• 11.26.14

    EEOC’s Wellness Challenge Feeling Under the Weather

    The Equal Employment Opportunity Commission’s (EEOC) efforts to challenge employer wellness programs hit a snag when a federal court judge in Minnesota denied the agency’s request for an injunction against Honeywell International.

  • 11.25.14

    IAB to FTC: Focus on Actual Harm

    In comments filed by the Interactive Advertising Bureau in response to the Federal Trade Commission’s request for comment following the agency’s Big Data workshop, the group suggested the Commission focus on incidents of actual harm, instead of worrying about the mere collection or use ...

  • 11.25.14

    Manatt on Health Reform: Weekly Highlights, Nov 25, 2014

    In this week’s highlights, new proposed guidance from the feds would allow default renewals to lower cost plans and bring enhanced transparency to Qualified Health Plan rate increases; open Enrollment hits its stride – including in several states with new or revamped Marketplaces; D.C. ...

  • 11.21.14

    Ruling on ATDS Capability, California Court Dismisses TCPA Suit

    Siding with courts that evaluate a system’s present – not potential – capacity to store or produce telephone numbers when considering whether a system is an automatic telephone dialing system pursuant to the Telephone Consumer Protection Act (TCPA), a California federal court ...

  • 11.20.14

    FFIEC: Financial Institutions Need to Share Cyberthreat Information

    Financial institutions of all sizes need to share cyberthreat information with each other, the Federal Financial Institutions Examination Council (FFIEC) urged based upon an assessment performed of the preparedness of various community institutions.

  • 11.20.14

    Change of Heart—Court of Appeal Reverses Opinion in Bowman v. California Coastal Commission

    The court in Bowman originally held that a permit condition could not be modified or deleted by a second permit that included the same project even if the first permit had expired.

  • 11.19.14

    Body of Message Satisfied Spam Law, California Appellate Court Rules

    In dismissing a putative class action against a marketing company, a California appellate court ruled that as long as the sender’s name can be determined from the body of an e-mail message, the name used in the header address field of the message is not misleading.

  • 11.19.14

    “Healthcare-Related” Calls: Ambiguity at the Intersection of HIPAA and TCPA

    The TCPA prohibits calls and text messages (collectively referred to as “calls”)2 from being transmitted to a consumer’s mobile device using an autodialer, as well as prerecorded messages from being placed on landlines, without the recipient’s prior consent.

  • 11.18.14

    Manatt on Health Reform: Weekly Highlights, Nov 18, 2014

    With the 2015 Open Enrollment Period (OEP) officially launched as of November 15, this week’s news highlights Marketplaces’ preparation for and tracking of outreach and enrollment – including 100,000 applications submitted on healthcare.gov by the end of the first day of OEP.

  • 11.13.14

    Record $10M Data Security Fine by FCC

    In the agency’s first data security enforcement effort, the Federal Communications Commission (FCC) announced that it took action against TerraCom, Inc., and YourTel America, Inc., for failing to protect consumer data.

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