This edition of Employment Flash looks at developments in labor and employment law, including a Supreme Court ruling that Title VII’s charge-filing requirement is nonjurisdictional and new state legislation in New York,...more
8/1/2019
/ ABC Test ,
Affirmative Defenses ,
Amended Complaints ,
Charge-Filing Preconditions ,
Civil Rights Act ,
De Minimis Claims ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Faragher/Ellerth defense ,
Federal Arbitration Act ,
Forfeiture ,
Fort Bend County Texas v Davis ,
France ,
Gender Discrimination ,
Gender Violence Acts ,
International Labor Laws ,
Jurisdictional Requirements ,
Mandatory Arbitration ,
Non-Compete Agreements ,
NYHRL ,
Off-The-Clock ,
Pay Gap ,
Recordkeeping Requirements ,
Sarbanes-Oxley ,
State Labor Laws ,
Title VII ,
Transparency ,
Wage and Hour ,
Whistleblowers ,
Work Schedules ,
Workplace Safety
In this issue of UK Employment Flash, we examine the latest employment law developments, news and insights from the UK, including Brexit and its impact on workers' rights and data protection, new tax rules as they relate to...more
5/14/2019
/ Diversity ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
EU ,
General Data Protection Regulation (GDPR) ,
Income Taxes ,
Independent Contractors ,
International Labor Laws ,
Non-Disclosure Agreement ,
Recruitment Policies ,
UK ,
UK Brexit
In this month's Privacy & Cybersecurity Update, we examine several recent U.K.-related cybersecurity developments and the SEC's risk alert reminding investment advisers and broker-dealers to follow through on implementing...more
5/1/2019
/ Broker-Dealer ,
Canada ,
Commercial General Liability Policies ,
Cyber Insurance ,
Cyber Policies ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data-Sharing ,
Denial of Insurance Coverage ,
Designated Contract Markets (DCMs) ,
ENISA ,
Equifax ,
EU ,
Fines ,
General Data Protection Regulation (GDPR) ,
Government Investigations ,
Hackers ,
Investment Adviser ,
NCSC ,
OCIE ,
PIPEDA ,
Popular ,
Privacy Comissioners ,
Privacy Laws ,
Privacy Policy ,
Putative Class Actions ,
Regulation S-P ,
Risk Alert ,
Securities and Exchange Commission (SEC) ,
Surveys ,
TCPA ,
UK ,
UK Data Protection Act ,
UK ICO ,
Unsolicited Faxes
In this month's edition, we examine cybersecurity-related state Supreme Court rulings in Pennsylvania, Vermont and Illinois; the Department of Health and Human Services' cybersecurity guidelines for the health care industry;...more
2/2/2019
/ Actual Injuries ,
Adequacy Requirement ,
Annual Reports ,
Attorney General ,
Biometric Information Privacy Act ,
California Consumer Privacy Act (CCPA) ,
Common Law Claims ,
Corporate Counsel ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection Acts ,
Data Protection Authority ,
Denial of Insurance Coverage ,
Department of Health and Human Services (HHS) ,
Employee Privacy Rights ,
EU ,
EU-US Privacy Shield ,
IL Supreme Court ,
Japan ,
Neiman Marcus ,
New Guidance ,
PA Supreme Court ,
Phishing Scams ,
Policy Exclusions ,
Public Hearing ,
Security Standards ,
Settlement ,
State Attorneys General ,
Statutory Rights ,
VT Supreme Court
In this month's edition of our Privacy & Cybersecurity Update, we examine the European Commission's second annual review of the Privacy Shield and the Department of Commerce's guidance on how to comply with the Privacy Shield...more
1/4/2019
/ Artificial Intelligence ,
Banking Sector ,
Cybersecurity ,
Data Protection ,
Data Protection Commissioner ,
Ethics ,
EU ,
EU-US Privacy Shield ,
European Central Bank ,
European Commission ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
General Data Protection Regulation (GDPR) ,
Human Rights ,
Identity Theft ,
Payment Systems ,
Popular ,
Privacy Policy ,
Proposed Amendments ,
Public Comment ,
Security Risk Assessments ,
U.S. Commerce Department ,
UK Brexit
In this month's edition of our Privacy & Cybersecurity Update, we examine a declaration on ethical considerations for artificial intelligence, the annual joint review of the Privacy Shield, a new lawsuit from a snack food...more
12/5/2018
/ Administrative Review ,
Artificial Intelligence ,
Banks ,
Cyber Attacks ,
Cyber Lexicon ,
Cybersecurity ,
