...ET AL. DEFENDANTS-APPELLEES No. 101764 Court of Appeals of Ohio, Eighth District, Cuyahoga April 9, 2015 Civil Appeal from the Cuyahoga County Court of Common Pleas Case No. 12-CV-785870 ATTORNEYS FOR APPELLANT: Andrew A. Kabat Daniel M. Connell Haber Polk Kabat, L.L.P ATTORNEYS FOR APPELLEES James E. Davidson Mary F. Geswein Ice Miller L.L.P. BEFORE: E.A. Gallagher, P.J., E.T. Gallagher, J., and Laster Mays, J. JOURNAL ENTRY AND OPINION EILEEN A. GALLAGHER, PRESIDING JUDGE {¶ 1} Plaintiff-appellant Carrie Rebello appeals from the trial court's judgment entering a directed verdict on her claim for wrongful discharge in violation of public policy against defendants-appellees Lender Processing Services, Inc., et al. (collectively, "LPS").[1] Rebello claims that she was wrongfully terminated in violation of public policy from her employment at LPS because she objected to, and threatened to, report LPS's practice of password sharing among LPS employees when accessing the nonpublic customer information of one of its largest clients, JPMorgan Chase Bank, N.A. ("Chase"). For the reasons that follow, we reverse the trial court's judgment. Procedural and Factual Background {¶ 2} LPS is in the business of providing processing, technology and field services to clients, including mortgage lenders and financial institutions. The services provided by LPS include inspections, property validation for repairs and services and loss mitigation in connection with...
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...Texas Administrative Code Title 25. Health Services Part 1. Department of State Health Services Chapter 91. Cancer Subchapter A. Cancer Registry Effective Date: August 14, 2011 §91.1. Purpose. This subchapter implements the Texas Cancer Incidence Reporting Act, Health and Safety Code, Chapter 82. This legislation concerns the reporting of cases of cancer for the recognition, prevention, cure or control of those diseases, and to facilitate participation in the national program of cancer registries established by 42 United States Code, §§280e - 280e-4. Nothing in this subchapter shall preempt the authority of facilities or individuals providing diagnostic or treatment services to patients with cancer to maintain their own cancer registries. §91.2. Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Act--The Texas Cancer Incidence Reporting Act, Texas Health and Safety Code, Chapter 82. (2) Branch--Cancer Epidemiology and Surveillance Branch of the department. (3) Cancer--Includes a large group of diseases characterized by uncontrolled growth and spread of abnormal cells; any condition of tumors having the properties of anaplasia, invasion, and metastasis; a cellular tumor the natural course of which is fatal, including intracranial and central nervous system malignant, borderline, and benign tumors as required by the national program of cancer registries; and malignant...
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...policy, or is just defining one now, it’s best to start simple. Many organizations use three categories: A category such as “Public” to indicate non-sensitive information An “Internal” category for information that should stay within the organization A category such as Confidential or Restricted for information that is particularly sensitive. The classification level assigned to data will guide data owners, data custodians, business and technical project teams, and any others who may obtain or store data, in the security protections and access authorization mechanisms appropriate for that data. Such categorization encourages the discussion and subsequent full understanding of the nature of the data being displayed or manipulated. Data is classified as one of the following: Public (low level of sensitivity) Access to “Public” institutional data may be granted to any requester. Public data is not considered confidential. Examples of Public data include published directory information and academic course descriptions. The integrity of Public data must be protected, and the appropriate owner must authorize replication of the data. Even when data is considered Public, it cannot be released (copied or replicated) without appropriate approvals. Sensitive (moderate level of sensitivity) Access to “Sensitive” data must be requested from, and authorized by, the Data Owner who is responsible for the data. Data may be accessed by persons as part of their job responsibilities. The...
