June 2015

Is a ‘letter of intent’ binding?

Businesspeople who have agreed on the general terms of a deal often sign a “letter of intent” that lays out these terms in writing. The idea is to make sure that everyone is on the same page while a formal contract is being drafted. But what happens if you sign a letter of intent with someone, and then they walk away from the deal? Is that okay? In general, the answer is yes – a letter

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Beware of ‘off-the-shelf’ forms for background checks

A company can conduct background checks on job applicants, but there are strict federal laws governing how to go about getting applicants’ permission to do so. Increasingly, businesses are using “off-the-shelf” forms for this purpose, or are contracting with third-party vendors to set up an online job application process. The problem is that if the forms or the online services don’t comply with the letter of the law, the company itself may be on the hook.

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Businesses sued for disclosures of health care information

The federal law called HIPAA requires anyone who has access to medical information to keep it confidential. Businesses that violate the law can face penalties from the government. A big new threat, though, is that recently some courts have also started allowing people whose information was improperly disclosed to sue for damages in court. This is significant, because the HIPAA law applies not only to doctors and hospitals but also to businesses that have even occasional

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Does your insurance cover a data breach?

Given the rapid increase in data breaches – affecting not only Fortune 500 companies but smaller businesses as well – it’s worth checking whether your current insurance policy covers cyber losses. That’s especially true now that almost every state requires companies to notify customers if their data has been compromised. A growing number of insurers are now offering cyber-liability policies. These typically cover the costs of investigating a data breach and notifying customers, loss of business

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You may need a policy covering employees’ use of cloud storage

Employees are discovering that cloud storage services are a great way to access work-related data at home and on the road, and to collaborate with co-workers, especially those who work remotely. Unfortunately, they’re also a great way to make your confidential data insecure – which is why you may need a thoughtful policy covering their use. Cloud services allow a user to log into an account, upload documents or files, and then access or download them

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