I'd think that merely telling me that one is aware of a settlement where the risk to the wrongdoer that Resurfice material contribution would be applied played a significant role in the fact that settlement was reached, without more, wouldn't be
of a breach of any confidentiality obligation (unless somehow the mere fact you say something somehow breaches the obligation).
Further, and not surprisingly, the NYSBA states that if the lawyer has information to suggest that the provider's security measures are not longer adequate, or if the lawyer learns
of a breach of confidentiality at the provider, the lawyer must investigate whether there has been a breach of confidentiality of its client information, must notify clients, and must discontinue use of the service unless the lawyer receives assurances that the problems have been sufficiently remediated.
Care should clearly be taken not to single out individuals during any training, as this may lead to employment claims and allegations
of breach of confidentiality.
The information owner may wish to provide for remedies in the event
of a breach of confidentiality, including money damages, injunctive protection, attorneys» fees and appropriate indemnifications.
I offered to write about the discussion using Chatham House rules (repeating what was said, but without identifying the speakers), but even that was considered to be too much
of a breach of confidentiality.
The contract must limit further disclosures of the protected health information for these purposes to those that are required by law and to those for which the business associate obtains reasonable assurances that the protected health information will be held confidentially and that it will be notified by the person to whom it discloses the protected health information
of any breaches of confidentiality.
Not exact matches
According to Verizon's 2015 Data
Breach Investigations Report, about 50 percent
of all security incidents — any event that compromises the
confidentiality, integrity or availability
of an information asset — are caused by people inside an organization.
The lawsuit accuses him
of «
breach of written contract —
confidentiality agreement» and «
breach of fiduciary duty.»
Some investors were pushing for Shop.ca to focus on profitability instead
of scale, according to a former insider, who requested anonymity so as not to risk
breaching a
confidentiality agreement.
Since the leak, huge holes in the business have become apparentm, and the
confidentiality and confidence
of its (understandably secretive) users has been
breached.
A breakdown, cyberattack or information security
breach could compromise the
confidentiality, integrity and availability
of our systems and our data.
All Statistics Canada employees take an oath
of secrecy and face severe penalties for any
breach of confidentiality.
And it's appealing because the U.S. system leads to all sorts
of nonsensical arguments about whether golf buddies or prostitutes have duties
of confidentiality, and who needs to know who got paid for
breaching those duties.
Doe's best argument might be «that the church
breached a promise
of confidentiality made by the member who said, in the lead - up to the baptism, «Nobody will find out.
Information should not be transmitted within the site that is in any way libellous, obscene, discriminatory, defamatory, seditious, blasphemous, threatening to other individuals, in
breach of copyright or
confidentiality, or otherwise unlawful.
«It is vital to this work that homelessness agencies do not undermine outreach work through any blurring
of the line between their outreach staff and enforcement agencies or through
breaches of confidentiality.»
The emails and documents show that negotiators had agreed to terms that included a $ 20,000
breach of confidentiality clause in the contract should any
of those involved in the deal go back on the settlement terms.
«This is a
breach of parliamentary privilege and is a violation
of the privacy, security and
confidentiality of a member
of parliament's office.
However a witness who, for example, is induced to make disclosures in
breach of a
confidentiality agreement enjoys no such protection.
Also be aware that, even in a closed review system, it may be difficult to guarantee your anonymity: Although rare,
breaches of confidentiality do happen, or perhaps you're in a subspecialty that is so small that you'll be easily identified as the reviewer.
The UK Association
of Cancer Registries, for example, has been extracting and analysing cancer data for 40 years without a single recorded
breach of confidentiality.
That was a
breach of confidentiality, the panel concluded.
The claims
of a
confidentiality breach and conflict
of interest, if they prove true, «are serious, and are not off - the - wall,» says Paul Rothstein, a professor
of torts, evidence, and civil litigation at Georgetown University Law Center in Washington, D.C..
The researchers admit that, whereas computerized translation seems problematic, «we have, however, not assessed the accuracy
of human translators, who can not be assumed to be perfect and may be subject to
confidentiality breaches.»
Litigation was most likely to arise from allegations
of improper performance, errors in diagnosis, and claims that did not involve a purely medical error, such as abandonment,
breach of confidentiality, or consent issues.
Although identities will remain confidential as much as possible, as I can not control the media, I can not take responsibility for any
breaches of confidentiality that may occur Finally, the material produced by myself may be reproduced for personal use, provided that appropriate credit is given.
Although identities will remain confidential as much as possible, as I can not control the media, I can not take responsibility for any
breaches of confidentiality that may occur.
Note that if you opt for coaching sessions at a public venue, we can not be held responsible for any decreased privacy or
breaches of confidentiality because
of the public nature
of the meeting.
But, they could not be found without
breaching the
confidentiality of private data, which were protected under the Greek legislation.
However, a spokesperson for SQA said that the decision has been made to «prevent any
breach of question paper security and
confidentiality, but to also remove the risk
of inappropriate postings on social media which can cause distress for candidates».
