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Lora Bentley

Governance and Risk

From regulatory compliance to corporate governance structure, everyone is involved

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Lora Bentley

August 2009

August 31, 2009

DOJ Grants Support Efforts Against Intellectual Property Crimes

In case you missed it, the Department of Justice Office of Justice Programs announced last week that it has awarded nearly $2 million in grants to law enforcement organizations across the United St... More >

Web Conference to Sort out HITECH Requirements on Health Info, Data Breaches

Is your business subject to HITECH Act data breach notification requirements? Do you know? If you are or you think you might be, you may want to check out a Web conference the Health Care Complianc... More >

August 28, 2009

Policies Around Customer Communities Should Be Flexible

We have covered the risks associated with corporate blogging from just about every angle, I think. We've talked about employees making unauthorized statements in "Have You Reviewed Your Policies Lat... More >

'Testing' Employee Response to Social Engineering Schemes

Evolve IP 's Carl Herberger has been guest blogging at IT Business Edge recently. Early this month, he noted that social engineering is on the increase and one of the top 10 things companies should... More >

August 27, 2009

FDA Warns Medical Device Companies on Failure to Validate Software

I don't often write about Food and Drug Administration regulations, but IT Business Edge's Ann All brought Frank Scavo's The Enterprise Spectator to my attention recently. And earlier this month,... More >

Massachusetts Changes Its Mind (Again) on Data Security Requirements

Last week, Massachusetts officials made yet another about face when it comes to data security requirements. An update from the law firm of Morrison and Foerster points out that the Office of Consum... More >

August 26, 2009

HHS Data Breach Notice Rule Applies to Deceased Persons' Data, Too

I've written about the HITECH Act and the data breach notification rule it adds to the Health Insurance Portability and Accountability Act a few times now. But something came across my desk this ... More >

August 25, 2009

SCO Wins Small Victory in UNIX Copyright Case

No, you did not misread that headline, and yes, I am talking about UNIX copyrights. CNET News blogger Stephen Shankland reports that an appeals court ruled in SCO's favor Monday, overturning a lo... More >

Another Take on Microsoft-Yahoo Agreement

After reading Monday that at least one antitrust attorney thinks Microsoft's alliance with Yahoo will not survive antitrust scrutiny -- primarily because Microsoft has such deep pockets and is a se... More >

August 24, 2009

Microsoft-Yahoo Search Deal Won't Survive?

A New York antitrust attorney says he doubts Microsoft and Yahoo's new partnership will "pass muster" with the regulators, according to Computerworld . Constantine Cannon partner Matthew Cantor sa... More >

August 21, 2009

Microsoft Gets September Hearing on Patent Ruling Appeal

On Sept. 23, a federal appeals court will hear Microsoft's appeal of the injunction prohibiting it from selling versions of Microsoft Word with custom XML capabilities.   A U.S. district judge i... More >

Don't Expect Veil of Anonymity with Online Communication

Thursday, I wrote about Google being required to reveal the identity of an "anonymous" blogger who was being accused of defamation. Friday morning, I spoke with Craig Carpenter, VP and general coun... More >

First HITECH Grants Will Create Health IT Regional Extension Centers

Thursday, Vice President Joe Biden and Health and Human Services Secretary Kathleen Sebelius announced that $1.2 billion in grant money will be made available to help hospitals and other health car... More >

August 20, 2009

Federal Grants to Be Available to Hospitals for EHR Transition

Moving the country's health information into the digital age is something that President Obama campaigned on, and it's something we've heard about at frequent intervals since he took office. In Title... More >

A New Wrinkle in FCPA Liability?

I've already mentioned this month that the federal government has promised to crack down on Federal Corrupt Practices Act violations. Now it is making good on that promise. Thursday, law.com feat... More >

August 19, 2009

Comments Made Anonymously Online Don't Have to Stay that Way

Two different lawsuits in the news this week are raising questions about the rights of anonymous bloggers, forum participants and tipsters. More importantly, at least from a business perspective, the... More >

Protiviti to SMBs: Work Closely with Auditors to Survive 404(b) Compliance

Last week I had the opportunity to speak with Protiviti managing director Paresh Raghani, who recently presented at the consultant firm's Webinar on Sarbanes-Oxley 404(b) compliance for small busin... More >

August 18, 2009

Sobering Reminder for Retailers of Need for Compliance/Security Updates?

