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Commentary on the latest news and developments in issues that matter to our clients.

16 October 2017

The Real Estate Group Launches Their Twice a Mo...

The Miller Johnson Real Estate Podcast is a twice monthly series hosted by attorneys involved in real estate transactions, disputes, and property use with clients. From buying and selling to commercial and residential development, our Real Estate group offers a full range of insights and analysis of what needs to be done to maintain a […]

05 October 2017

FTC Cracks Down on False Claims of Compliance w...

The Federal Trade Commission (“FTC”) recently announced ( that it had settled charges against three different companies for misleading consumers about their participation in the EU-US Privacy Shield (“Privacy Shield”) framework.  These are the FTC’s first enforcement actions brought under the Privacy Shield. The FTC alleged the three companies falsely claimed they were certified to […]

21 September 2017

The 3 Most Common Equifax Breach Questions (wit...

Ever since the news broke regarding the Equifax breach affecting over 140 million people in the U.S., we have received daily phone calls from clients, friends, and family asking what they can do to protect themselves.  Should I sign up for the credit monitoring?  Am I am going to waive my right to join a […]

08 September 2017

Equifax Announces Breach That Could Impact 143 ...

Yesterday. on September 7, 2017, Equifax, a credit monitoring agency, announced that the personal information of nearly half of all Americans may have been breached.  According to Equifax, criminals used “a U.S. website application vulnerability” to gain access to files that contained names, Social Security numbers, birth dates, addresses and driver’s license numbers. Equifax stated […]

07 September 2017

Dealing with PHI after Hurricane Harvey (and Ot...

The Department of Health and Human Services (“HHS”) recently issued relief and other helpful guidance about dealing with Protected Health Information (“PHI”) in the wake of disasters like Hurricane Harvey.  You can review this guidance here. Waiver of Certain Provisions under the Privacy Rule It is important to remember that HIPAA’s Privacy Rule continues to […]

25 August 2017

Data Breach Class Actions: an actual violation ...

In a previous post on this blog here, we noted that the recent decision in D.C. Circuit Court of Appeals had joined a growing number of federal courts holding the risk of future harm is enough to allow a class action to proceed following a data breach. Now the Ninth Circuit Court of Appeals joins […]

10 August 2017

Data Breach Class Actions: Is a Risk of Future ...

On August 1, the D.C. Circuit Court of Appeals joined a growing number of federal courts holding the risk of future harm is enough to allow a class action to proceed following a data breach. Attias v. CareFirst, Inc., et al., involves a federal class action lawsuit brought by customers whose personal information was allegedly […]

27 July 2017

Penalty: Up to 20 Million Euros, or 4% of Gross...

In data privacy circles, there is constant discussion regarding the EU-US Privacy Shield and the EU General Data Protection Regulation (“GDPR”).  While the temptation for US- based companies to take an isolationist approach and ignore these EU regulations is understandable, doing so may unintentionally subject such companies to significant liability.  All US-based organizations that hold, […]

13 July 2017

Failure to Enter a HIPAA Business Associate Agr...

For those of you who follow this blog, one thing will become evident over time: one of my co-authors, Tim Gutwald, and I frequently blog about HIPAA-related privacy issues.  That’s because both of our practices include a fair amount of HIPAA work.  And, one tends to write about what they are passionate about (to the […]