Euclid Managers Insurance Web Log

Question: What risks or exposures keep you up at night? Answer: They all do, because I care.

2009-06-25T20:30:50Z

Keeping Track of Service Agreements

2009-06-16T14:38:56Z

The Electronic Frontier Foundation (EFF) has recently launched TOSBack.org, a site for keeping track of what has changed and when for the Terms of Service (TOS) agreements of major websites.

As previously discussed, a company should not necessarily rely on implementing a change to its Terms of Service contract by simply posting the revised contract on its website; the other party to the contract, the customer, needs to be aware of the change. This principle applies even if the company puts a statement in its Terms of Service agreement warning the customer that the agreement will be changed without notice. As Eric Goldman points out on his Technology & Marketing Law blog, stating that the Terms of Service agreement can effectively be changed at any time without notice, could render the entire agreement unenforceable.

On The Privacy Front

2009-06-01T17:43:33Z

Mass. General is facing a possible class action lawsuit because one of its employees took private patient information home for the weekend and left it on the train.

The California Department of Public Health assessed an administrative penalty of $250,000 on Kaiser Foundation Hospital in Bellflower for allowing employees and physicians unauthorized access to a patient’s medical records. The penalty was assessed under a new medical privacy provision of California’s Health and Safety Code.

Claim Examples for Bloggers

2009-05-18T19:26:13Z

Bloggers Are Advertisers?

2009-04-21T18:23:45Z

We have been discussing the roles bloggers play as publishers and/or journalists for a while now but a new proposal from the FTC could add an additional role (or liability) for bloggers, that of advertiser.