Morgan Lewis

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01/18/13 HHS Releases HIPAA/HITECH Omnibus Final Rule
Rule finalizes many provisions of the proposed rule, imposing new privacy and security obligations directly on business associates and modifying the definition of "breach" and the required factors to be considered in a risk assessment.
01/16/13 CFPB Issues Final Ability-to-Repay and Qualified Mortgage Rule
Rule lists criteria that lenders must consider in determining whether a prospective borrower has the ability to repay a loan and defines Dodd-Frank's concept of a "qualified mortgage."
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Related Events

06/24/13-06/25/13 The Essentials of U.S. Drug Labeling and Advertising Laws
Ann Begley and Rebecca Dandeker, presenters
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Related News

03/08/13 Rising Star: Morgan Lewis' Joseph Duffy, Law360
Litigation partner Joseph Duffy is named a Rising Star and top class action attorney by Law360 .
02/04/13 Former Federal Trade Commission General Counsel Returns to Morgan Lewis
Morgan Lewis announces that Willard K. Tom has returned to the firm as a partner in the Antitrust Practice.
01/22/13 HIPAA Update Ushers In Broad Security, Reporting Regime, Law360
FDA & Healthcare partner Reece Hirsch is quoted.
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Memberships & Associations

International Association of Privacy Professionals - Corporate Member
28 Publications Found
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01/28/13 What Every General Counsel Should Know About Privacy and Security: 10 Trends for 2013, BNA's Privacy and Security Law Report

Outside Publication | Article
W. Reece Hirsch

01/18/13 HHS Releases HIPAA/HITECH Omnibus Final Rule

LawFlash/Client Alert | FDA and Healthcare LawFlash
Heather Deixler, W. Reece Hirsch

Rule finalizes many provisions of the proposed rule, imposing new privacy and security obligations directly on business associates and modifying the definition of "breach" and the required factors to be considered in a risk assessment.

01/16/13 CFPB Issues Final Ability-to-Repay and Qualified Mortgage Rule

LawFlash/Client Alert | Financial Services Lawflash
Tonya Oliver, Michele Coffey, Kenneth Kliebard, Kathleen Collins, Christian Mixter, Ivan Harris

Rule lists criteria that lenders must consider in determining whether a prospective borrower has the ability to repay a loan and defines Dodd-Frank's concept of a "qualified mortgage."

01/03/13 Increasing Scrutiny of Consumer Data Collection

LawFlash/Client Alert | Advertising, Consumer Protection, and Privacy LawFlash
Dana Nicoletti, Rochelle Alpert, Karen Butcher, Ron Dreben, W. Reece Hirsch, Carla Oakley

Recent FTC and California Attorney General actions highlight the need to reassess privacy policies.

10/03/12 FTC Releases Final “Green Guides” for Environmental Marketing Claims

LawFlash/Client Alert | Advertising, Consumer Protection, and Privacy LawFlash
Stephen Mahinka, Karen Butcher, Thomas Sullivan

With few refinements made to the proposed guides, the guidance applies immediately and includes significant restrictions and qualifications regarding the use of important terms and claims.

10/03/12 FTC 'Green Guides': What the Changes Mean for Marketers, Law360

Outside Publication | Article
Stephen Mahinka, Karen Butcher, Thomas Sullivan

Partners Stephen Paul Mahinka, Karen Butcher and Thomas Sullivan co-wrote an article, "FTC 'Green Guides':, What the Changes Mean for Marketers," providing a thorough analysis of the Federal Trade Commission's October 1 revisions... more

09/28/12 What We’ve Learned From CFPB’s 1st Year, Law360

Outside Publication | Article
Kenneth Kliebard, Ivan Harris, Michele Coffey, Kathleen Collins

Partners Michele Coffey, Kenneth Kliebard, Ivan Harris and Kathleen Collins co-authored the article, "What We've Learned From CFPB's 1st Year," providing a detailed explanation of the Consumer Financial Protection Bureau's sup... more

09/25/12 Senator’s Cybersecurity Letter Gets Attention from Fortune 500

LawFlash/Client Alert | Washington Government Relations and Public Policy LawFlash
Timothy Lynch, Barbara Melby

CEOs of the top 500 U.S. companies receive call to action on cybersecurity protection issues from Senator Rockefeller.

09/20/12 Consumer Financial Protection Bureau Frequently Asked Questions

LawFlash/Client Alert | Financial Services LawFlash
Kenneth Kliebard, Ivan Harris, Michele Coffey, Kathleen Collins

As the CFPB completes its first year of operation, much can be learned from its investigation and enforcement activity thus far.

08/09/12 California Establishes Privacy Enforcement and Protection Unit

LawFlash/Client Alert | Advertising, Consumer Protection, and Privacy LawFlash
W. Reece Hirsch, Aarti Shah

New unit will police individual and organizational practices and enforce the state's various privacy and security laws and regulations.

07/06/12 CFPB Rule Regarding Privileged Information

LawFlash/Client Alert | Financial Services LawFlash
Tonya Oliver, Ivan Harris, Christian Mixter, Kathleen Collins

New regulation attempts to protect from disclosure privileged information provided by financial institutions to the Consumer Financial Protection Bureau, or shared by the Bureau with other agencies.

