Compiled by: Richard Sheinis, Esq. Tim Cook Threatened to Pull Uber from App Store Over Privacy CNET  The resulting backlash led the company to hire a third-party data-privacy expert to review its policies and provide recommendations. It wasn’t … Schoolzilla Security Issue Exposes Data for 1.3 Million Students and Staff T.H.E. Journal  Students, parents, teachers, administrators and others using the Schoolzilla data platform were recently informed of a security issue that made … Chipotle Investigating Data Breach WFLA  Popular Mexican food chain Chipotle is warning customers about a data breach. The company says it recently found unauthorized activity … French Presidential Candidate Macron Targeted by Hackers, Cyber Firm Says CNN  (CNN) French presidential candidate Emmanuel Macron’s campaign was targeted in recent weeks by hackers, using methods similar to the hacks in … Erie County Medical Center Restoring Systems After Cyberattack Health Data Management Two weeks after being hit by an…       Read More

Written by: Dale Slemons, Esq.  When an Employee has concurrent employment and it is determined that the concurrent employment is similar, the claimant may be entitled to an increase in average weekly wage and ultimately his workers compensation indemnity benefits based on the combined wages received from both employers. You should be aware of this if you have this scenario presented on one of your claims. Just working for two separate and distinct employers isn’t enough to justify the increase; however, if both employments are found to be similar in character, the increase would be warranted and you must pay the higher rate. This is true even if the second employer isn’t subject to the Workers Compensation Act. The question then becomes, What constitutes similar employment? In Georgia, we generally look to the similarities of the duties of the employee and not the business of the employers. The courts have…       Read More

Compiled by: Richard Sheinis, Esq. InterContinental Data Breach Expands from 12 Hotels to Potentially Thousands ZDNet InterContinental Hotels Group (IHG) has released new information on a data breach which shows the cyberattack’s consequences are far worse than … Holiday Inn Hotels Hit by Card Payment System Hack BBC News The attack hijacked information taken from the payment cards’ magnetic strips as it was being routed through the hotels’ computer servers, said the … Man Pleads Guilty in Cyberattack in Wisconsin WSAW PHOENIX (AP) — An Arizona man has pleaded guilty to a hacking charge in a cyberattack two years ago that interrupted communications equipment … 2015 Neiman Marcus Data Breach More Damaging than First Reported SC Magazine Neiman Marcus is not having a good month as far as public relations are concerned. First, according to a report on Data Breach Today, on April 14 the … New Mexico Governor Signs…       Read More

Compiled by: Richard Sheinis, Esq. FDA, Industry Fear Wave of Medical-Device Hacks The Hill So far, though, there have been no known cases of medical-device hacking … such as the financial sector which is known for its cyber readiness. Teaching Hospitals, Large Facilities More Prone to Data Breaches Becker’s Hospital Review Teaching hospitals and hospitals with a large number of patient beds are more vulnerable to data breaches than other healthcare facilities, according … JCC Bomb Threats Suspect Traded Millions in Bitcoin on Darknet, Probe Reveals … Thursday remanded a 19-year-old Israeli-American hacker from Ashkelon … under aggravated circumstances, falsifying computer records, hacking, … County Computer System Allegedly Hacked LaGrange Daily News LaGRANGE – Law enforcement officials are trying to determine who hacked into the Troup County computer system and is effectively holding it … FAFSA Security Breach May Have Affected 100,000 Taxpayers: IRS First Coast News Hackers may…       Read More

Written by: Bradley R. Coppedge, Esq. Beneficiary designation forms seem easy, right? Fill out the form, send it in. These days it’s often easier still—a few keystrokes online and you’re done. In many cases, you accomplish exactly what you think you want. Unfortunately, these forms and how they are completed can have also have unintended, unanticipated, and unfortunate consequences. These risks are often exacerbated by the ease of making online changes, without having ever consulted with your estate planning attorney or financial adviser. Let’s start with a brief review. When a person dies, either with or without a Will, his or her estate must be administered. If property passes through the estate, it is generally termed “probate property”, and is disposed of in accordance with the terms of the Will if one exists, or otherwise by provisions of state law. If such property instead passes by operation of law or…       Read More

Written by: Sean Cox, Esq. A recent decision from the Federal 4th Circuit Court of Appeals is likely to make it much harder for plaintiffs within its borders bringing lawsuits following a data breach. In Beck v. McDonald1)848 F.3d 262 (4th Cir. 2016)., the 4th Circuit Court of Appeals held that allegations of enhanced risk of future identity theft following a data breach and allegations that affected persons incurred costs to guard against identity theft and monitor their credit information were insufficient to establish standing to bring suit. In two separate instances, a Veteran’s Administration hospital in South Carolina had a laptop containing the unencrypted personal information of approximately 7,400 patients stolen and four boxes of medical records lost. The affected patients were notified and subsequently two affected patients filed putative class actions. The plaintiffs brought claims alleging violations of Privacy Act of 1974, the Administrative Procedure Act, and common-law negligence claims….       Read More

Written by: Sean Cox, Esq. Having a single person responsible for a company’s data privacy and security has long been good business practice, but for many it will soon be a legal requirement. The GDPR requires that organizations under its auspices appoint a Data Protection Officer (“DPO”). These requirements apply to more than just companies located in the EU – the GDPR and the requirement of naming a DPO applies to companies whose data is located or transferred into the EU or which targets EU citizens. According to the GDPR, the role of an organization’s DPO, as laid out in Article 39, is to provide legal guidance for the entity, monitor the company’s GDPR compliance, and coordinate with relevant regulatory authorities. Careful thought should be given to who will fill the DPO position and how its responsibilities should be defined. With potential penalties of up to 4% of a company’s…       Read More

Compiled by: Richard Sheinis, Esq. Trump Signs Repeal of US Broadband Privacy Rules Reuters Republican FCC commissioners have said the Obama rules would unfairly give websites the ability to harvest more data than internet service … Healthcare Data Breach Risk Higher in Larger Facilities Researchers gathered information from HHS on reported data breaches from late 2009 to 2016. There were 257 reported data breaches in that time … North Carolina Data Breaches Expose Internal Documents, Personal Records StateScoop (registration) Security research firm MacKeeper reported Tuesday a statewide data … The online data breach, which left sensitive, internal documents marked “for … 5 Data Breaches Healthcare Providers Will Find Frightening Colorado Springs Gazette You’ve probably read about some truly malicious data breaches. But let’s talk about the genuinely terrifying topic of healthcare data breaches. ‘Serious’ Hack Attacks from China Targeting UK Firms BBC News UK firms have been warned about…       Read More

Written by: Andrea L. Jolliffe, Esq. The U.S. Supreme Court unanimously decided an important special education case on March 22, 2017. In Endrew F. v. Douglas County School District, SCOTUS ruled on how much benefit Individualized Education Programs (IEP) must provide to students.   Many are wondering whether the decision is a game changer for special education.  Andrea L Jolliffe, a partner in the HBS Education Practice Group, has prepared a Q&A to provide guidance on important aspects of the decision to Georgia school districts: What was the issue before the U.S. Supreme Court in Endrew? Endrew F. is a student with autism who attended the Douglas County School District from preschool through fourth grade and had multiple interfering behaviors. The IEP proposed in fifth grade largely carried over the same basic goals and objectives from previous years. The parents removed Endrew from school, enrolled him in a private school…       Read More