Workforce Bulletin

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 ...

By John F. Fullerton III

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 25^thAnniversary of the ADA and recent developments and future trends under Title III of the ADA. 

1. Website Accessibility
2. Accessible Point-of-Sale Devices and Other Touchscreen Technology
3. Movie Theater Captioning & Audio (Narrative) Description
4. The Availability of Sign Language Interpreters at Health Care Facilities
5. “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 ...

By Patrick Lucignani

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 ...

By Stuart Gerson

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 ...