Federal

Understanding When Business Associates Are Directly Liable Under HIPAA

Aimee Jachym and Samantha A. Kopacz of Miller Canfield PLC write: New guidance issued by the U.S. Department of Health & Human Services (HHS) Office for Civil Rights (OCR) reaffirms that business associates must have proper HIPAA compliance practices, safeguards and documentation in place in order to avoid costly penalties. OCR recently released a...

District Court Finds no CFAA Violation where Employee Shares Confidential Company Information with Competitor

Jason C. Gavejian and Maya Atrakchi of JacksonLewis write: A district court in Tennessee recently concluded in Wachter Inc. v. Cabling Innovations LLC that two former employees who allegedly shared confidential company information found on the company’s computer system with a competitor did not violate the Computer Fraud and Abuse Act (CFAA). The CFAA...

China Released Core National Standards, Updating Mandatory Cybersecurity Requirements under the Cybersecurity Multi-level Protection Scheme

Yan Luo, Ashden Fein and Zhijing Yu of Covington & Burling write: On May 13, 2019, China’s State Administration for Market Regulation (“SAMR”) released three core national standards related to the country’s Cybersecurity Multi-level Protection Scheme (“MLPS”), describing technical and organizational controls that companies must follow when complying with MLPS-related obligations under the Cybersecurity...