Monthly Archives: April 2019

In a Notification of Enforcement Discretion Regarding HIPAA Civil Money Penalties issued on April 23, 2019, the Department of Health and Human Services (HHS) exercised “its discretion in how it applies HHS regulations concerning the assessment of Civil Money Penalties (CMPs) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as such provision was amended by the Health Information Technology for Economic and Clinical Health (HITECH) Act” to reduce the maximum annual fines it will impose for HIPAA violations.… More

Imagine this scenario:  you’ve had a productive and mutually advantageous ongoing contractual relationship of several years with another party.  You have built up quite a bit of trust over the years, and communicate regularly over email.  Your email communications include you receiving invoices and then confirming payment; your email messages might include a note about an upcoming shipment or provision of services, or even a note wishing the family well.… More

In 2018, privacy and data security crossed a number of thresholds. In the public mind, through high-profile data breaches and revelations about unexpected uses of personal information, questions of privacy became much more salient. In the legal and regulatory arena, both the GDPR and the California Consumer Privacy Act became clear catalysts for a global transformation in the coming years of privacy practices. Finally, new technologies suggest that flux and complexity we are currently experiencing will continue,… More

Bloomberg Law interviewed partner Colin Zick as part of a Special Report on how businesses are adjusting to recent data and privacy rules. Zick discusses why companies should be prepared to deal not only with GDPR requirements, but also a patchwork of state laws that may carry compliance requirements as well.

“We’re in the midst of a large public policy debate about what we’re going to do when it comes to data privacy laws,”… More

It has been rough weather for Google in France. Three weeks after the French ‎Data Protection Authority imposed a record fine against Google for non-compliance with the GDPR, the Paris District Court (“Tribunal de Grande Instance”) invalidated 38 clauses of Google’s Privacy Policy and Terms of Use for Google+, the Internet-based social media network owned and operated by Google.  This decision was rendered on February 12,… More

You probably are employed by an organization that has a website privacy policy. I am. That’s because most organizations process personal information through their websites in some way, such as through online forms that ask you to sign up for newsletters or marketing promotions.

What if your organization doesn’t process any personal information through its website? What if you run a B2B startup and just have an informational website that tells the public about what you do,… More

It’s been nearly a year since the GDPR became enforceable. Now that the dust has settled, it is time to look back and see how and by whom these rules have been enforced. Foley Hoag will present a 60-minute webinar on Wednesday, April 24 at 11:00 am EDT that discusses the impact the rules have had on businesses.

In addition to learning the lessons of this past year,… More

On March 22, 2019, Foley Hoag hosted the New England Electricity Restructuring Roundtable, organized by Raab Associates. The roundtable featured keynote addresses by Federal Energy Regulatory Commission (“FERC”) Commissioner Cheryl LaFleur—who recently announced she will be stepping down later this year—and North American Reliability Corporation (“NERC”) CEO and President James Robb. Both took turns addressing the most pressing issues in energy. … More

Data breaches have become an all-consuming topic of late. Stories about data theft dominate political headlines, boardroom discussions and family meetings around the dinner table. They, of course, have also been the subject of government investigations and private litigation.

The current environment is not unlike other moments in the recent past that seem to have captured the attention of Wall Street, K Street and Main Street, including the financial reporting scandals of the early 2000s.… More