Boris, data, enforcement, Facebook, InfoLawGroup, information law group, National Labor Relations Act, National Labor Relations Board, NLRA, NLRB, privacy, protection, Segalis, social media, workplace privacy

NLRB Holds "Facebook" Firing Justified on Alternative Grounds, but Finds Policy Unlawful

By InfoLawGroup LLP on November 03, 2011

As we have discussed on our blog, the National Labor Relations Board (NLRB) has continued a campaign of enforcement actions against employers who, according to the NLRB, have unlawfully terminated employees for discussing working conditions on social media. As we reported, in the first of such "Facebook" enforcement actions to come before an NLRB administrative judge, the employer was ordered to reinstate five employees and to pay back their wages.On September 28, 2011, in the second "Facebook" case to reach an NLRB administrative judge, an employer was found to have been justified in terminating an employee car salesman for Facebook postings that mocked the employer and did not concern working conditions

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damages, data breach, Hannaford, motion to dismiss Hannaford data breach payment card PCI DSS, payment card, PCI DSS

Federal Appeals Court Holds Identity Theft Insurance/Credit Monitoring Costs Constitute "Damages" in Hannaford Breach Case

By InfoLawGroup LLP on October 24, 2011

In a significant development that could materially increase the liability risk associated with payment card security breaches (and personal data security breaches, in general), the U.S. Court of Appeals 1st Circuit (the "Court of Appeals") held that payment card replacement fees and identity theft insurance/credit monitoring costs are adequately alleged as mitigation damages for purposes of negligence and an implied breach of contract claim. The decision in Hannaford could be a game changer in terms of the legal risk environment related to personal data breaches, and especially payment card breaches where fraud has been perpetrated. In this post, we summarize the key issues and holdings of the Court of Appeals.

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Facebook, FTC, privacy, privacy notice, social media, social network, twitter

The Legal Implications of Social Networking Part Two: Privacy

By InfoLawGroup LLP on October 17, 2011

As social media and networking continue to revolutionize modern-day marketing and become the norm for organizations of all types, shapes and sizes, it is even more important to adequately address the legal risks associated with social media use. In Part One of our Legal Implications series, we laid out some background and identified key areas of legal risk. In the next few posts InfoLawGroup is going to look deeper at some of these risks. In this post we explore some of the privacy legal issues that companies should address if they want to leverage social media.

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Breach, do, Heartland, notification, Regulation S-P, risk assessment, SEC, Security, security breach

SEC Issues Guidance Concerning Cyber Security Incident Disclosure

By InfoLawGroup LLP on October 14, 2011

Publicly traded businesses now have yet another set of guidelines to follow regarding security risks and incidents. On October 13, 2011 the Securities and Exchange Commission (SEC) Division of Corporation Finance released a guidance document that assists registrants in assessing what disclosures should be made in the face of cyber security risks and incidents. The guidance provides an overview of disclosure obligations under current securities laws - some of which, according to the guidance, may require a disclosure of cyber security risks and incidents in financial statements.

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