “Other Insurance” Provision... by: Michael S. Levine and Matthew J. Revis The IRS Is Mining for Crypto Account Holders by: Philip J. Bezanson and Anne M. Termine DOL Publishes Final Rule Implementing President Biden’s $15 Federal... by: Leslie A. Stout-Tabackman Class Action Settlement Leads USCIS To Expand Employment... by: Tejas Shah and Sarah J.
District Court Enforces DOL Investigative Subpoena Against Plan Service Provider Concerning Alleged Cybersecurity Breaches
A federal District Court judge in Illinois sided with the U.S. Department of Labor (DOL) in ordering Alight Solutions, LLC, an ERISA plan services provider, to comply with an administrative subpoena seeking documents pertaining to alleged cybersecurity breaches. The Court’s order in the case, Walsh v. Alight Solutions, LLC, Dkt.
Reminder: Connecticut Employment Laws Effective - October 2021 | JD Supra
Several employment-related laws become effective October 1, 2021. As that date is upon us, employers may want to review and ensure consistency with these laws by making any applicable changes to their practices, policies, and procedures. Below is a reminder about the laws to be aware of... Please see full Publication below for more information.
Reminder: Connecticut Employment Laws Effective October 1, 2021
Thursday, September 30, 2021 Several employment-related laws become effective October 1, 2021. As that date is upon us, employers may want to review and ensure consistency with these laws by making any applicable changes to their practices, policies, and procedures.
Considerations for Employers Thinking about COVID-19 Vaccine Mandates | JD Supra
Since the beginning of the COVID-19 pandemic, employers have dealt with many challenges related to ensuring a safe and healthy workplace for their employees. With the persistence of the highly transmissible Delta and Delta Plus variants, the rise in the number of positive tests and cases, and the potential impact of other variants, employers are wondering whether to delay the return of employees still working remotely and what safety measures should be implemented for those in the workplace.
Data Privacy + Cybersecurity Insider - August 2021 #2 | JD Supra
CYBERSECURITY - Cryptoheister(s) Return Stolen Booty - Cryptocurrency platform Poly Network, which allows users to swap different types of digital tokens, was the victim of a cryptoheist that resulted in the thief (allegedly just one hacker) to swipe over $600 million of currency. The incident has been dubbed the largest theft of cryptocurrency to date. Please see full Publication below for more information.
Fertility Clinic That Sent Sensitive Email to a Patient’s Work Group Faces Lawsuit | JD Supra
A fertility clinic in California cannot escape a lawsuit brought by a patient after the clinic sent private information to the individual’s entire work team. The clinic, Lane Fertility Institute for Education and Research (Lane), emailed a client regarding an embryo transfer procedure she had undergone the prior year, seeking information about her resulting pregnancy.
Fertility Clinic That Sent Sensitive Email to a Patient’s Work Group Faces Lawsuit
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Department of Labor Focuses on Cybersecurity for Benefit Plans | JD Supra
ERISA-covered plans hold millions of dollars or more in assets and maintain a large amount of personal data on participants, therefore, such plans can be tempting targets for cyber-criminals. Recognizing this, the Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor issued its first-ever cybersecurity guidance concerning employee benefit plans this spring.
Data Privacy + Cybersecurity Insider - August 2021 | JD Supra
CYBERSECURITY - Extortion Doesn’t Work for EA Sports Hackers - According to The Record, Electronic Arts Sports (EA) was the victim of a cyber hacking in June, when hackers posted on an underground hacking forum that they were in possession of EA data seeking a sale price of $28 million.
Department of Labor Focuses on Cybersecurity for Benefit Plans
Saturday, August 7, 2021 ERISA-covered plans hold millions of dollars or more in assets and maintain a large amount of personal data on participants, therefore, such plans can be tempting targets for cyber-criminals. Recognizing this, the Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor issued its first-ever cybersecurity guidance concerning employee benefit plans this spring.
Department of Labor Focuses on Cybersecurity for Benefit Plans
ERISA-covered plans hold millions of dollars or more in assets and maintain a large amount of personal data on participants, therefore, such plans can be tempting targets for cyber-criminals. Recognizing this, the Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor issued its first-ever cybersecurity guidance concerning employee benefit plans this spring.
OCR Cybersecurity Newsletter Focuses on Controlling Access to ePHI
Monday, August 2, 2021 The Office of Civil Rights (OCR) of the U.S. Department of Health & Human Services recently issued its Summer 2021 Cybersecurity Newsletter, which focuses on controlling access to electronic PHI (ePHI) and the HIPAA Security Rule standards. Citing to a recent report of security incidents and data breaches in the healthcare sector, OCR noted that 61 percent of analyzed data breaches were perpetrated by external threat actors and 39 percent by insiders.
