Cynthia Larose

Cynthia Larose

Mintz Levin

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The February 2017 Update – The Mintz Matrix

During 2016, amendments to breach notification laws in five states went into effect (California, Nebraska, Oregon, Rhode Island and Tennessee). And by the end of last year, well over twenty states had introduced or were...more

2/17/2017 - Breach Notification Rule Data Breach Data Security Encryption Notification Requirements Personal Data Personal Information Protection Act Safe Harbors Security Breach State Data Breach Notification Statutes

Who is Watching you Watch TV? If You Have VIZIO … Your TV Might Be Watching You

What does your TV-watching history say about you? According to a recent lawsuit against VIZIO, Inc., it might be more than you think! One of the world’s largest sellers of “smart” televisions has recently paid a $2.2 million...more

2/14/2017 - Data Collection Disclosure Requirements FTC Personal Data Prior Express Consent Privacy Concerns Smart Devices Technology Technology Sector Television Programming Tracking Systems VIZIO

It’s Tax Time – Don’t be Phished

It’s that taxing time of the year. Employees have received W-2 forms and the tax filing season has begun in earnest. And, as night follows day, last year’s W-2 spear-phishing scam has returned. The IRS and state tax...more

2/2/2017 - Cybersecurity IRS Phishing Scams W-2

SEC May Leverage Investigation of Yahoo! Data Breaches to Clarify Prior Guidance

The Securities and Exchange Commission (SEC) is investigating whether Yahoo! should have reported the two massive data breaches it experienced earlier to investors, according to individuals with knowledge. The SEC will...more

1/27/2017 - Breach Notification Rule Cybersecurity Data Breach SEC Verizon Yahoo!

#MLWashingtonCyberWatch: Nominees Discuss Future of Cybersecurity

With Inauguration Day upon us, it’s time for a #MLWashingtonCyberWatch update. President-elect Donald Trump has vocalized his support for the future of “cyber” throughout his campaign – but how will members of his cabinet...more

1/20/2017 - Attorney Generals Congressional Nominations Cybersecurity DHS Nominee Directors Trump Administration

FTC Takes Action Against D-Link for Deceptive Practices Endangering the IoT

The U.S. Federal Trade Commission (“FTC”) has filed a lawsuit against device manufacturer D-link for allegedly deceiving the marketplace about the security of its products and, in turn, unfairly placing customer privacy at...more

1/13/2017 - Cybersecurity Data Protection FTC Hackers Internet of Things Manufacturers NIST

The FINRA WORM Turns

It’s a new year, and time for the Financial Industry Regulatory Authority (FINRA)’s annual Regulatory and Examination Priorities Letter (the “2017 Letter”) We remind regulated entities of this list of examination...more

1/6/2017 - Cybersecurity Electronically Stored Information FINRA

New York Delays Cybersecurity Rules for Banks/Insurers Until March 1, 2017

The New York State Department of Financial Services has announced — much to the relief of the multitude of financial services companies and insurers regulated by DFS — that it will revamp its recently proposed cybersecurity...more

1/5/2017 - Banks Cybersecurity Department of Financial Services Financial Institutions Financial Services Industry NYDFS

#MLWashingtonCyberWatch: 2017 FTC and Google Complaint

Google’s recent changes to its privacy policy are coming under fire from a complaint filed late last year with the Federal Trade Commission (“FTC”) that accuses the company of downplaying “transformational change” in its...more

1/4/2017 - Data Collection Federal Trade Commission Act FTC Google Personally Identifiable Information Privacy Policy Section 5 Unfair or Deceptive Trade Practices

#MLWashingtonCyberWatch: White House Releases Cybersecurity Report Aimed at New Administration

The Obama White House has grappled with cybersecurity more than any administration in history: China’s 2009 hack of Google, the 2015 Office of Personnel Management breach, and the recent investigation of Russian cyberattacks...more

12/14/2016 - Cybersecurity Obama Administration Research and Development Strategic Planning Trump Administration

House Energy & Commerce Committee Holds Hearing on Security of the Internet of Things

The growing scale of cybersecurity concerns is prompting action from government leadership on the federal level. Before the Thanksgiving recess, the House’s Committee on Energy and Commerce got in on the act when two of its...more

12/1/2016 - Cybersecurity Data Breach Distributed Denial of Service Internet of Things

The Cyber President? What To Expect From the Trump Administration On Cybersecurity And Privacy

Even president-elect Donald Trump has been the victim of a data breach. Several times actually. The payment card system for his Trump Hotel Collection was infected by malware in May 2014 and 70,000 credit card numbers were...more

11/17/2016 - Cybersecurity Cybersecurity Information Sharing Act (CISA) Data Security EU Data Protection Laws EU-US Privacy Shield Internet of Things Presidential Elections Trump Administration US-EU Safe Harbor Framework

California AG Guidance for the Ed Tech Industry: 6 Recommendations to Protect Student Data Privacy

Developers and operators of educational technology services should take note. Just before the election, California Attorney General Kamala Harris provided a document laying out guidance for those providing education...more

11/16/2016 - Data Collection Data Privacy Data Security Data Use Policies Privacy Policy Safeguards Rule Students Transparency

How did the Internet of Things allow the latest attack — on the Internet?