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...PimaCommunityCollege District Office, Information Security Public Page 1 of 3 Data Classification Standards Purpose: To protect the confidentiality, integrity, and availability of Pima Community College data – pursuant to Data Trusteeship (SPG-5702/AB) and Security of the Information Technology Infrastructure (SPG-5702/AC) – through the identification of information that requires protection. Audience: All members of the Pima Community College community, including faculty, staff, and students. Sponsoring Unit: Vice Chancellor of IT, 2008. I. Definitions A. Responsible parties Data Trustees: Per SPG-5702/AB: “The accuracy and completeness of the data within the Enterprise Resource Planning systems are the responsibility of functional units of the College. All student information and grants systems data are assigned to the Office of the Provost. All finance data and payroll modules are assigned to the Office of the Executive Vice Chancellor of Administration. All human resources data, except payroll, are assigned to the Vice Chancellor of Human Resources. Data Stewards: Deans, vice chancellors, assistant vice chancellors, directors, managers or others as identified by the data trustees to manage a subset of data. Data Processor: Any individuals who have been authorized by a data steward to create, remove, or modify data. B. College data types The assessment criteria for the following classifications were derived from the National ...
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...accounting firm that prepares or issues an audit report with respect to a U.S. public company must register with the Public Company Accounting Oversight Board (PCAOB). Until recently, an accounting firm was required only to provide information current as of the initial registration date for the firm. Beginning on December 31, 2009, accounting firms were required to register with the PCAOB and file annual and current reports with the PCAOB. On August 13, 2009, the SEC approved the proposed rules with the original effective date of October 12, 2009, but on September 30, 2009, the PCAOB delayed the effective date to December 31, 2009. These parts implement the requirements of SOX section 102(d) that registered public accounting firms 1) report annual information about the firms and their audit practices, and 2) submit, as specified by the PCAOB or the SEC, more frequent information necessary to update the information previously filed with the PCAOB. Until now, the PCAOB had no requirement for annual reports or amendments to report material changes in initial registration information. The purposes of the new sections are 1) to keep the PCAOB up to date on a firm's basic professional information, such as name, location, licenses, and contact information; 2) to provide the PCAOB with current information regarding a firm's audit practice in order to facilitate analysis and inspection by the PCAOB and keep the public informed of such information; and 3) to alert the PCAOB of any events that...
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...private. The HIPAA was designed to protect the consumer. The Healthcare Information and Management Systems Society annual survey gave percentages of log sources. Firewall and Application Logs, servers, intrusion detection and network devices each accounting for over 60%. In addition the Storage area network survey notes a 15-20% increase of log data being collect every year due new regulations, increased log sources and inclusion of application logs. All of data that is collected from the logs is used to detect and prevent unauthorized access and insider abuse, to ensure regulatory compliance and for IT Troubleshooting and network operations. HIPAA requires audit controls, breach notifications, account management reviews, accounting of disclosures and information system activity reviews that drive the necessary logging and audits for corporations to stay in compliance. There are many challenges in terms of the volume of data or systems, lack of integrations, access, functionality, definition, data elements, correlation and data mapping. While there is still opportunities for improvement the field of data being collected is growing and HIPAA is a regulation that can address the barriers that are present. Being that there is steady increase in data collected every year and more than 60% of done electronically the need for HIPAA security policy is crucial. 2. The Security Rule establish a national set of security standards for protecting certain health...
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...PURCHASE AGREEMENT[1] ASSET PURCHASE AGREEMENT (the “Agreement”) entered into this ___ day of April, 2013, between Flyer International Corp., a Delaware corporation (“Buyer”), and Hill Universal Inc., a Delaware corporation (“Seller”). Capitalized terms used in this Agreement and not otherwise defined shall have the meanings set forth in Article 1. RECITALS WHEREAS, Buyer desires to purchase from Seller, and Seller desires to sell to Buyer, the Assets (as hereinafter defined), in each case in accordance with the terms and subject to the conditions of this Agreement; WHEREAS, Buyer and Seller (collectively, the “Parties”) desire to enter into this Agreement for the purpose of setting forth their mutual understandings and agreements with respect to the foregoing; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, hereby agree as follows: ARTICLE 1 DEFINITIONS For purposes of this Agreement, the following terms (and variations thereof) have the meanings specified or referred to in this Article 1: “Assets” means all owned tangible property (including, without limitation, machinery, equipment, furniture, automobiles, __________) used in operating the Facility and the Equipment as currently operated; “Best Efforts” means the efforts that a prudent Person desirous of achieving a result would use in similar...