CMS Reinstates Per-day Fines for Noncompliance in Long-term Care
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
2021 Labor and Employment-Related Legislation from the Connecticut General Assembly | JD Supra
The 2021 Connecticut legislative session began January 6, 2021, and ended June 9, 2021. The legislature also held a special session from June 15-17, 2021. Several pieces of legislation were passed by both the House and Senate and signed by Governor Ned Lamont. Others are awaiting the Governor’s signature. Employers should be aware of the following new labor and employment-related legislation. Please see full Publication below for more information.
Status of Noncompete Agreements in 2021: Consider Alternatives to Protect Your Business Interests | JD Supra
Post-employment restrictions, including noncompete agreements, have become an increasingly popular tool for protecting business investments; confidential information; client, customer and employee relationships; and goodwill. At the same time, legislators increasingly have focused their attention on limiting an employer’s ability to impose such restrictions, as has the new Biden administration. Please see full Publication below for more information.
Data Privacy + Cybersecurity Insider - March 2021 #2 | JD Supra
CYBERSECURITY - Microsoft Releases Additional Resources for Exchange Flaws and CISA Issues Alert - As we alerted our readers last week, Microsoft announced that its Exchange email servers have been compromised, which is estimated to affect at least 30,000 companies based in the United States. It is reported that the hackers installed web shells (and sometimes multiple web shells) into Microsoft’s customers’ email servers, giving the hackers back doors into the victims’ email content.
Data Privacy + Cybersecurity Insider - March 2021 | JD Supra
CYBERSECURITY - Microsoft Releases Additional Resources for Exchange Flaws and CISA Issues Alert - As we alerted our readers last week, Microsoft announced that its Exchange email servers have been compromised, which is estimated to affect at least 30,000 companies based in the United States. It is reported that the hackers installed web shells (and sometimes multiple web shells) into Microsoft’s customers’ email servers, giving the hackers back doors into the victims’ email content.
Federal Court Finds the California Consumer Privacy Act (CCPA) Does Not Apply Retroactively, Dismissing Claims Against Walmart Stemming from an Alleged Data Breach | Robinson+Cole Data Privacy + Security Insider - JDSupra
A federal District Court in California recently dismissed a lawsuit against Walmart that arose from an alleged data breach. (Gardiner v. Walmart, Inc., 20-cv-04618-JSW (N.D. Cal., March 5, 2021). Among other things, the court determined that California’s Consumer Privacy Act (CCPA) does not apply retroactively, dismissing the CCPA claim because the plaintiff had not specified the date of the alleged breach.
Federal Court Finds the California Consumer Privacy Act (CCPA) Does Not Apply Retroactively, Dismissing Claims Against Walmart Stemming from an Alleged Data Breach
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Federal Court Finds the California Consumer Privacy Act (CCPA) Does Not Apply Retroactively, Dismissing Claims Against Walmart Stemming from an Alleged Data Breach
A federal District Court in California recently dismissed a lawsuit against Walmart that arose from an alleged data breach. (Gardiner v. Walmart, Inc., 20-cv-04618-JSW (N.D. Cal., March 5, 2021). Among other things, the court determined that California’s Consumer Privacy Act (CCPA) does not apply retroactively, dismissing the CCPA claim because the plaintiff had not specified the date of the alleged breach.
New EBSA Relief Notice Affects Extension of ERISA Claim Deadlines | JD Supra
On February 26, 2021, the Employee Benefits Security Administration (EBSA) released Notice 2021- 01 (2021 Relief Notice) providing guidance to employers, claim administrators and fiduciaries of ERISA plans on the duration of the COVID-19-related relief set forth in a 2020 Notice that suspended, among other things, certain ERISA (Employee Retirement Income Security Act) claim-related deadlines (referred to herein as ERISA Relief). Please see full Publication below for more information.
New EBSA Relief Notice Affects Extension of ERISA Claim Deadlines
On February 26, 2021, the Employee Benefits Security Administration (EBSA) released Notice 2021-01 (2021 Relief Notice) providing guidance to employers, claim administrators and fiduciaries of ERISA plans on the duration of the COVID-19-related relief set forth in a 2020 Notice that suspended, among other things, certain ERISA (Employee Retirement Income Security Act) claim-related deadlines (referred to herein as ERISA Relief).
HHS Proposes Modifications to the HIPAA Privacy Rule to Enhance Care Coordination and Management and Remove Barriers to Accessing Information | JD Supra
On December 10, 2020, the U.S. Department of Health and Human Services (HHS) announced proposed changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, which is one of several rules that protect the privacy and security of individuals’ medical records and other protected health information (PHI).
When COBRA Meets COVID-19: Concerns for Plan Administrators and TPAs
Below is an excerpt of an article that has been published in the ERISA Report, the semi-annual newsletter issued by the Defense Research Institute (DRI) Life, Health and Disability/ERISA Committee. What happens when COBRA meets COVID-19?
