The Federal Trade Commission (FTC) has just announced that it will delay enforcement of the identity theft “Red Flags Rule” (Rule) until August 1, 2009.   The Rule was discussed previously in Weintraub Genshlea Chediak Tobin & Tobin’s Law Alert Article: Deadline to Have Identity Theft Prevention program Prepared and Implemented is May 1, dated April 15, 2009.

Continue Reading FEDERAL TRADE COMMISSION EXTENDS DEADLINE TO COMPLY WITH THE “RED FLAGS” IDENTITY THEFT PREVENTION RULE

Pursuant to the Federal Trade Commission’s (“FTC”) Identity Theft Prevention Red Flags Rule (16 .C.F.R. § 681.2) which went into effect on January 1, 2008, all financial institutions and creditors must prepare and implement a written “Red Flags” Program by May 1, 2009. The determination of whether a business or organization is covered by the Red Flags Rule is not based on a particular industry or sector, but rather on whether the activities of the business or organization fall within the relevant definitions.

Continue Reading WILL YOU HAVE YOUR IDENTITY THEFT PREVENTION PROGRAM (aka “RED FLAGS” PROGRAM) PREPARED AND IMPLEMENTED BY THE MAY 1, 2009 DEADLINE?

The IRS has issued Notice 2009-27 which provides a thorough interpretation of Section 2001 of the American Recovery and Reinvestment Act of 2009 (“ARRA”) relating to premium assistance for COBRA continuation coverage.

Continue Reading THE IRS PROVIDES GUIDANCE ON THE NEW 65% COBRA SUBSIDY OBLIGATIONS

On March 19, 2009, the DOL released the following model notices in connection with the COBRA subsidy outlined in the American Recovery and Reinvestment Act of 2009 (“ARRA”):

1. General Notice (Full Version). This General Notice is to be sent to all qualified beneficiaries who experienced a qualifying event at any time from September 1, 2008 through December 31, 2009, regardless of the type of qualifying event. This full version includes information on the COBRA subsidy (or premium reduction) as well as information required in a standard COBRA election form.

Continue Reading THE DOL ISSUES ITS MODEL COBRA SUBSIDY NOTICES

     Although several federal courts in California have previously considered the issue of preemption in trade secret misappropriation cases, the Sixth Appellate District, in K.C. Multimedia, Inc. v. Bank of America Technology & Operations, Inc. ___ Cal.Rptr. 3d ____ (6th Dist. Mar. 3, 2009), became one of the first (if not the first) California state court to hold that the California Uniform Trade Secrets Act (“CUTSA”) preempts state common law claims based on the same facts as a misappropriation claim. This ruling could have a significant impact on how trade secret misappropriation cases are both pled and litigated in California.

Continue Reading TRADE SECRETS AND PREEMPTION