Over the last week, details have become available to explain how an attack against a well-known domain name service (DNS) provider occurred. What about the potential legal risks? We will attempt to provide insights into...more

10/28/2016 - Cybersecurity Denial of Service Attacks Domain Names Internet Internet of Things

FCC Adopts Controversial Broadband Privacy Regs

BREAKING NEWS – The FCC has voted 3-2 along party lines to require internet service providers (ISPs) to get a customer’s explicit consent before they can use or share what is termed “sensitive” personal information. ...more

10/28/2016 - Broadband Consent FCC Internet Service Providers (ISPs)

3 Guidelines to Maximize Value of Data

Imagine you are the CEO of company sitting across from an interviewer. The interviewer asks you the age old question, “So tell me about your company’s strengths and weaknesses?” You start thinking about your competitive...more

10/24/2016 - Cybersecurity Data Breach Data Collection Data Protection Data Security

Attorney General Kamala D. Harris Provides New Online Tool to Report California Online Privacy Protection Act (CalOPPA) Violations

It’s time for a compliance check on those website or mobile app privacy policies, before the California Attorney General comes knocking. Attorney General Kamala D. Harris has announced the release of a new tool for...more

10/20/2016 - Attorney Generals CalOPPA Kamala Harris Mobile Apps Online Privacy Protection Act Penalties Policy Violations Privacy Policy Websites

Three Steps to the Right Cloud for Your Business

The term “cloud computing,” — a process by which remote computers are used to store, manage and process data — is no longer an unfamiliar term. According to at least one estimate, “approximately 90 percent of businesses...more

10/4/2016 - Cloud Computing Cloud Storage Data Privacy Data Security Personal Data

TechConnect - Your Law Firm Link to Industry News - September 2016

Letter from the Editors - Dear Readers, The world of raising capital for emerging companies has experienced a revolution. Prior to the enactment of the JOBS Act in 2012, raising capital for private companies was...more

9/29/2016 - Capital Raising Crowdfunding Crowdsourcing Data Breach Data Security Dwolla E-2 Entrepreneurs FinTech Good Faith H-1B Innovation IPO JOBS Act Parole Privacy Laws Private Placements Public Offerings Rule 506 Visas

New York Proposes First-Ever Cybersecurity Regulation for Financial Institutions

The New York Department of Financial Services recently announced a new proposed rule, which would require financial institutions and insurers to implement strong policies for responding to cyberattacks and data breaches. ...more

9/19/2016 - Cyber Attacks Cybersecurity Data Breach Financial Institutions Financial Sector

Summer Round-Up: Four States Bolster Data Breach Notification Laws and More Changes on the Way

As has become typical in the data security space, there was quite a bit of activity in state legislatures over the previous year concerning data breach notification statutes. Lawmakers are keenly aware of the high profile...more

9/6/2016 - Attorney Generals Breach Notification Rule Data Breach Data Security Encryption Personally Identifiable Information Safe Harbors Security Breach State Data Breach Notification Statutes State Legislatures

Eddie Bauer Latest Victim of POS Malware Attack

Last week the clothing retailer Eddie Bauer LLC issued a press release to announce that its point of sale (“POS”) system at retail stores was compromised by malware for more than six months earlier this year. The...more

8/23/2016 - Cybersecurity Data Breach Malware Point of Sale Terminals Retail Sales State Data Breach Notification Statutes

To Protect Data: Keep Your Network Access Close, and Your Vendors Closer

Two recent data breach incidents in the healthcare industry prove what readers of this blog have heard all too often: KNOW THY VENDORS....more

8/9/2016 - Cyber Attacks Data Breach HIPAA Hospitals Point of Sale Terminals Third-Party Risk Vendors

“Privacy Shield” Open For Business – Fees?

The certification forms for the new US-EU Privacy Shield Framework are now available online. What is not easily discernible in the workflow is the fee structure. One needs to refer back to the Federal Register’s...more

8/2/2016 - EU EU-US Privacy Shield Federal Register Fees International Data Transfers

FTC Plants A Flag With LabMD Ruling: What This Means for Enforcement

On Friday, the heads of the Federal Trade Commission overruled the decision of the Administrative Law Judge (“ALJ”) in In the Matter of LabMd., Inc. The FTC concluded that the ALJ had erred in dismissing the Commission’s case...more

8/1/2016 - Actual Injuries ALJ Corporate Counsel Data Security Enforcement Actions FTC FTC Act LabMD Risk Assessment Section 5 Unfair or Deceptive Trade Practices

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