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...conclusions relating to Wal-Mart. In addition, Wal-Mart will not restrict, deny or threaten to deny information or access to Wal-Mart representatives in an attempt to influence the research, recommendations or actions of any Investment Community Members. Wal-Mart will not review and provide comments on any securities analyst’s or research organization’s report on Wal-Mart or any other company before the report or rating analysis is published. Wal-Mart may review and provide comments (written or oral) to factual information that Investment Community Members provide Wal-Mart to confirm for factual accuracy of information regarding Wal-Mart. They will not hire or otherwise engage any securities analyst or research organization to produce any public research reports concerning Wal-Mart or compensate any Investment Community Member in any manner for producing any such report. Wal-Mart will not adopt any particular report regarding Wal-Mart prepared by any Investment Community Member. Wal-Mart typically will not confirm or deny rumors or market speculation concerning Wal-Mart so long as it is clear that Wal-Mart is not the source of the rumor or market speculation. No attempts in regards to...
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...the State of Delaware having executive offices at 1301 East Lookout Rd., Richardson, Texas 75082 (“Samsung”), and ________________, created and existing under the laws of the State of ______________________ having executive offices at _______________ (authorized “Reseller”). 1. SCOPE AND GRANT OF RIGHTS For authorized Products and subject to the terms herein, Reseller is hereby granted a personal, nontransferable, nonexclusive right to purchase from Samsung Authorized Distributors Accessories for Resale to End Users within the United States (“Territory”). In order to Resell Accessories through use of the internet, Reseller must be approved by Samsung and agree to additional terms and conditions. 2. DEFINITIONS For the purpose of this Agreement, certain terms have been defined below: a) “Accessories” means authorized Samsung Products; provided such authorizations shall be determined at the sole discretion of Samsung. For the avoidance of doubt, Accessories, as it is used herein, shall be limited to those products offered by Samsung Telecommunications America, LLC and does not include products offered by any other Samsung Telecommunications America, LLC affiliate. b) “Authorized Reseller” means a person or entity that is authorized in writing by Samsung to distribute and resell Accessories in accordance with Samsung policies, procedures and terms and conditions. c) “Distribute,” “Distribution,” “Resale” or “Resell” means the offer or sale of Accessories. d) “End User(s)” means a...
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...strict about some disclosures and can be circumvented easily, many people such as accountants, businessmen, and employees took advantage of it. These people may be blinded by their position that they are capable of doing their own dirty tricks. They also have their reasons why they wanted to try to benefit from their institution on themselves. Moreover, they also saw the opportunity in the weakness of the controls in the company so they knew how they will do it and conceal it. These ideas were in a way lessen as the accounting standards were amended due to the detection of numerous cases of accounting scandals at the start of the second millennium. More disclosures are now being asked from the companies in order for them to be transparent in their operations and be aware that the lawmakers are, now, more focus on them. However, even if more disclosures are being required by the accounting standards, some still have the guts to try to attempt in doing frauds. These people still see the opportunity and are still capable of doing it without even being obvious in the audit. In this era of quick developing technology, the idea of Information Technology (IT) audit is developed. Moreover, many see the need of it to address the time constraint for auditing the information systems of such large companies and to lessen the inherent risk of human error. It is to evaluate the ability of the entity to safeguard its information assets in order to disclose it to authorized people without affecting...
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...first time (1، 2). Thereafter, It was argued as “the right to be let alone” by Samuel Warren and Louis Brandies in 1890s, then it evolved as “informational privacy,” which is defined by Allen Westine suggesting it is considered as an individual’s right to control personal information(3). Privacy, confidentiality and security are three interwoven concepts concerning personal information. Privacy refers to determination of the authorized collection and storage of personal information, meanwhile, confidentiality indicate how organizational information may be collected or re-used and also explicate required conditions...