Data Protection ,
Data Protection Officers (DPOs) ,
Denial of Insurance Coverage ,
EDPS ,
Ethics ,
EU ,
EU-US Privacy Shield ,
European Economic Area (EEA) ,
Financial Institutions ,
Financial Stability Board ,
FSB ,
General Data Protection Regulation (GDPR) ,
Human Rights ,
Insurance Litigation ,
Malware ,
Personal Data ,
Policy Exclusions ,
Popular ,
Privacy Concerns ,
Privacy Laws ,
Property Insurance ,
Ransomware ,
Secretary of Commerce
In this month's edition of our Privacy & Cybersecurity Update, we examine Brazil's new data protection regulation, the French data protection authority's warning to two companies of potential GDPR violations and the U.S....more
9/7/2018
/ Appeals ,
Brazil ,
Breach Notification Rule ,
CNIL ,
Computer Fraud Insurance ,
Consent ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Protection Acts ,
Data Protection Authority ,
Data Protection Officers (DPOs) ,
Data Retention ,
Denial of Insurance Coverage ,
Department of Homeland Security (DHS) ,
Email ,
Enforcement Actions ,
EU ,
European Commission ,
European Economic Area (EEA) ,
Extraterritoriality Rules ,
France ,
Fraudulent Transfers ,
General Data Protection Regulation (GDPR) ,
Geological Data ,
International Data Transfers ,
Japan ,
Japan-EU Economic Partnership Agreement (EPA) ,
NCCIC ,
Personal Data ,
Policy Terms ,
Popular ,
Public Private Partnerships (P3s) ,
Reciprocity Rules ,
Reversal ,
Scams ,
Social Engineering ,
Spoofing ,
Standard Contractual Clauses ,
Warning Letters ,
Wire Fraud
This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more
5/2/2018
/ Anti-Retaliation Provisions ,
Car Dealerships ,
Classification ,
Confidentiality Agreements ,
Criminal Prosecution ,
Data Controller ,
Data Protection ,
Delivery Drivers ,
Department of Justice (DOJ) ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Employee Privacy Rights ,
Equal Pay Act ,
EU ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Trade Commission (FTC) ,
Gender-Based Pay Discrimination ,
Governor Cuomo ,
Hiring & Firing ,
Human Resources Professionals ,
Independent Contractors ,
Internal Reporting ,
Joint Employers ,
Labor Law Violations ,
Navarro v Encino Motorcars ,
New Legislation ,
NLRA ,
NLRB ,
No-Poaching ,
Non-Disclosure Agreement ,
Non-Exempt Employees ,
Non-Solicitation Agreements ,
Over-Time ,
Payroll Audit Independent Determination program (PAID) ,
Payroll Taxes ,
Personally Identifiable Information ,
Salary/Wage History ,
Salespersons ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Service Advisors ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Split of Authority ,
State Labor Laws ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Technology Sector ,
Title VII ,
Voluntary Self-Audit ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
In this month's edition of our Privacy & Cybersecurity Update, we examine new privacy laws in Germany, an FTC settlement with an alleged consumer loan company over unfair and deceptive practices, the dismissal of a data...more
8/2/2017
/ Children's Toys ,
Civil Monetary Penalty ,
Consumer Financial Products ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Protection ,
Dismissals ,
EU ,
Federal Trade Commission (FTC) ,
General Data Protection Regulation (GDPR) ,
Germany ,
Incident Response Plans ,
Lenders ,
Member State ,
Popular ,
Privacy Laws ,
Risk Mitigation ,
Settlement ,
Standing ,
Unfair or Deceptive Trade Practices
In this edition of our Privacy & Cybersecurity Update, we take a look at the FCC's new rules for broadband privacy, the FTC's new playbook for data breach response and notification, the NHTSA's voluntary guidance for...more
11/2/2016
/ Actual Injuries ,
Automotive Industry ,
Breach Notification Rule ,
Broadband ,
Cloud Computing ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Breach Plans ,
Driverless Cars ,
EU ,
FCC ,
Federal Bank Regulatory Agencies ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
FTC Guidelines ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incident Response Plans ,
IP Addresses ,
National Broadband Plan ,
NHTSA ,
Popular ,
Privacy Laws ,
Risk Assessment ,
Risk Mitigation
Spotlight on Whistleblower Protections -
