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President Seeks $19 Billion and Creates a Commission to Address Cybersecurity

Jackson Lewis P.C.·

President Barack Obama requested $19 billion in his budget for 2017 to address cybersecurity in the United States, $5 billion more than was budgeted for the current year. Today, he issued an Executive Order that will create a commission within the Department of Commerce to be known as the “Commissio

Intercepting Office Pool Liability – What Do Employers Have to Lose by Permitting Super Bowl Related Gambling?

FordHarrison·

Executive Summary: Super Bowl 50 kicks off this Sunday and promises to be the most wagered-on sporting event of the year. March Madness, Super Bowl, and Fantasy Football pools have become ingrained in the American workplace and seem harmless to many; however, permitting such activities creates a wid

Better Late Than Never: U.S. and EU Regulators Reach Data Privacy Agreement

Goldberg Segalla·

Officials from the United States and European Union have reached a tentative agreement regarding transfers of personal data by European individuals and businesses to the United States. As stated in the agreement, “This new framework will protect the fundamental rights of Europeans where their data i

EU and US Beat the Clock With Their Announcement of the "Privacy Shield" a/k/a Safe Harbor 2.0

Littler·

In a long-awaited and much-anticipated announcement, the U.S. Department of Commerce and the European Commission (the “Commission”) declared on February 2, 2016, that they had struck a deal on a new cross-border data transfer framework.

Safe Harbor Resolution...Not So Fast

Jackson Lewis P.C.·

UPDATE: Although we previously reported that a possible Safe Harbor resolution may be imminent, Bloomberg BNA is now reporting that a European Commission official has told them there may be no deal today to replace the U.S.-EU Safe Harbor Program.

The Zika Virus: Frequently Asked Questions for Employers

Littler·

The Zika virus is receiving significant press coverage, including reports that it may cause birth defects if pregnant women are exposed. Employers may wonder if they have obligations to protect or accommodate employees under state and federal law, including the Occupational Safety and Health (“OSH”)

Gambling in the Workplace is Anything But a Safe Bet

Littler·

So you didn’t win the Powerball jackpot? There are still plenty of opportunities to win big in the next few weeks as Super Bowl L, March Madness, and even the Oscars quickly approach. Many employees will likely be solicited by their fellow co-workers or supervisors to participate in office pools or

10 for 2016 on Data Privacy

Jackson Lewis P.C.·

In honor of Data Privacy Day, we offer the following “Top 10 for 2016,” a list of critical areas in data privacy that businesses should know about. These are intended to help inform businesses about data privacy and security and the steps they can take to protect the information they maintain.

"Cannibal Cop" Decision Deepens Circuit Split On Federal Hacking Statute

Jones Walker LLP·

Prosecutors and employers take notice — one of the most robust, wide-reaching tools against computer fraud and abuse could be blunted. The Second Circuit recently joined the Fourth and Ninth circuits in narrowly interpreting the Computer Fraud and Abuse Act (CFAA) in United States v. Valle, 807 F.3d

FTC Report: With Big Data Can Come Big Responsibility

Littler·

The Federal Trade Commission (“FTC”) issued a report this month entitled, “Big Data: A Tool for Inclusion or Exclusion.”1 The theme of the report is that a company’s use of big data—be it in identifying and providing services to consumers or in the hiring and management of its workforce—may have bot

Employers Again Brace for Winter Storms

FordHarrison·

Executive Summary: With severe winter weather predicted for much of the East Coast and extending as far west as Central Arkansas, employers should be prepared to address the impact of the winter storms on their businesses. Issues employers may need to address include whether closing the office means

Ten Steps For U.S. Multinational Employers Towards Compliance With Europe’s New Data Protection Framework – The General Data Protection Regulation

Littler·

The European Union’s (EU) new data protection framework, known as the General Data Protection Regulation (the “Regulation”), is, at bottom, a response to the astonishing evolution in online commerce.1 As a result, only one of the Regulation’s 91 articles specifically addresses the personal data of e

FINRA Members Subject to New Background Screening Rules

Littler·

Last year, the Financial Industry Regulatory Authority (FINRA), a non-governmental organization that regulates member brokerage firms and exchange markets, approved proposed Rule 3110(e), which enhances the background screening requirements already in place for FINRA-member institutions and register

State of the Union 2016 – What Will the President Focus on in his Final Year in Office?

Littler·

While much of last night's State of the Union Address focused on big-picture issues, President Obama did make some specific employment-related comments during the annual speech to the country. One underlying purpose of this year's SOTU is to lay the groundwork for the next Administration to carry on

FDA Issues Draft Cybersecurity Guidance for Device Manufacturers

Jackson Lewis P.C.·

Last week, the U.S. Food and Drug Administration (FDA) issued draft guidance outlining important steps medical device manufacturers should take to address cybersecurity risks to keep patients safe and better protect the public health. The draft guidance, which details the agency’s recommendations fo

SCOTUS: Offer of Judgment Does Not Moot TCPA Case

Jackson Lewis P.C.·

Today, in a 6-3 decision, the Supreme Court of the United States held in Campbell-Ewald Co. v. Gomez that an unaccepted settlement offer or offer of judgment does not moot a plaintiff’s case. As previously discussed, the Supreme Court granted a petition for a writ of certiorari on May 18, 2015 and h

FTC’s Big Data Report Has Suggestions for the Workplace

Jackson Lewis P.C.·

Earlier this month, the Federal Trade Commission (“FTC”) issued a report discussing “big data.” The report compiles the agency’s learning from recent seminars and research, including a public workshop held on September 15, 2014. Known best for its role as the federal government’s consumer protection

Employers Can Provide Credit Monitoring and Other Identity Protection Services to Employees Tax-Free BEFORE a Breach Happens, IRS Says

Jackson Lewis P.C.·

Earlier this year, we reported that the Internal Revenue Service clarified that it would not consider the value of credit monitoring and other identity protection services provided by employers to employees in connection with a data breach to be taxable income to the employees. IRS Announcement 2015

What's on the Horizon for Employers in 2016?

FordHarrison·

Executive Summary: 2016 is nearly upon us. While federal employment legislation most likely will not be enacted in the upcoming year, employers can expect federal agencies to continue their efforts to implement the Obama Administration's agenda through rule-making and increased compliance activity.

Professional Liability for Employee Misconduct

Goldberg Segalla·

Professionals are often entrusted with access to personal and financial information from their clients. Professionals take great care to ensure that they protect this information from disclosure and that they comply with ethical guidelines regarding proper use of client funds. However, even when pro