Our colleague Mollie K. O’Brien at Epstein Becker Green wrote an advisory on a new law that will increase the protection of personal information under HIPPA by mandating encryption on all computerized data collected by health insurance carriers: “Beyond HIPAA: New Jersey Law Requires Encryption of Personal Data by Health Insurance Carriers.” Following is an excerpt:
In response to data breaches that have occurred across the United States, several of which involved the theft of laptop computers, beginning August 1, 2015, health insurance carriers in New Jersey will be ...
On January 26, 2015, in an issue of first impression at the appellate level, the United States Court of Appeals for the Fourth Circuit held that a federal catch-all four year statute of limitations applies to whistleblower retaliation claims filed in federal court under Section 806 of the Sarbanes-Oxley Act (SOX), rather than a two-year statute of limitations applicable to cases alleging fraud under the securities laws. In addition, the Fourth Circuit joined the Fifth and Tenth Circuits in holding that emotional distress damages are available to successful ...
While 2014 was certainly a noteworthy year under Title III of the Americans with Disabilities Act (“Title III”), July 26, 2015, will mark the 25th anniversary of the ADA (“25th Anniversary”), an event that will almost certainly be celebrated with significant developments impacting the scope of Title III’s coverage. The U.S. Department of Justice (“DOJ”), charged with regulating Title III, is expected to advance and finalize regulations affecting a variety of industries, including, in some instances, financial services. Additionally, it would be reasonable to ...
In light of the many high profile cyber-attacks on businesses this past year, employers should assess their vulnerability relative to data breaches and take steps to protect themselves from hackers as well as more innocuous business practices that could result in data breaches. Businesses that handle protected health information are regulated under HIPAA to adopt administrative, technical, and physical safeguards to protect the confidentiality of this information. However, various state and federal laws place duties upon employers to protect non-HIPAA-covered sensitive ...
On January 21, 2015 at The Standard, Highline, New York, New York, members of Epstein Becker Green’s Technology, Media & Telecommunications Strategic Industry Group, Stout Risius Ross (SRR), Axial and the New York State Innovation Venture Capital Fund led an informative roundtable discussion regarding “Moving to the Next Level: Valuation & Financing Considerations and Employment Strategies for Start-Ups and Emerging Technology Companies.” This two-part discussion addressed how to take a company to the next level from a financial and valuation perspective, and ...
Our colleague Joshua A. Stein authored Epstein Becker Green’s recent issue of its Take 5 newsletter. In this special edition, Josh focuses on the 25thAnniversary of the ADA and recent developments and future trends under Title III of the ADA.
- Website Accessibility
- Accessible Point-of-Sale Devices and Other Touchscreen Technology
- Movie Theater Captioning & Audio (Narrative) Description
- The Availability of Sign Language Interpreters at Health Care Facilities
- “Drive By” Design/Construction Lawsuits
Prosecutions of employees taking proprietary software with them when they leave financial services firms is on an upswing.
Our colleagues Peter Altieri and James Flynn at Epstein Becker Green address this in their post “Leave the Source Code Behind,” on the Trade Secrets & Noncompete Blog.
Following is an excerpt:
U.S. Attorneys in many jurisdictions are more willingly stepping into the fray between financial services firms and their former employees who have misappropriated trade secret information. In a recently reported case out of the Northern District of Illinois, two ...
Executives from companies with technology components and interests often ask if, and when, meaningful changes will be made to the U.S. immigration laws that apply to high-skilled foreign workers, and in particular, to the much discussed H-1B visa program. While the enactment of such reform is uncertain at the present time, recent developments in the new year suggest that change may be on the way.
Legislators have renewed efforts in this new session of Congress to significantly expand laws for guest-workers in the technology industry against the backdrop of the ...
The common denominator for all start-ups - whether your start-up has $50 or $500 million in its coffers - is its people. As they grow beyond founders, each start-up and emerging technology company will welcome new faces into the organization to deliver on its business plan. Whether they are new partners, employees, freelancers, consultants or otherwise – it is the human capital engine that often dictates the success or failure of an otherwise brilliant idea.