CDC Develops Guidelines for a Happy Holiday Season: What Employers Need to Know | JD Supra
As the holiday season approaches and COVID-19 cases surge, many employers are concerned about the spread of COVID-19 in their workplaces. Most employees are suffering from fatigue, burnout, isolation, and loneliness from COVID-19 and will likely seek to reconnect with friends and family during the upcoming holiday season by attending gatherings, shopping, traveling, and other activities that increase the risk of exposure to COVID-19.
Data Privacy + Cybersecurity Insider - October 2020 | JD Supra
CYBERSECURITY - OFAC Issues Advisory on Sanctions for Facilitating Ransomware Payments - On October 1, 2020, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued an advisory “to highlight the sanctions risks associated with ransomware payments related to malicious cyber-enabled activities.” Please see full Publication below for more information.
HIPAA Business Associate Pays $2.3 Million Settlement After Hackers Target PHI of Over 6 Million Individuals | JD Supra
Health care providers and contractors continue to be a popular target for hackers. Recently, CHSPSC LLC (CHSPSC), which provides various services to hospitals and clinics indirectly owned by Community Health Systems, Inc. of Tennessee, agreed to pay $2,300,000 to the Office for Civil Rights (OCR) in settlement of potential violations of HIPAA’s Privacy and Security Rules. The OCR investigation and settlement stemmed from a data breach affecting over six million people.
HIPAA Business Associate Pays $2.3 Million Settlement After Hackers Target PHI of Over 6 Million Individuals
Legal Disclaimer You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
New FMLA Model Notices and Forms Issued by the U.S. DOL Reflect Significant Changes | JD Supra
The U.S. Department of Labor (DOL) recently issued new model notices and certification forms (FMLA forms), which can be used by employers to administer the federal Family and Medical Leave Act (FMLA) and fulfill the FMLA notice obligations. These forms are not mandatory and employers may choose to use their own forms or prior versions of these forms.
Data Privacy + Cybersecurity Insider - June 2020 #3 | JD Supra
Cyber-Attacks Against Maritime Industry Quadrupled in Last Few Months - A recent report released by the British Ports Association and Astaara, a risk management firm based in the U.K., concludes that since February of 2020, the maritime industry has seen a dramatic increase in cyberattacks. The number of attacks has quadrupled as companies struggle with COVID-19 and remote work forces. Please see full Publication below for more information.
Data Privacy + Cybersecurity Insider - June 2020 #2 | JD Supra
Cyber-Attacks Against Maritime Industry Quadrupled in Last Few Months - A recent report released by the British Ports Association and Astaara, a risk management firm based in the U.K., concludes that since February of 2020, the maritime industry has seen a dramatic increase in cyberattacks. The number of attacks has quad. Please see full Publication below for more information.
AGs Express Concerns About Contact Tracing Apps and Protection of Consumer Personal Information | JD Supra
As many states continue to reopen businesses and permit more gatherings, public health officials are looking to contact tracing as a key strategy for preventing further spread of COVID-19. In contact tracing, public health staff work with patients who have suspected or confirmed COVID-19 infection to help them recall everyone with whom they had close contact during the time frame while they may have been infectious.
AGs Express Concerns About Contact Tracing Apps and Protection of Consumer Personal Information
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Data Privacy + Cybersecurity Insider - May 2020 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
OCR Issues Guidance About Media Access to Health Care Facilities | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
OCR Issues Guidance About Media Access to Health Care Facilities
Thursday, May 7, 2020 These days, news stations are frequently running stories concerning people being treated for COVID-19, the providers working tirelessly to care for them, and politicians visiting health care facilities for a first-hand look at the crisis.
OCR Issues Guidance About Media Access to Health Care Facilities
These days, news stations are frequently running stories concerning people being treated for COVID-19, the providers working tirelessly to care for them, and politicians visiting health care facilities for a first-hand look at the crisis.
OCR Issues Guidance About Media Access to Health Care Facilities
These days, news stations are frequently running stories concerning people being treated for COVID-19, the providers working tirelessly to care for them, and politicians visiting health care facilities for a first-hand look at the crisis.
Data Privacy + Cybersecurity Insider - February 2020 #3 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Over 30 Data Breach Incidents in Health Care Reported to HHS Thus Far in 2020, Affecting Over 1 Million Individuals | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Over 30 Data Breach Incidents in Health Care Reported to HHS Thus Far in 2020, Affecting Over 1 Million Individuals
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Over 30 Data Breach Incidents in Health Care Reported to HHS Thus Far in 2020, Affecting Over 1 Million Individuals
Health care organizations continue to be a popular target for hackers. According to information from the U.S. Department of Health & Human Services (HHS), over 30 reports of data breaches have been filed by health care entities in the first month and a half of 2020. Although a few reported breaches involved theft or improper disposal of information, the majority of the reported breaches involved hacking/IT incidents and unauthorized access or disclosure.
Data Privacy + Cybersecurity Insider - January 2020 #3 | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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