HHS Announces First Enforcement Action Under HITECH Act Breach Notification Rule

Blue Cross Blue Shield of Tennessee (BCBST) has agreed to pay the U.S. Department of Health and Human Services (HHS) $1,500,000 to settle potential violations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy and Security Rules, Leon Rodriguez, Director of the HHS Office for Civil Rights (OCR), announced today.  BCBST has also agreed to a corrective action plan to address gaps in its HIPAA compliance program.  The enforcement action is the first resulting from a breach report required by the Health Information Technology for Economic and Clinical Health (HITECH) Act Breach Notification Rule.

http://www.hhs.gov/news/press/2012pres/03/20120313a.html

Read more »

Activist Shareholder, Daniel Loeb seeks to Gain Seats on Yahoo! Board

After spending years working behind the scenes to push for change, the hedge fund manager is once again openly admonishing management and battling a corporate board. The target: Yahoo.

His firm, Third Point, has amassed a 6 percent stake in the struggling Internet company, and he intends to propose a slate of four directors, including himself, at the company’s annual meeting. He has also sketched out a turnaround strategy for Yahoo that does not necessarily match management’s vision.

http://dealbook.nytimes.com/2012/03/08/activist-investor-charts-plan-to-revitalize-yahoo/

Read more »

The New York Mets, Its A Wonderful Life and On the Road

Here is a wonderful excerpt:

"There’s a core American debate between “On the Road” and “It’s a Wonderful Life.” “On the Road” suggests that happiness is to be found through freedom, wandering and autonomy. “It’s a Wonderful Life” suggests that happiness is found in the lifelong attachments that precede choice. It suggests that restraints can actually be blessings because they lead to connections that are deeper than temporary self-interest.

The happiness research suggests that “It’s a Wonderful Life” is correct and “On the Road” is an illusion. So I’ll die a Mets fan, exaggerating their potential, excusing their deficiencies. "

http://www.nytimes.com/2012/03/09/opinion/brooks-the-things-we-dont-choose.html?_r=1&ref=columnists

Read more »

ABA Asks Courts to Consider Foreign Privacy Laws

The American Bar Association’s (“ABA’s”) House of Delegates adopted a non-binding resolution urging courts to consider foreign data protection and privacy laws when resolving discovery issues. The full text of the resolution is as follows:

“RESOLVED, That the American Bar Association urges that, where possible in the context of the proceedings before them, U.S. federal, state, territorial, tribal and local courts consider and respect, as appropriate, the data protection and privacy laws of any applicable foreign sovereign, and the interests of any person who is subject to or benefits from such laws, with regard to data sought in discovery in civil litigation.”

http://www.huntonprivacyblog.com/2012/02/articles/american-bar-association-asks-courts-to-consider-foreign-privacy-laws/

Read more »

Copyright and Photography

A very good summary/primer courtesy of Business Insider...

http://www.businessinsider.com/photography-and-the-law-copyright-issues-2012-2

Read more »

Crazy, eh? Canadian Music Industry Group Calls for iPod tax

http://www.itbusiness.ca/it/client/en/home/News.asp?id=66389

Read more »

Barry Diller Funded Company, Aereo, Sued for Copyright Infringement

Fox, ABC, CBS, NBC, and several other television broadcasters filed two major copyright infringement lawsuits against Aereo, a service that's planning to launch in the New York area on March 14th to allow consumers the ability to watch broadcast television online through digital streaming.


http://www.hollywoodreporter.com/thr-esq/aereo-barry-diller-stream-tv-online-296426

Read more »