Product Description

Recent updates:

• Update: April 2025

  Dear Subscriber:

  Thank you for choosing to keep your copy of Trying OUI and Other Motor Vehicle Offenses in Massachusetts for 2025 with this second edition. Inside, you will find new material on such topics as the following:

  • Immediate threat revocations. See chapter 2 for discussion of the registry's imposition of indefinite immediate threat suspensions. There is commentary on whether District Court judges possess authority to or-der the registry to terminate such suspensions.

  • Extraterritorial pursuit. See chapter 3 for discussion of the collective knowledge doctrine, where an officer may make an arrest based on shared observations of other officers. The chapter offers a 2023 case de-cision announcing a new rule for the horizontal collective knowledge doctrine.

  • Actions to take at the outset of representation. Chapter 4 provides highly practical and detailed guidance for instances where a client charged with OUI drugs was not properly advised of their rights. An exhibit in this chapter offers a sample motion and affidavit to preserve a defendant's rights, along with practice tips on whether to file a motion to dismiss based on a failure to have so advised the defendant.

  • OUI related to alcohol or drugs. Chapter 6 offers several recent Supreme Judicial Court and Appeals Court case decisions.

  • "Operation" of a vehicle. Chapter 7 contains information on the mechanical or electrical operation of a vehicle and offers a 2025 case addressing a jury's reasonable inference regarding operation based on the engagement of electronic devices within the vehicle.

  We at MCLE trust that you will find this 2025 edition to be useful in your law practice and valuable in maintaining the currency of your law library.

  Cordially,

  MCLE Press

Table of Contents

Chapter 1 expand

Conceptions of Privacy and Security in a Digital World

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Stephen Y. Chow, Esq., S.M. (Physics), Stephen Y. Chow, PC

Chapter 2 expand

The Electronic Communications Privacy Act

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Peter J. Guffin, Esq., Pierce Atwood LLP
Vivek J. Rao, Esq., Pierce Atwood LLP

Exhibit 2A

- Wiretap Report 2019 Buy Form

Chapter 3 expand

Computer Fraud and Abuse Act

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Alexandra Capachietti, Esq., Trial Court/Administrative Office
Brooke A. Penrose, Esq., Day Pitney LLP
Howard J. Susser, Esq., ArentFox Schiff LLP

Exhibit 3A

- 18 U.S.C. § 1030, Fraud and Related Activity in Connection with Computers Buy Form

Chapter 4 expand

Fair Credit Reporting Act; Fair and Accurate Credit Transactions Act

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Gary Klein, Esq., Office of the Attorney General, Commonwealth of Massachusetts
Jared Rinehimer, Esq., Data Privacy and Security Division, Office of the Attorney General of MA

Chapter 5 expand

The Gramm-Leach-Bliley Act (GLBA)

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Ellen M. Giblin, Esq., Privacy Hub LLC

Exhibit 5A

- Regulatory Enforcement Authority for the Privacy, Safeguards, and Pretexting Rules Buy Form

Exhibit 5B

- Model Privacy Notice Form: Opt Out Buy Form

Exhibit 5C

- Model Privacy Notice Form: No Opt Out Buy Form

Chapter 6 expand

Information Security in Health Care: HIPAA and HITECH

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David S. Szabo, Esq., Locke Lord LLP

Exhibit 6A

- HIPAA Security Standards Matrix Buy Form

Chapter 7 expand

Congressional Response to the Internet

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Patrick J. Concannon, Esq., Nutter McClennen & Fish LLP

Chapter 8 expand

The Federal Trade Commission

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Stephen Y. Chow, Esq., S.M. (Physics), Stephen Y. Chow, PC

Exhibit 8A

- Red Flags Rule Guidelines Buy Form

Exhibit 8B

- GLBA Safeguards Rule Information Protection Program Elements Buy Form

Exhibit 8C

- FTC Health Information Breach Notification Rule Buy Form

Chapter 9 expand

Survey of State Data Security and Privacy Law

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Stephen Y. Chow, Esq., S.M. (Physics), Stephen Y. Chow, PC

Chapter 10 expand

Massachusetts Data Security Law and Regulations

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Amy Harman Burkart, Esq., Jones Day
C. Max Perlman, Esq., Gunderson Dettmer

Exhibit 10A

- Frequently Asked Questions Regarding 201 C.M.R. § 17.00 Buy Form

Exhibit 10B

- A Small Business Guide: Formulating a Comprehensive Written Information Security Program Buy Form

Exhibit 10C

- Standards for the Protection of Personal Information of Residents of the Commonwealth—201 C.M.R. § 17.00 Buy Form

Exhibit 10D

- OCABR 201 C.M.R. § 17.00 Compliance Checklist Buy Form

Exhibit 10E

- Personal Information: A Graphical Representation Buy Form

Exhibit 10F

- Helpful Websites Buy Form

Chapter 11 expand

Consumer/Retail Issues

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Stephen Y. Chow, Esq., S.M. (Physics), Stephen Y. Chow, PC

Chapter 12 expand

Network Service Providers

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Stephen Y. Chow, Esq., S.M. (Physics), Stephen Y. Chow, PC

Exhibit 12A

- Service Provider Data Security Questionnaire Buy Form

Chapter 13 expand

Vendors and Business Associates

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Exhibit 13A

- HIPAA Privacy and Security Compliance Agreement Buy Form

Chapter 14 expand

Cyber Risk Insurance and Risk Management

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James A. Kitces, Esq., Robins Kaplan LLP

Chapter 15 expand

Privacy and Security in M&A Transactions

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Kathleen M. Porter, Esq., Robinson+ Cole LLP

Exhibit 15A

- Sample Initial Due Diligence Request List for Privacy and Security M&A Buy Form

Exhibit 15B

- Sample Agreement Provisions for Privacy and Security Buy Form

Exhibit 16A

- House of Representatives Resolution 835 Buy Form

Chapter 16 expand

Current Developments

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Stephen Y. Chow, Esq., S.M. (Physics), Stephen Y. Chow, PC

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