Entries by Aaron Murphy

HIPAA Basics (Part I)

Whether dealing with simple applications or constructing complex medical treatment tools, businesses looking to enter the burgeoning market of health care services will need to become familiar with the Health Insurance Portability and Accountability Act (HIPAA). The law has wrought transformative change in the U.S. healthcare market, but its labyrinthine strictures can prove difficult to […]

Alternative Dispute Resolution for Startups: Mediation and Arbitration

Litigation has long been the de facto solution for companies that find themselves mired in legal conflict. However, court-sanctioned squabbling comes with spiraling costs, tremendous time investments, and a healthy dose of acrimony that can destroy business and personal relationships. For new and emerging businesses with little funds to spend on the legal battlefield, alternative dispute […]

Demystifying Privacy Law: FTC Data Privacy Enforcement

Unlike many countries in the world, the United States does not have one regulatory agency with authority to monitor and enforce data privacy violations. The U.S. uses a sectoral model of data privacy protection, using a variety of enforcement mechanisms. One of those enforcement mechanisms–and perhaps the predominant one–is the Federal Trade Commission, or the […]

Uber’s Independent Contractor Problem

The California Labor Commission ruled on June 3, 2015 that drivers for the ubiquitous ride-sharing company Uber are employees, not independent contractors. If certified on appeal, the surprise ruling could impact Uber’s business model and the sharing economy more generally. 

Demystifying Privacy Law: Drafting a Privacy Policy

If your business collects personally identifiable information (or PII) about your customers, you will need a privacy policy to let them know how you plan to collect, use, share and secure information about them. In an increasingly digitalized world, privacy policies command nearly the same level of respect as mission statements. Privacy policies set out an organization’s first principles […]

Demystifying Privacy Law: Personally Identifiable Information (PII)

Nearly every organization collects personally identifiable information, or PII. Because of the sensitive nature of many different types of PII, its collection can pose an array of unique challenges, especially for younger or smaller organizations without a dedicated privacy department. The unwarranted release of such information can ravage people’s lives and forever destroy any modicum of […]

Demystifing Privacy Law: Making Sense of the U.S-EU Safe Harbor

UPDATE: Since this article was drafted, the US-EU Safe Harbor program has been shut down. There is now a new regime in place named Privacy Shield. Please see this article for more information. Any company looking to transfer data about users from the European Union region to the United States will likely need to familiarize […]