While welcoming like-minded, passionate people into one’s organization can be source of immense pride for founders, it ...
Yesterday, the Supreme Court decided Department of Homeland Security v. MacLean. MacLean was a Transportation Security Administration (TSA) employee who, without authorization, disclosed to a reporter the otherwise unpublicized termination of missions related to hijack prevention. He claimed he was disclosing a matter related to public safety. He was fired pursuant to regulations promulgated under the Homeland Security Act, 116 Stat. 2135. That Act provides that the TSA “shall prescribe regulations prohibiting the disclosure of information . . . if the ...
Yesterday, the Supreme Court decided Department of Homeland Security v. MacLean. MacLean was a Transportation Security Administration (TSA) employee who, without authorization, disclosed to a reporter the otherwise unpublicized termination of missions related to hijack prevention. He claimed he was disclosing a matter related to public safety. He was fired pursuant to regulations promulgated under the Homeland Security Act, 116 Stat. 2135. That Act provides that the TSA “shall prescribe regulations prohibiting the disclosure of information . . . if the ...
Our colleague Joshua A. Stein authored Epstein Becker Green’s recent issue of its Take 5 newsletter. This Take 5 highlights five recent developments and future trends under Title III that places of public accommodation should keep their eyes on in 2015.
- Website Accessibility
- Accessible Point-of-Sale Devices and Other Touchscreen Technology
- Movie Theater Captioning & Audio (Narrative) Description
- The Availability of Sign Language Interpreters at Health Care Facilities
- “Drive By” Design/Construction Lawsuits
Read the full newsletter here.
- H-1B Nonimmigrant Season Opens on April 1, 2015, for Fiscal Year 2016
- President Obama Issues Executive Order on Immigration
- States Sue to Enjoin the Executive Order
- Federal Court in the District of Columbia Allows Worker Challenge to OPT Program
- DOS Issues New J-1 Rules for 2015
- DOS Issues January 2015 Visa Bulletin
- H-1B Nonimmigrant Season Opens on April 1, 2015, for Fiscal Year 2016
- President Obama Issues Executive Order on Immigration
- States Sue to Enjoin the Executive Order
- Federal Court in the District of Columbia Allows Worker Challenge to OPT Program
- DOS Issues New J-1 Rules for 2015
- DOS Issues January 2015 Visa Bulletin
- H-1B Nonimmigrant Season Opens on April 1, 2015, for Fiscal Year 2016
- President Obama Issues Executive Order on Immigration
- States Sue to Enjoin the Executive Order
- Federal Court in the District of Columbia Allows Worker Challenge to OPT Program
- DOS Issues New J-1 Rules for 2015
- DOS Issues January 2015 Visa Bulletin
- H-1B Nonimmigrant Season Opens on April 1, 2015, for Fiscal Year 2016
- President Obama Issues Executive Order on Immigration
- States Sue to Enjoin the Executive Order
- Federal Court in the District of Columbia Allows Worker Challenge to OPT Program
- DOS Issues New J-1 Rules for 2015
- DOS Issues January 2015 Visa Bulletin
Valerie Butera, Member of the Firm in the Labor and Employment practice, will present a complimentary webinar, hosted by Midwest Employers Casualty Company, on January 27 at 11:00 a.m. EST titled "OSHA Forecast: Developments to Watch in 2015 and Beyond."
This webinar will delve into OSHA issues that will impact a wide range of industries in 2015. In addition to a greater focus on enforcements and inspections, changes will occur for recording injuries and illnesses in the OSHA 300 Injury and Illness Recordkeeping log as well as reporting changes of severe injuries or illnesses.
For ...
