Home Depot faces $500M class-action lawsuit over data breach Ottawa Citizen An Ottawa man who alleges hackers fraudulently charged $8,000 to his credit card is at the centre of a half-billion-dollar lawsuit against a North … 43% of companies had a data breach in the past year USA TODAY SAN FRANCISCO – A staggering 43% of companies have experienced a data breach in the past year, an annual study on data breach preparedness … APS investigating computer hacking at Grady High School  WXIA-TV APS officials are investigating a computer hacking incident at Grady High School. In a letter to parents, the principal called it a “pattern,” spread over … Israeli hackers ‘scary talented,’ says security expert The Times of Isreal That’s the observation of a man who knows what hacking is all about. Antonio Forzieri. EMEA Cyber Security head for security firm Symantec Chinese Hackers Infiltrate U.S. Military Contractors Bloomberg…       Read More

A South Carolina case recently made national headlines when the S.C. Supreme Court ruled that an employee who was injured in a company kickball game was entitled to workers’ compensation benefits. Stephen Whigham, an employee at a public relations firm, was encouraged by his boss to organize the kickball game as a team-building event. Whigham rented a facility, had T-shirts made, and participated in the game. While trying to avoid being tagged out, he broke two bones in his leg. The S.C. court found Whigham’s injury was work-related because organizing the game had become part of his job duties and his attendance at the game was expected by his employer. Would this type of accident be compensable in Georgia? There is a good chance that it would be. The leading case in Georgia is Pizza Hut v. Hood, 1998 Ga. App. 711 (1990), which was actually a personal injury lawsuit…       Read More

Apple Watch, iPhone 6 Raise Privacy Risks U.S. News & World Report Apple Watch, iPhone 6 Raise Privacy Risks … opening doors, but storing consumer data to make those features possible also raises privacy concerns … Data Security Breach At Albuquerque VA Affects Over 2600 Vets KRWG On July 30, 2014, a folder containing the full name and Social Security number of 2,657 Veterans was discovered by a VA supervisor in a women’s … Health care data of 1 million NJ patients compromised since 2009 The Star Ledger The trove of information lost in the mail included Social Security numbers, payment information and admission dates for Medicaid patients. The data … After Breach, JPMorgan Still Seeks to Determine Extent of Attack New York Times The headache caused by the attack on JPMorgan Chase’s computer network this summer may not go away anytime soon. Over two months, hackers… Digital classroom tools…       Read More

Due to the widespread use of electronic recordkeeping, the Health Insurance Portability and Accountability Act (HIPAA) is of particular importance to dentists and their practices. According to HIPAA, any dentist who conducts certain transactions in electronic form is known as a “covered entity” and is subject to HIPAA’s rules and regulations. Under HIPAA, a covered entity must take precautionary measures to protect electronic patient information. Such patient information is referred to as Protected Health Information, which is individually identifiable health information. For example, an individual’s past, present or future dental condition, the provision of dental care given to that individual, or any other information such as a Social Security number or address that identifies the individual are all protected. In January 2013, US Department of Health and Human Services strengthened and expanded HIPAA, expecting compliance by September 2013. Those amendments impose additional restrictions on the use and disclosure of patient…       Read More

Home Depot confirms security breach following Target data theft Reuters “It doesn’t exactly say a lot of good things about their data security systems if something was able to go on for months and they didn’t notice,” said … Potential data breach at 4 Beef O’Brady’s locations WTSP 10 News … they were able to determine the source was a data breach within the Beef O’Brady’s electronic payment network. Police say one of the four locations … Cyber attack hits San Diego hotel chain U-T San Diego The Bartell’s breach comes on the heels of a potentially massive theft of credit and debit card data from Home Depot, which was confirmed by the giant … Here are some recent data breaches from Apple Pay’s new partners Washington Post (blog) On Tuesday, Apple announced its “wallet killer” product, Apple Pay. The idea is this: Instead of using a wallet and credit…       Read More

