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Recent developments in US privacy law: HIPAA, COPPA, and more

Baker & McKenzie
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USA
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April 12 2013

Once upon a time, it was fair to say that tackling data privacy issues within an organization was comparable to playing the "whack-a-mole" game at

Maryland federal court refuses to enforce poorly drafted forum selection clause

Baker & McKenzie
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USA
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April 6 2010

In a case that serves as a lesson for drafting forum selection clauses, on 23 February 2010, the US District Court for the District of Maryland determined in Micro Focus, Inc. v. Bell Canada that it could not enforce a forum selection clause that was “nonsensical”

Federal Court determines that Maine Online Marketing Law could infringe constitutional rights

Baker & McKenzie
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USA
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September 28 2009

In the case of Maine Independent Colleges, et al. v. Governor John Baldacci, et al. (1:09-cv-00396-JAW), the plaintiffs brought an action against the State of Maine in order to challenge the constitutionality of Public Law 2009, Chapter 230, (10 MRSA Ch. 1055, Sec. 9551), titled “An Act to Prevent Predatory Marketing Practices Against Minors”

Federal Trade Commission takes first action under US-EU Safe Harbor Privacy Framework

Baker & McKenzie
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USA
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September 28 2009

The Federal Trade Commission (FTC) has taken its first enforcement action pursuant to the US-EU Safe Harbor Privacy Framework (Safe Harbor

Court finds that use of single-factor password identification to secure online accounts may create negligence liability

Baker & McKenzie
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USA
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September 28 2009

On 21 August 2009, in the case of Shames-Yeakel v. Citizens Financial Bank, No. 07 C 5387 (N.D. Ill.), the Northern District of Illinois denied, in part, a bank’s motion for summary judgment regarding its customers’ claims that they were damaged because of the bank’s negligent use of single-factor password authentication for online transactions

Transfer of software license agreement without consent of licensor in connection with a corporate merger infringes licensor’s copyright

Baker & McKenzie
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USA
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November 6 2009

In the case of Concom Systems, Inc. v Novelis Corp., No. 07-4142 (6th Cir. 25 September 2009), the US Court of Appeals for the Sixth Circuit upheld the district court’s order granting summary judgment to Cincom on its claim of copyright infringement arising out of a series of mergers Novelis underwent as part of an internal corporate restructuring that resulted in a prohibited transfer of a software license

Federal Trade Commission delays enforcement of the Identity Theft Red Flag Rule until 1 June 2010

Baker & McKenzie
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USA
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December 9 2009

the request of Members of Congress, the Federal Trade Commission (FTC) has extended the enforcement deadline for the Identity Theft Red Flag Rule until 1 June 2010

HHS and FTC to begin HITECH Act enforcement

Baker & McKenzie
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USA
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March 15 2010

The Health Information Technology for Economic and Clinical Health Act (HITECH Act) made significant changes to the privacy and security rules under the Health Insurance Portability and Accountability Act (HIPAA

Federal Trade Commission chairman signals increased privacy enforcement activity

Baker & McKenzie
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USA
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January 25 2010

Speaking at the first in a series of Federal Trade Commission (FTC) Privacy Roundtables on 7 December 2009, FTC Chairman Jon Leibowitz indicated that prior FTC enforcement efforts on privacy "haven’t worked as well" as the FTC would like

Employee has reasonable expectation of privacy in emails sent on work computer

Baker & McKenzie
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USA
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May 5 2010

The New Jersey (NJ) Supreme Court decided a novel question about the extent to which an employee can expect privacy and confidentiality in personal emails with her attorney, which emails the employee accessed on a computer owned by her employer

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