Craig Hoffman

Craig Hoffman

BakerHostetler

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The BakerHostetler Data Security Incident Response Report 2015

The rate of disclosures of security incidents in 2015 continues at a pace that caused many to call 2013 and then 2014 “the year of the breach.” Most incidents are described publicly with attention-grabbing terms such as...more

5/13/2015 - Annual Reports Best Management Practices Cybersecurity Data Breach Data Protection Risk Assessment Risk Mitigation

2015 BakerHostetler Incident Response Report Deeper Dive—Retailer Liability Arising from Stolen Payment Cards

We released the inaugural BakerHostetler Data Security Incident Response Report, which provides insights generated from the review of more than 200 incidents that our attorneys advised on in 2014. Over the next four weeks, we...more

5/13/2015 - Credit Cards Data Breach Debit Cards Encryption Liability PCI-DSS Standard Retailers

Dear Lawmakers, Your New Breach Notice Laws Should Address These Issues

The days of companies being so afraid of the reputational impact of a breach that they would look for any way possible to avoid disclosure are gone. The pendulum has swung in the opposite direction. Now companies, often in...more

1/21/2015 - Breach Notification Rule Data Breach Legislative Agendas

Ruling Gives New Life to Bank Claims Against Breached Retailers in Target Case

One common occurrence after the disclosure by a retailer of a breach affecting card present payment card data used to be the filing of claims by banks that issued payment cards affected by the incident. The banks bringing the...more

12/4/2014 - Banks Data Breach Debit and Credit Card Transactions Fraudulent Charges Negligence Putative Class Actions Retailers Target

What’s Old is New Again—Insecure Remote Access

When a merchant is suspected of being the victim of an account data compromise event, they are often required by the card brands to hire a Payment Card Industry Forensic Investigator (PFI). The PFI provides a report on the...more

7/23/2014 - Credit Cards Data Breach Data Protection Point of Sale Terminals

What is “Expedient” Notification of a “Data Breach?”

One of the first questions companies ask us when we are hired to help them respond to a new security incident is how fast they have to notify if the investigation shows that a “breach” occurred. Except for a couple of states...more

2/13/2014 - Breach Notification Rule Compliance Data Breach Data Protection Employer Liability Issues

Visa Loses Motion to Dismiss in Genesco Case - Are the Days for PCI Assessments Numbered?

In a highly anticipated decision, a federal court in Tennessee let stand a retailer’s claims against Visa for violation of California’s Unfair Competition Law (UCL) and for common law claims for unjust enrichment and...more

7/30/2013 - Data Breach Data Theft Fines Motion to Dismiss PCI Restitution Unfair Competition Unjust Enrichment Visa Inc

Do Merchants That Outsource Payment Processing Still Have Risk From a Breach?

Last week a small New England bakery announced that its point-of-sale (POS) devices were infected with malware that may have put card data at risk....more

2/11/2013 - Credit Cards Cybersecurity Data Breach Data Protection Debit and Credit Card Transactions Notice Requirements Notifications PCI PFI

Bank Agrees to Reimburse Company for Funds Taken Through Online Bank Account Theft

We reported in July on a First Circuit Court of Appeals decision finding that a bank failed to implement commercially reasonable security methods to prevent unauthorized transfers by a criminal that gained the online banking...more

12/6/2012 - Bank Security Procedures Data Breach Data Protection Financial Institution Liability Hackers

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