Every dentist has inevitably come into contact with the phrase “dental malpractice.” And for practicing professionals, it likely arouses sentiments of fear and anxiety. But what does it mean exactly? Like other medical professionals, dentists are required to exercise care and skill in treating their patients. “Reasonable care and skill” means that care and skill is employed by other dentists under like circumstances and conditions. Generally, this varies from state to state. Dental malpractice occurs when a dentist’s conduct falls below this standard of reasonable care. For example, extracting the wrong teeth, leaving numbness in the mouth, and failing to diagnose gum disease have been found to constitute dental malpractice in certain Georgia cases. The good news is that dentists are presumed to have performed their services with due care, and it is the burden of the Plaintiff to prove otherwise. Dentists are not insurers or warrantors of their services;…       Read More

FBI investigates JPMorgan hack attack USA TODAY Hackers broke into the networks of the banks, where they siphoned data, including account information. Several security firms are conducting digital … Nude photos leak in massive celebrity iCloud hack WTVD-TV The same hacker claims to have obtained and leaked nude photos of … Computer security experts say this is alarming to anyone who uses wireless … White House revamps tech management, Hillary’s not a cloud expert, and more bank hacks … ZDNet Hillary Clinton talks NSA and privacy, data security, tech jobs in San … a US federal search warrant for data residing on Microsoft servers in Ireland. Dairy Queen’s silence on data breach could have ‘corrosive effect’ on consumer perception, crisis … Minneapolis / St. Paul Business Journal On Wednesday, International Dairy Queen issued a statement saying that it may have been subject to a data breach that hit other Twin…       Read More

US companies that conduct business in Brazil, whether a simple export transaction or  something more complex like an acquisition or other investment in a Brazilian entity, should be aware of important recent changes to Brazilian anticorruption law (the Brazil Clean Companies Act, Law 12.846/13, effective January 29, 2014) (hereinafter, “BCCA”) and conform their business practices in order to avoid severe penalties and administrative sanctions.  Further, US companies need to be mindful that any corrupt act they commit in Brazil may not only violate the BCCA, but also may violate US law (i.e., the Foreign Corrupt Practices Act, or “FCPA”) and have consequences at home.  For these reasons, it is more important than ever for US companies that conduct business in Brazil to develop anticorruption programs that ensure compliance with both US and Brazilian law and to incorporate them into their business model. The following are only a few of the…       Read More

People put off estate planning for many reasons, but one of the primary obstacles is often the perceived complexity. If you did your planning prior to the 2013 enactment of the American Taxpayer Relief Act, however, you may need to simplify it. For many years, the most common estate plan for married couples has been one that divides ownership of assets between the spouses and provides that upon the death of the first spouse, his or her assets will go to a trust called a “credit shelter trust.” Without getting too technical, the purpose of this was to take maximum advantage of both spouses’ individual estate tax exemptions. The 2013 Act made some very important changes in this regard. One change was to set each person’s individual exemption at $5.34 million (for 2014), with a provision for annual increases indexed to inflation. This is much higher than exemption amounts in…       Read More

An indemnity contract obligates one party (the indemnitor) to reimburse another party (the indemnitee) for a loss suffered and to save him harmless from liability. Indemnity provisions are frequently found in everything from business contracts to contracts between counties and third-party healthcare providers. An important aspect of a business’s or municipality’s risk management is thoroughly understanding its potential litigation exposure. To this end, prudent businesses and municipalities understand how slight variations in indemnity provisions can adversely affect their litigation exposure and the enforceability of the indemnity provision in future litigation. The Genesis of Indemnity. Generally speaking, an entity’s rights to indemnity rests on one of three bases: (1) an expressed contract; (2) a contract implied-in-fact; or (3) equitable concepts arising from the tort theory of indemnity, often referred to as contract implied-in-law. The right to indemnity that rests on expressed contractual provisions between the two parties is most common. The…       Read More