The Department
of Education (DoE) has accused the union
of breaching a
confidentiality agreement and maintains that talks over pay are still ongoing.
«We took this decision to prevent any
breach of question paper security and
confidentiality, but to also remove the risk
of inappropriate postings on social media which can cause distress for candidates.»
The scenarios ran the gamut
of clinic woes: missing Drug Enforcement Agency (DEA) drugs; a
breach of client
confidentiality when photographs
of a patient are posted on the Internet; a long - term employee who develops physical problems and a toxic attitude; the pros and cons
of major equipment purchases; a new specialist who takes advantage
of training funded by the clinic, then accepts a new job; a veterinarian who suffers fatal injuries on the job; an emergency call from a client who has not paid bills in the past.
Read including the full set
of comments, including Monckton's -LRB-(I'm on his Bad List, too, among other things, for «interfering in an unlawful manner on the blogosphere» and
breaching doctor - patient
confidentiality), and the various replies to all that.
In fact, if there ever were such
confidentiality agreements, then CRU had
breached them right from the start — by sending the 1991 version
of the data to the US Department
of Energy which published the station data online; by placing the 1996 version online at CRU as part
of the ADVANCE / 10K program; and by sending station data out on request (not just to Georgia Tech, but to others, including Mann and Rutherford in 2005 and even to me in 2002 before I was identified as a potential critic).
Now that the SOD is freely available, I can refer to the contents
of the leaked documents without
breaching confidentiality restrictions.
For example, the updated comment to Rule 1.6 (c) on
confidentiality provides a nonexhaustive list
of factors to consider whether an attorney acted reasonably in the lead - up to a
breach of client data, but it does not endorse a specific approach.
Lawyers specifically can take advantage
of the convenience
of the cloud without worrying about
breaching lawyer - client
confidentiality or data privacy laws.
Breaches of confidentiality can cost you your job, get your name in the wrong place in the blogosphere or Twitterverse, and make you searchable in a bad way on Google, Lexis, and Westlaw under nasty ethical lapse search terms.
Other kinds
of companies may use data brokers to compile lists for marketing purposes but law firms would be running severe risks for
confidentiality breach by doing this.»
As in the instant case, the plaintiff there alleged that the individual defendant obtained certain trade secrets during his employment with plaintiff, then in
breach of a
confidentiality agreement that was part
of his employment contract, misappropriated that information when he went to work for the defendant JPS.
Lead counsel to specialized services business in litigation against competitor and several former employees for violation
of the Defend Trade Secrets Act,
breaching / interfering with
confidentiality agreements, false advertising, disparagement and related claims.
On Friday 1 December, the High Court confirmed that Morrisons is vicariously liable for Skelton's actions which amounted to
breaches of the Data Protection Act 1998 (the DPA) and instances
of misuse
of private information and
breach of confidentiality.
Acknowledging the issues were novel, the motions judge in SC v. NS concluded that the defendant / accused had
breached the deemed undertaking
of confidentiality when he used for his criminal defence the plaintiff's documentary productions from the civil case without first seeking directions from the court as to whether and how he could do so.
Advising in relation to a
breach of confidentiality in an investment firm, including managing the crisis, reviewing what information had been lost, investigating the conduct
of employees, delivering an investigation report and advising on remedial steps to improve cybersecurity.
However, a general lack
of understanding combined with perceived information governance risks means that all too often organisations, and individuals within them, are so risk averse that they are prevented from sharing appropriately by the fear
of a
breach of the Data Protection Act 1998 («DPA»), the common law duty
of confidentiality or the myriad
of NHS guidance.
The Court ruled that the employee knew, or ought to have known, that the surreptitious recording was a
breach of his
confidentiality and privacy obligations to his employer as well as
of the personal code
of conduct he had prepared as part
of the corrective action imposed on him.
Won arbitration against former employee
of biotechnology client for
breach of confidentiality and non-disparagement clauses
of settlement agreement, and obtained preliminary and permanent injunctions for the violations in federal district court (2016 U.S. Dist.
Because JAMS provides alternative dispute resolution mechanisms that operate in accordance with judicial procedures, we may also deny or limit access to personal data in the following contexts: (i) interference with law enforcement or with private causes
of action, including the prevention, investigation or detection
of offenses or the right to a fair trial, arbitration or mediation; (ii) disclosure where the legitimate rights or important interests
of others would be violated; (iii)
breaching a legal or other professional privilege or obligation; (iv) prejudicing employee security investigations or grievance proceedings or in connection with employee succession planning and corporate reorganizations; or (v) prejudicing the
confidentiality necessary in monitoring, inspection or regulatory functions connected with sound management, or in future or ongoing negotiations involving JAMS.
In addition to the unacceptable conduct the employer knew about at the time
of dismissal, the employer at trial also argued that use
of a company phone for a purpose that was never intended, that is recording conversations with senior management, was a deliberate violation
of the employee's duty
of confidentiality and a
breach of trust and loyalty to the defendant.