On October 24, 2016, the Securities and Exchange Commission (SEC) issued a “risk alert” regarding SEC registrants’ compliance with Rule 21 F-17, which implements Section 21F of...more
10/31/2016
/ Acquiescence ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Defend Trade Secrets Act (DTSA) ,
Educational Institutions ,
Employee Restrooms ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
EU ,
Fair Pay Act ,
Federal Contractors ,
France ,
Freedom To Work Act ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
LGBTQ ,
Minimum Wage ,
NCAA ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Private Attorneys General Act (PAGA) ,
SEC Examination Priorities ,
Securities and Exchange Commission (SEC) ,
Sharing Economy ,
Sick Leave ,
Student Athletes ,
Transgender ,
Transportation Industry ,
Uber ,
UK ,
UK Brexit ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers
In this edition of our Privacy & Cybersecurity Update, we examine the Sixth Circuit's decision to allow injury-in-fact to be established by alleging a "substantial risk of harm" in a data breach case, New York state's...more
10/3/2016
/ Article III ,
CFTC ,
Class Action ,
Commodities ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Protection Authority ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Financial Markets ,
Germany ,
International Data Transfers ,
NIST ,
NYDFS ,
Personal Data ,
Popular ,
Standing ,
UK ,
Young Lawyers
In this edition of our Privacy & Cybersecurity Update, we examine changes to EU privacy and data protection laws, new state laws addressing data breach notifications, Congress' review of cyber insurance, and recent court...more
5/3/2016
/ Class Action ,
Commercial General Liability Policies ,
Corporate Counsel ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Encryption ,
EU ,
EU-US Privacy Shield ,
Federal Trade Commission (FTC) ,
Future Harm ,
General Data Protection Regulation (GDPR) ,
Mobile Health Apps ,
Notice Requirements ,
Standing ,
State Data Breach Notification Statutes ,
Young Lawyers
In this edition of our Privacy & Cybersecurity Update, we examine the FCC's proposed privacy rules for broadband providers; new developments relating to the Privacy Shield, which was created to replace the U.S.-EU Safe Harbor...more
4/4/2016
/ Consumer Financial Protection Bureau (CFPB) ,
Cyber Insurance ,
Cybersecurity ,
Data Protection Authority ,
Data Security ,
Department of Defense (DOD) ,
EU ,
EU-US Privacy Shield ,
FCC ,
Internet Service Providers (ISPs) ,
IRS ,
Phishing Scams ,
Privacy Policy ,
US-EU Safe Harbor Framework
Two days after the original January 31 deadline, the European Union and United States have announced a replacement for the Safe Harbor agreement — the EU-U.S. Privacy Shield — which, if approved, will provide a new framework...more
On November 12, 2015, the European Banking Authority (EBA) published a follow-up report on the treatment of role-based allowances (Allowances) paid by banks to their staff. The EBA’s original, October 2014 report and opinion...more
Since 1 January 2014, the EU’s Capital Requirements Directive (CRD)1 has required EU-regulated banks (EU Banks) to limit variable compensation paid to key bank staff to 100 percent of their fixed compensation (or 200 percent...more
Michel Barnier, vice president of the European Commission, recently wrote to the chairman of the European Banking Authority (the EBA), asking the EBA to report by the end of this month on whether allowances paid by EU banks...more
European Union employers are required by an EU directive to consult with employees and their representatives, including works councils (an existing employee representative body), when proposing collective dismissals to...more
On 25 June 2013, four key changes came into effect in the U.K. law protecting whistleblowers in the workplace. The first two changes are subtle amendments to the test applied to identify a protected disclosure, and the second...more
In this article we consider some alternative approaches to the proposed U.K. status of “employee shareholders,” who receive capital gains tax-exempt shares in their employer (or its parent) in return for waiving certain...more