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...MFRS 110 to account for events after the reporting period either to: • Make adjustments in the financial statements • Prepare the necessary disclosures • Present the different types of events after the reporting period in the financial statements in compliance with MFRS110. Lecture outline • Introduction • Definitions • Types of Events -Adjusting Events -Non Adjusting Event • Other Issues -Date of authorization for issue -Dividends -Going concern -Disclosure Introduction • Bursa Malaysia requires large publicly traded companies to lodge their unaudited financial statements within 2 months of fiscal year-end and full financial statements within 4 months • Business continues during this “subsequent period” and events could take place that have an impact upon the firm’s financial statements for the preceding year • These events are referred to in the accounting literature as subsequent events or post-balance sheet events. Introduction • The IASB has released IAS 10, dealing specifically with the accounting for subsequent events. • IAS 10 requires that companies adjust the reported amount of assets and liabilities if events occurring after the balance sheet date provide additional information about conditions that existed at the balance sheet date. • IAS 10 requires that disclosure be made of significant subsequent events that is indicative of events that arose after the reporting date What is an event after the reporting ...
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...acceptable use of computer equipment within a DoD/Army organization. These rules are in place to protect the employee and the organization. Inappropriate use exposes DoD/Army units to risks including attacks, compromise of network systems and services, and legal issues. This policy applies to all employees, contractors, consultants, temporary employees, and other workers assigned to the DoD/Army organizations. 1. Understanding. I understand that I have the primary responsibility to safeguard the information contained in the Secret Internet Protocol Router Network (SIPRNET) and/or Non-secure Internet Protocol Router Network (NIPRNET) from unauthorized or inadvertent use, modification, disclosure, destruction, and denial of service. 2. Access. Access to this network is for official use and authorized purposes and as set forth in DOD Directives 5500.7-R, Joint Ethics Regulation (JER), AR 25-2 (Information Assurance) and Army network policy and accreditation. 3. Revocability. Access to Army Information Systems resources is a revocable privilege and is subject to content monitoring and security testing. 4. Classified information processing. SIPRNET is the primary classified Information System (IS) for Army units. SIPRNET is a classified only system and approved to process SECRET collateral information as SECRET and with SECRET handling instructions. a. The SIPRNET provides classified communication to external DoD agencies and other U.S. Government agencies via electronic mail. b. The...
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...Confidential Disclosure Agreement: This Agreement is entered into this 14th day of January, 2013 by and between Infinity Inc., with offices in Illinois (hereinafter "Recipient") and Heartlandangels.com, with offices in Illinois (hereinafter "Discloser"). WHEREAS Discloser possesses certain ideas and information relating to new energy technology that is confidential and proprietary to Discloser (hereinafter "Confidential Information"); and WHEREAS the Recipient is willing to receive disclosure of the Confidential Information pursuant to the terms of this Agreement for the purpose of investing in his company; NOW THEREFORE, in consideration for the mutual undertakings of the Discloser and the Recipient under this Agreement, the parties agree as follows: 1. Disclosure. Discloser agrees to disclose, and Receiver agrees to receive the Confidential Information. 2. Confidentiality. 2.1 No Use. Recipient agrees not to use the Confidential Information in any way, or to manufacture or test any product embodying Confidential Information, except for the purpose set forth above. 2.2 No Disclosure. Recipient agrees to use its best efforts to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person other than Recipient's employees having a need for disclosure in connection with Recipient's authorized use of the Confidential Information. 2.3 Protection of Secrecy. Recipient agrees to take all steps reasonably necessary to protect the secrecy...
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...professional will keep all information relating to a patient private, unless the patient gives consent for disclosure. Patients routinely share personal information with health care providers. If the confidentiality of this information were not protected, trust in the physician-patient relationship would be lessened. Patients would be less likely to share sensitive information, which could negatively impact their care. Creating a trusting environment by respecting patient privacy encourages the patient to seek care and to be as honest as possible during the health care visit (Bord, et al.). Confidentiality assures that private information will not be...
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