03/05/12 Consumer Financial Protection Bureau: What It Is, What to Expect, BNA's Daily Report for Executives

Outside Publication | Article
Stephen Mahinka, Kenneth Kliebard, Ivan Harris, Christian Mixter, Kathleen Collins, Timothy Lynch

02/17/12 Data Privacy Update

LawFlash/Client Alert | Advertising, Consumer Protection, and Privacy LawFlash
Advertising, Consumer Protection, and Privacy Practice

Massachusetts regulations to protect consumer personal information contain March 1, 2012 deadline.

02/01/12 Overhaul of European Data Protection Law Announced

LawFlash/Client Alert | Advertising, Consumer Protection, and Privacy LawFlash
Celia Kendrick, François Vergne, Matthew Howse, Walter Ahrens

European Commission proposal for a new General Data Protection Regulation aims to strengthen and harmonise data protection law across Europe.

January 2012 The Consumer Financial Protection Bureau (CFPB): What It Is and What to Expect

Morgan Lewis Title | White Paper
Stephen Mahinka, Kenneth Kliebard, Kelly Moore, Ivan Harris, Christian Mixter, Kathleen Collins, Joanna Hendon

On January 4, President Obama, via a recess appointment, installed Richard Cordray as the Director of the Consumer Financial Protection Bureau (CFPB or the Bureau). The appointment was the latest battle in what promises to be a "... more

11/18/11 HIPAA Privacy and Security Audit Program Begins This Month

LawFlash/Client Alert | Advertising, Consumer Protection, and Privacy LawFlash
Lauren Licastro, W. Reece Hirsch, Andy Anderson

HIPAA-covered entities, including employer health plan sponsors, should watch the mail for a letter from the Office for Civil Rights (OCR). The Health Information Technology for Economic and Clinical Health (HITECH) Act requ... more

11/16/11 Recent SEC Guidance and Upcoming Amendments to California and Illinois Statutes Affect Data Breach Disclosure Obligations

LawFlash/Client Alert | Advertising, Consumer Protection, and Privacy LawFlash
Ron Dreben, Kenneth Kliebard, K. Roney, Gregory Parks, W. Reece Hirsch

Recognizing that business entities now conduct a majority of their operations with the assistance of electronic programs and databases, and that a significant amount of business and personal information may be stored electronica... more

10/19/11 Tenth Circuit Finds Potential Insurance Coverage for Patent Infringement Claims Under "Advertising Injury" Provisions

LawFlash/Client Alert | Insurance Recovery LawFlash
Paul Zevnik, Michel Horton

On October 17, the U.S. Court of Appeals for the Tenth Circuit, applying Colorado law, reversed a district court decision and held that a patent infringement claim may constitute an "advertising injury," thereby triggering, at a... more

07/13/11 Supreme Court Strikes Vermont Data Mining Law and Protects Pharmaceutical Marketing

LawFlash/Client Alert | Life Sciences and Healthcare LawFlash
Life Sciences and Healthcare Practice

On June 23, the U.S. Supreme Court issued a 6–3 decision in Sorrell v. IMS Health Inc., declaring a Vermont law designed to prevent data mining unconstitutional. The Vermont Prescription Confidentiality Law at issue restr... more

06/23/11 SEC Adopts Investment Adviser Rules Implementing the Dodd-Frank Act

LawFlash/Client Alert | Investment Management LawFlash
Monica Parry, Ethan Johnson, Trina Winkelmann

At an open meeting on June 22, the Securities and Exchange Commission (SEC) adopted a number of rules implementing Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The newly adopted ru... more

06/16/11 HHS Proposed Rule Creates New Access Report Obligations And Amends Existing Accounting of Disclosures Provisions, BNA's Health Law Reporter

Outside Publication | Article
Heather Deixler, W. Reece Hirsch

06/10/11 FTC Invites Public Comments on the Revision of the “Dot Com Disclosures” Business Guidance Document

LawFlash/Client Alert | Advertising, Consumer Protection, and Privacy LawFlash
Dana Gross

The Federal Trade Commission (FTC) is considering updating and reissuing the "Dot Com Disclosures" business guide[1] that it originally issued in 2000 to assist online advertisers in complyin... more

05/06/11 United States v. Nosal: Ninth Circuit Decision Increases Protection Against Employee Computer Data Theft

LawFlash/Client Alert | Unfair Competition/Trade Secrets LawFlash
Labor and Employment and Intellectual Property Practices

The U.S. Court of Appeals for the Ninth Circuit has given employers a clear path to increased protection for their trade secrets and other proprietary information in its decision in United States v. Nosal , Case No. 10-10038 (9... more

03/03/11 HITECH Ushers in Era of Higher Penalties Under HIPAA

LawFlash/Client Alert | Employee Benefits LawFlash
Lauren Licastro

Two recent actions by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) suggest we have entered a new era of more stringent enforcement of the privacy and security standards under the Health In... more

10/07/10 FTC Releases Proposed "Green Guides" Revisions

LawFlash/Client Alert | Cross-Practice Alert
Stephen Mahinka, Karen Butcher

After almost three years of review and analysis, the Federal Trade Commission (FTC) on October 6 released proposed revisions to its Guides for the Use of Environmental Marketing Claims, generally termed the "Green Guides" (the G... more

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