Yesterday, the California Court of Appeal ruled against The Wet Seal Retail, Inc. in its appeal of the denial of its motion to compel arbitration. The trial court determined that the arbitration agreement at issue impermissibly waived representative actions under the Private Attorney General Act (PAGA). Because the agreement also stated that it was not to be enforced if the waiver provision was found unconscionable, the court denied the motion to compel arbitration. On appeal, the decision was affirmed. This case highlights the current divide between state and ...
On January 11, 2015, a multi-vehicle pile-up took place in west Michigan involving nearly 200 vehicles, including at least one truck carrying fireworks, and another carrying formic acid. The formic acid caused a HAZMAT event and the fireworks exploded in the truck that was carrying them. Many were badly injured in the accident, including two firefighters who responded to the exploding fireworks. Tragically, the driver of another semi-truck was killed.
Winter weather and hazardous driving conditions were significant causal factors in the pile-up. Although OSHA does not have ...
Our colleague August Emil Huelle at Epstein Becker Green has an Employee Benefits Insight Blog post that will be of interest to many of our readers: “Legislation Introduced to Change Full-Time Employee Definition under the Affordable Care Act.”
Following is an excerpt:
On January 7, 2015, U.S. Senators Susan Collins (R-ME) and Joe Donnelly (D–IN) along with Lisa Murkowski (R-AK) and Joe Manchin (D-WV) introduced the Forty Hours is Full Time Act, legislation that would amend the definition of a “full-time employee” under the Affordable Care Act to an employee who works an ...
Our colleague August Emil Huelle at Epstein Becker Green has an Employee Benefits Insight Blog post that will be of interest to many of our readers: “Legislation Introduced to Change Full-Time Employee Definition under the Affordable Care Act.”
Following is an excerpt:
On January 7, 2015, U.S. Senators Susan Collins (R-ME) and Joe Donnelly (D–IN) along with Lisa Murkowski (R-AK) and Joe Manchin (D-WV) introduced the Forty Hours is Full Time Act, legislation that would amend the definition of a “full-time employee” under the Affordable Care Act to an employee who works an ...
Our colleague August Emil Huelle at Epstein Becker Green has an Employee Benefits Insight Blog post that will be of interest to many of our readers: “Legislation Introduced to Change Full-Time Employee Definition under the Affordable Care Act.”
Following is an excerpt:
On January 7, 2015, U.S. Senators Susan Collins (R-ME) and Joe Donnelly (D–IN) along with Lisa Murkowski (R-AK) and Joe Manchin (D-WV) introduced the Forty Hours is Full Time Act, legislation that would amend the definition of a “full-time employee” under the Affordable Care Act to an employee who works an ...
On January 5, 2015, less than one month after the National Labor Relations Board (NLRB) voted to adopt a Final Rule to amend its rules and procedures for representation elections, a lawsuit has been filed in the US District Court for the District of Columbia, asserting that the Board exceeded its authority under the National Labor Relations Act (Act) when it amended its rules for votes on union representation and that the new rule in unconstitutional and violates the First and Fifth Amendments of the US Constitution.
The suit was filed by the Chamber of Commerce of the United ...
On January 5, 2015, less than one month after the National Labor Relations Board (NLRB) voted to adopt a Final Rule to amend its rules and procedures for representation elections, a lawsuit has been filed in the US District Court for the District of Columbia, asserting that the Board exceeded its authority under the National Labor Relations Act (Act) when it amended its rules for votes on union representation and that the new rule in unconstitutional and violates the First and Fifth Amendments of the US Constitution.
The suit was filed by the Chamber of Commerce of the United States ...
Blog Editors
Recent Updates
- Podcast: 2025 Non-Compete Year in Review – Employment Law This Week
- “Fair Chance” Updates: Philadelphia Employers Soon Face New Screening Restrictions
- EEOC Escalates Enforcement Against DEI Policies
- New York City Council to Mayor: Not So Fast!—Overrides Pay Equity Vetoes
- Video: How Litigation Experience Improves Workplace Solutions: One-on-One with Jill Bigler