A recent decision by the U.S. Court of Appeals for the Sixth Circuit (the “Sixth Circuit”) may make it easier for plaintiffs to bring costly lawsuits against companies that allow sensitive data to fall into the wrong hands. Most troubling from a company's perspective, the Sixth Circuit used language that some states legally require in data breach notification letters to justify allowing the case to move forward. Read more about this case here.
It sounds like something out of a Hollywood screenplay: foreign hackers, possibly from Russia, induce an unsuspecting employee of a major utility company to click on an email attachment that is infected with malware, enabling the hackers to cripple the utility’s computer systems unless a ransom is paid. Unfortunately, this story is fact, not fiction. Read More ›
Thanks to the new Oliver Stone movie now in theaters, Edward Snowden has been back in the news lately. Disillusioned and alarmed by the virtual mountain of data that was being assembled by the federal government to track all forms of digital communication, Snowden became a hero to some, and traitor to others, after he leaked information about the government’s secret tracking systems to the press. Read More ›
Do you have a script for the next great movie? If you are unsure of the next steps to take, attorney John Mashni can help get you on the right track. Read More ›
Categories: Venture Capital/Funding
Organizations within the entertainment industry have a unique set of legal considerations. To better understand these considerations, Attorney John Mashni is presenting an introductory and advanced level course on the "Legal Aspects of a Feature Film," and a course on "The Law of Music" to the NALA Paralegal Association at their annual conference and expo. The NALA annual conference is taking place in Las Vegas July 13 through July 15. Read More ›
Employers Should Audit and Update Employment-Related Policies and Agreements in Light of New “Defend Trade Secrets Act”
President Obama recently signed the Defend Trade Secrets Act (the “Act”) into law. The Act creates a new cause of action - which became effective immediately - for trade secret misappropriation.
Prior to the Act, civil claims for trade secret misappropriation were primarily governed by state law. The Act creates federal jurisdiction for claims brought under the Act, which provides plaintiffs with the option to sue in federal court. Read More ›
On June 21, 2016, the Federal Aviation Administration (“FAA”) released its much-awaited operational rules for drones. We have been tracking these rules for the last year. The biggest change from the proposed rules to final rules is that the final rules eliminate the need for commercial drone operators to obtain a manned aircraft pilot's license. Instead, drone operators will have to pass a knowledge test for unmanned aircraft. The test will be administered at FAA approved testing centers nationwide. Read More ›
When it comes to copyrights, there are several common mistakes small businesses can make. If you are putting together marketing materials or a website and you download a photo online, often times that photo is protected by a copyright and is owned by someone else. This could lead to copyright infringement. Learn about a few other common copyright mistakes in the video below.
Filming for TV Show Results in HIPAA Violation and $2.2 Million Settlement Paid by New York Presbyterian Hospital
It’s not uncommon for “covered entities” such as hospitals and health systems to violate the Privacy Rule under the Health Insurance Portability and Protection Act of 1996 (“HIPAA”). A stolen laptop or misplaced file can expose information that should be protected. Rarely, however, does a violation arise from the filming of a television show. But that’s exactly what happened in the case of New York Presbyterian Hospital (“NYP”), which recently entered into a settlement with the Department of Health and Human Services, Office for Civil Rights (“OCR”) for $2.2 million. Read More ›
The misclassification of employees as independent contractors is a common and serious issue affecting employers and workers in the technology sector. We recently touched on the legal challenges facing “on demand” technology companies such as Uber and Lyft due to their classification of drivers as independent contractors.
But employee vs. independent contractor is not the only classification issue that technology companies and investors must grapple with. As reported by the Wall Street Journal, a Silicon Valley venture capital firm, Fenox Venture Capital, recently agreed to pay $331,269 in back wages after the U.S. Department of Labor (“DOL”) found the company misclassified 56 workers as unpaid interns. Read More ›