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With the stroke of a pen, President Trump nullified the 2013 informal guidance on “Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act” (Guidance) issued by the Consumer Financial Protection Bureau (CFPB or Bureau)—now preferring to be known as the Bureau of Consumer Financial Protection—when he signed into ... Read More »
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The New EU Data Privacy Rule and Its Impact on US Healthcare Organizations
July 17, 2018
The General Data Protection Regulation (“GDPR”) establishes protections for the privacy and security of personal data about individuals in the European Economic Area countries (all European Union member states, Norway, Iceland and Liechtenstein – referred to for purposes of the GDPR as the “EU”). The GDPR became effective on May ... Read More »
Environmental insurance: What to consider before buying
July 13, 2018
Before investing in commercial real estate, parties should be aware of potential environmental liabilities and should carefully consider options for minimizing their exposure to such liabilities. One approach for minimizing environmental liability exposure is to obtain environmental insurance. Although environmental insurance does not eliminate the statutory liability of owners and ... Read More »
Untimely Notice of Controversy or Pre-Hearing Conference Statement? Why Carriers Should Not Give Up Hope on a Disallowance
July 11, 2018
Where a carrier has elected to controvert a claim, the Workers’ Compensation Law in New York sets forth a strict timeframe for filing a denial and initial pleadings. Section 25(2)(b) provides that once a claim has been indexed against an employer, the carrier must file a notice of controversy with ... Read More »
Why Should Nursing Homes Care About Senior-to-Senior Bullying?
July 9, 2018
The word “bully” often brings to mind schoolyard quarrels and adolescent cliques but, unfortunately, bullying has no age limit. While not a new issue, some recent publications have sought to raise public awareness of bullying in nursing homes. As senior-to-senior bullying becomes a more familiar topic, providers’ efforts to prevent ... Read More »
FTC Applies Antitrust Non-Profit Exemption to Physician Organization Affiliate of Non-Profit Hospital
July 6, 2018
Many North Carolina hospital systems have separate business corporations or limited liability companies to house the physician component of their integrated health care delivery systems. Hospitals may take this step for any number of reasons, including protecting the hospital from potential liability, avoiding the need to pay unrelated business income ... Read More »
Is This The End of the End of Life Option Act?
July 4, 2018
A flurry of rulings during the last two weeks of May has generated enormous confusion regarding the status of California’s two-year-old End of Life Option Act (“EOLOA”), the law that allows a terminally ill adult with a six-month prognosis to obtain aid-in-dying drugs from a physician, subject to numerous safeguards. ... Read More »
The different types of agreement on the exchange of personal data
July 3, 2018
Many people think each exchange of personal data requires a processor’s agreement to be entered into. In a previous blog I have already explained that this is not the case. What arrangements must then be put in place? In this blog I will be investigating this issue further. Different forms ... Read More »
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Emerging Contaminants: Property Owners and Licensed Environmental Professionals Take Notice
July 2, 2018
The United States Environmental Protection Agency (USEPA) and individual states are examing per-and polyfluoroalkyl substances (PFAS) in an attempt to establish new cleanup standards, which will affect both ongoing and previously completed cleanups at contaminated sites. In order to communicate these efforts, the USEPA prepared the attached presentation. Owners and ... Read More »
More Technology, More Headaches for Employers
June 29, 2018
Technology is great. I can use my smartphone to change a million TV channels without getting up (of course, there’s still nothing to watch until Game of Thrones returns). Employers, too, are reaping the benefits of technology for the most routine areas of employee and facilities management – including timekeeping ... Read More »
Facebook page administrator also (partly?) responsible for observing privacy law
June 28, 2018
On 5 June 2018, the Court of Justice of the European Union gave an important ruling on the interpretation of privacy law. The reason for the ruling was a question about Facebook pages, but the judgment is actually relevant for all parties who process personal data. In particular the balanced ... Read More »
What Public Agencies Need to Know About GDPR
June 27, 2018
We’ve been getting lots of questions from public agencies about the General Data Protection Regulation—known as GDPR. GDPR is a new European Union privacy law that governs the processing of personal data about people residing in Europe. It just went into effect on May 25. Personal data is anything that ... Read More »
The European Court of Justice (ECJ): An administrator of a Facebook fan page is jointly responsible with Facebook for processing the visitors’ personal data
June 26, 2018
The decision of The ECJ of 5 June 2018 is expected to have far-reaching significance for companies that have a fan page on Facebook (the company’s webpage on Facebook), where the company promotes themselves. The decision statues that companies which administrate a Facebook fan page, potentially can be imposed with ... Read More »
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by: Lund Elmer Sandager
in Data Privacy, Denmark, IP-IT law
Advertisements must state the correct product composition
June 25, 2018
There are many advertisements for consumer products. Not only about price, but also about composition. If the composition of a product is advertised this must be sufficiently precise, so states a recent decision of the Dutch Advertising Code Committee (RCC). Article | 18 June 2018 | Joost Becker The legal ... Read More »
Your Data Was Stolen, But Not Your Identity (Yet)
June 25, 2018
Cyberattack victims can sue data custodians despite not suffering actual identity theft. In determining the plaintiff’s standing, a growing majority of circuit courts now turn to the nature of stolen data to determine whether the victims experience a “substantial risk” of identity theft. The U.S. Court of Appeals for the ... Read More »