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On June 28, 2011, the Federal Financial Institutions Examination Council (“FFIEC”) updated their 2005 guidance, Authentication in an Internet Banking Environment (October 12, 2005) (the “Original Guidance”), on authentication for Internet banking. Titled the ” Supplement to Authentication in an Internet Banking Environment” (the “Supplemental Guidance”), the Supplement Guidance sets forth common issues that, beginning […]

On June 13, 2011, the United States District Court for the Eastern District of Michigan in Experi-Metal, Inc. v. Comerica Bank, No. 09-14890 (E.D. Mich. June 13, 2011) held Comerica Bank liable for unrecovered funds fraudulently transferred from Experi-Metal’s accounts via the bank’s online wire transfer service. The court found that the bank did not […]

Employee privacy rights may soon be bolstered around the nation. Recently, lawmakers in almost half of the states have proposed or approved restrictions on an employer’s use of the credit history of applicants and employees when making employment decisions. Until 2007, employers in every state could lawfully assess an individual’s credit information when making employment […]

Sorrell v. IMS Health, 564 U.S. __ (June 23, 2011). In a 6-3 decision written by Justice Kennedy, the Supreme Court affirmed the conclusion of the Second Circuit that Vermont’s law that restricts the sale, disclosure and use of pharmacy records containing prescriber-identifying information violates the First Amendment. The Vermont statute prohibits pharmacies, health insurers […]

In its publicly released rankings for 2011, Chambers USA has again listed Alston & Bird’s Privacy and Security practice among the nation’s leading practices. Chambers highlighted the firm’s commitment to service quality with the client testimonial, “The firm has never disappointed me; it always goes the extra mile.” Chambers noted in particular the Firm’s practice […]