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South Korea, EU Having ‘Adequacy’ Discussions

January 30th, 2019|Categories: Corporate Compliance, HB Risk Notes, Technology Law|Tags: , , , , |

Because of its robust network connectedness, its advanced use of mobile devices and its rich collection of intellectual property, South Korea is a leading target for hackers. Discussions are under way between the EU and South Korea to determine, as a non-EU country, whether its data protections are adequate. Also, South Korea has joined the APEC Cross-Border Privacy Rules system. Significant caselaw is developing regarding this country’s 2011 data protection statute as well as its sector-specific laws. Daniel Solove and Paul Schwartz have selected Professor Haksoo Ko from the Law School at Seoul National University to speak at the International #PrivacySecurity Forum April 3-5, 2019. Ko will co-present to provide an up-to-date account of developments in South Korea and analyze the most important compliance hurdles. Learn more: http://bit.ly/IPSF-2019

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Financial Institutions Struggle to Keep Up with ‘Changing Business Needs’ Such as Social Mobile Apps, and Getting Risk Data Quickly, Deloitte Report Suggests

January 27th, 2019|Categories: Corporate Compliance, HB Risk Notes, Technology Law|Tags: , , , , |

Deloitte's report is based on a survey of 94 financial institutions around the world that operate in a range of financial sectors and with aggregate assets of $29.1 trillion. Deloitte's Edward Hida  -- financial risk community of practice global leader and a partner in Deloitte Risk and Financial Advisory -- posted his executive summary the latest Global Risk Management Survey which is the organization's eleventh. The report is a detailed one and Deloitte draws quite a few conclusions around the continued focus on cyber security, engagement of boards of directors, increase attention to non-financial risks, the potential of digital risk management, enterprise risk management, the proliferation of Chief Risk Officers, an increased reliance on stress testing and more. A couple figures jumped out at me which show at least two challenges to financial institutions. Hear this Deloitte professional at ICRMC in Toronto April 15-16! Respondents are finding "extremely challenging" the need to keep up with changing business operational needs, such as deployment of social mobile applications, data analytics and cloud-based risks. Also in the "extremely challenging" category, not surprisingly, are threats from "sophisticated actors," like foreign governments and crackerjack hacktivists. Other issues categorized as "extremely high priority "revolve around getting quality risk data quickly. Given the average length of time other studies show that a hacker can poke around in your network before [...]

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Two Judges Find Florida Medical Marijuana Law Unconstitutional

January 4th, 2019|Categories: Complex Business Litigation, Corporate Compliance, HB Risk Notes, HB Tort Notes|Tags: , , , , |

The Program is 'Absolutely Broken' -- Now What? Edited by Tom Hagy Florida Circuit Judge Karen Gievers just held that the Florida medical marijuana law is unconstitutional. Reporting on the judge's Trulieve decision for the Florida Politics news service, journalist Jim Rosica called it "a rebuke to lawmakers and the Rick Scott Administration" that was "stunning even for" Judge Gievers. "In the spirit of boxing legend Muhammad Ali, known for his pre-fight rhymes, Gievers opined that in Florida 'the medical marijuana system was broken. Now, in the Constitution, the people have spoken.'" Rosica reported that while Gov. Scott is appealing the major marijuana decisions against the state Department of Health, the transition team of Republican Governor-elect Ron DeSantis, including Lt. Gov.-elect  Jeanette Nuñez, has suggested that he will not continue to defend the law in court. Rosica continued: "Gievers, who retires in April, said her decision striking down the law 'includ(ed), but (is) not limited to, replacement of the voter-selected registry plan with an arbitrary, inconsistent licensing scheme … throttling access of qualifying patients to … safe use of medical marijuana from (providers that) the Department has a clear, undisputed duty to register.' In fact, just passing the law was itself unconstitutional, Gievers suggested: 'Voters made clear in 2016 that the Legislature was to have no role in implementing access to and [...]

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Stigma and Shame Hampered AIDS Treatment in the 80s, and Opioid Treatment Today

January 2nd, 2019|Categories: Class Actions, HB Risk Notes, HB Tort Notes, Insurance|Tags: , , , |

By Tom Hagy I worked in the press office of the New Jersey Department of Health in the 1980s. Aside from hazardous waste, asbestos, cancer, a chemical fire or two, the annual influenza "crisis" and the occasional salmonella outbreak, AIDS was one of the most urgent, frightening and misunderstood health issues of the day. The U.S. epidemic began with one reported case in 1981, according to the Centers for Disease Control, and grew to an astounding 36.9 million people living with HIV/AIDS in 2017 as reported by the World Health Organization. The office I worked in was tasked with providing information to the public and members of the press. At the time many public health professionals believed -- as is the case with many diseases -- that education on how to prevent transmission of the HIV virus would all but eliminate its spread. All we had to do was educate the public and, most importantly, the high-risk groups. Education is a common weapon in fighting disease.  It's why we wash our hands, cough into our elbows and try not to put salt on absolutely everything we put in our mouths. In the early 1980s the "problem" was that the high-risk groups were having homosexual sex and injecting drugs -- not typical themes addressed by politicians. Early on more conservative policymakers didn't [...]

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