In the last couple of days, The New York Times , the Associated Press and almost every other media outlet has reported the arrest of a Miami man and two (as yet unnamed) Russian co-conspirators in... More >

Facebook Faces Civil Lawsuit for Privacy Violations

Facebook users in California are suing the social networking giant. In pleadings filed in Orange County Superior Court, the plaintiffs say Facebook is violating California privacy laws and misleadi... More >

August 17, 2009

CPAs: Red Flag Rules Shouldn't Apply to Us

The Federal Trade Commission's Red Flag Rules are in compliance news again, if only because the American Institute of Certified Public Accountants has asked to be exempt from them. Designed to pr... More >

Amazon Web Services Can't Offer Level-One PCI Compliance

If your business is one that accepts and processes credit card data and, thus, must maintain compliance with the PCI Data Security Standard , Gemini Security Solutions offered a great Monday remin... More >

'Vanish' Encryption Raises Serious E-Discovery Concerns

Last week I spoke to Adam Landa , a  Greenberg Traurig shareholder who co-chairs the law firm's e-retention and e-discovery practice group about the Vanish encryption technology that, in essence, ... More >

August 14, 2009

Microsoft Changes Browser Settings to Avoid U.S. Antitrust Issues

From patent litigation to antitrust issues, I can't get away from Microsoft in the news today.   Apparently an attorney representing plaintiffs in the antitrust litigation that was settled s... More >

Technical Workaround Could Allow Microsoft Word Sales to Continue

There are new developments in the Microsoft - i4i patent dispute. Not that any of us are surprised.   First, according to InformationWeek , U.S. District Judge Leonard Davis cited "trial misco... More >

Small Merchants Are Aware of PCI Compliance but Don't Understand It

Small merchants are becoming more aware of PCI compliance requirements , according to a new study sponsored by the National Retail Federation . It's good progress, but there's a problem: Even thoug... More >

August 13, 2009

Legal Process Outsourcing Could Lower Compliance Costs

In the latter days of the Bush Administration and the earliest days for President Obama, federal officials were fixated on correcting the economic downturn. We heard a lot about financial regulatory... More >

Microsoft Patent Suit May Affect More Than Word

Wednesday's big tech story was a U.S. district judge's decision to enjoin Microsoft from selling versions of Word that include "custom XML" capabilities until a patent infringement lawsuit involvin... More >

August 12, 2009

'Vanish' and Retention Requirements: A Legal Perspective

Remember when I wrote about Vanish and asked all those questions about what the use of such technology might imply? I had the chance to speak with Greenberg Traurig shareholder Adam Landa , who co... More >

Federal Court Enjoins Sale of Microsoft Word Pending Patent Case Resolution

Wow. DailyTech is reporting that a federal judge in the Easterm District of Texas has forbidden Microsoft to sell Microsoft Word or versions of Microsoft Office that include Word until a final ju... More >

August 11, 2009

ACLU up in Arms About Proposed Change in Government 'Cookie Policy'

The American Civil Liberties Union is concerned about a coming change in the federal government's "cookie" policy, according to Network World . The nation's new CIO, Vivek Kundra, and the White ... More >

Protiviti Urges SMBs to Get Ready for Sarbox Compliance

After several delays for smaller businesses, the Securities and Exchange Commission appears set to enforce its latest compliance deadline as it stands: All public companies, regardless of size, wil... More >

Does FCC Have Authority to Enforce Net Neutrality?

In 2008, the Federal Communications Commission ruled that Internet giant Comcast violated the agency's Net neutrality principles when it "throttled" peer-to-peer traffic from sites like BitTorrent ... More >

SEC Enforcement Efforts Increase, Cost of Settlement Still High

It's no secret the Securities and Exchange Commission is ramping up its enforcement efforts . Different agency officials have made the announcement publicly. But that doesn't mean that the cost of s... More >

August 10, 2009

EU Missed Evidence in Intel Antitrust Investigation?

An interesting development has arisen in the Intel antitrust case in Europe. (The one with the record fine , remember?) Intel, of course, appealed the ruling . Monday, Reuters -- and several ot... More >

August 6, 2009

Don't Over-Rely on Compliance at Security's Expense

Compliance and security are inextricably intertwined, that's for certain. Remember Philip Howard's proposal in his Bloor Research blog post ? But the fact that they are intertwined does not at all m... More >

ACCA Urges Strong G20 Support for IFRS

Just about the time I forget about the coming move to International Financial Reporting Standards and the opposition it faces -- particularly in the U.S. -- someone brings the issues to the foref... More >

Celect.org's Roth Shares Concerns Regarding Facebook Connect for Organizations

Earlier this week I spoke to Tony Roth , president and CEO of Celect.org , a company that provides Web sites and online communities for non-profit organizations such as faith communities, universit... More >

August 5, 2009

New Legislation Would Leave Shareholders Little to Complain About

Earlier this week I wrote about the Shareholders' Bill of Rights Act, sponsored by Sens. Charles Schumer (D-N.Y.) and Maria Cantwell (D-Wash.), which is currently under consideration. Noticing that... More >

Foreign Corrupt Practices Act Enforcement on the Rise

The federal government hasn't been shy about telling us it's ramping up enforcement efforts in the areas of antitrust requirements and securities fraud, but we haven't heard quite as much about the... More >

August 4, 2009

Does Facebook Connect Create Risk for Organizational Web Sites?

In May, Facebook Developers announced the arrival of Facebook Connect , calling it "the next iteration of Facebook Platform that allows users to 'connect' their Facebook identity, friends and privac... More >

August 3, 2009

Shareholder Bill of Rights Could Have 'Bigger Impact Than Sarbanes-Oxley'

Watch out, corporate America. Lawmakers have proposed a shareholder bill of rights that at least one observer says could have a bigger effect on business than Sarbanes-Oxley did.   My question i... More >