Cynthia Larose

Cynthia Larose

Mintz Levin

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Privacy Tuesday - November 2015: EU/Safe Harbor Updates

And the days dwindle down, to a precious few … November … We are still following developments in the EU relating to the invalidation of the US-EU Safe Harbor Framework. ...more

11/10/2015 - Data Protection Authority EU European Commission International Data Transfers Personal Data Standard Contractual Clauses US-EU Safe Harbor Framework

Data Breach Planning in 10 Easy Steps: How to Think Like A Litigator

For the first Tuesday in November, we have 10 easy steps to make sure that your data breach incident response planning is viewed from that pesky point of view of a litigator....more

11/3/2015 - Cyber Incident Reporting Cybersecurity Data Breach Data Breach Plans Data Privacy Data Protection Data Security Email Policies Personally Identifiable Information Popular Tone At The Top Training

5 Popular Cybersecurity Writers to Follow Right Now

For your convenience, a short list of JD Supra writers covering the myriad issues raised surrounding Cybersecurity, date privacy and protection, and related matters. ...more

10/23/2015 - Corporate Counsel Cybersecurity Data Breach Data Protection Popular

More Dominos Fall on the Data Protection Table

As all of our readers know by now, as of October 6, the US-EU Safe Harbor Framework is no more. Safe Harbor was the mechanism on which thousands of US companies (and thousands of companies based in the European Union)...more

10/22/2015 - Data Privacy Data Protection Data Protection Authority Data Security EU EU Data Protection Laws European Court of Justice (ECJ) International Data Transfers Israel Model Contracts Personal Data SCC Schrems v Data Protection Commissioner Switzerland US-EU Safe Harbor Framework

EU Data Protection Authorities Issue Joint Statement on Invalidation of Safe Harbor: Not Much Help Here

The so-called “Article 29 Working Party” of EU Data protection officials from the 28 EU member states today released a much-anticipated press release regarding the Court of Justice of the European Union (CJEU) landmark...more

10/19/2015 - Article 29 Working Group Binding Corporate Rules Data Privacy Data Protection Authority Data Security Enforcement Actions EU EU Data Protection Laws European Commission European Court of Justice (ECJ) International Data Transfers Model Contracts Personal Data SCC US-EU Safe Harbor Framework

Privacy Monday, September 28, 2015: More on US-EU Safe Harbor — what’s next?

We will be following up our post last week regarding the latest US-EU Safe Harbor decision out of Europe with further analysis both from the Mintz Privacy team and our international network of privacy specialists. Our...more

9/28/2015 - Advocate General Consent Data Privacy Data Protection Authority Data Security Edward Snowden EU EU Data Protection Laws European Court of Justice (ECJ) Facebook FTC International Data Transfers U.S. Commerce Department US-EU Safe Harbor Framework

Privacy Tuesday – August 24, 2015 – FTC vs. Wyndham Update

Rather than our usual Privacy Monday “bits and bytes,” we have a breaking story relating to the ongoing Wyndham/FTC saga. Today, Wyndham Worldwide Corp. lost a critical round in the Third Circuit. Anticipated since...more

8/25/2015 - Best Practices Credit Cards Cybersecurity Data Breach Data Privacy Data Security FTC FTC v Wyndham FTCA Personally Identifiable Information Section 5 Unfair or Deceptive Trade Practices Wyndham

Breaking News: Target to Settle Data Breach Claims of Visa Card Issuers for $67 Million

Target has announced that it has entered into a settlement with Visa to resolve claims of issuers of Visa credit and debit cards arising from Target’s November 2013 data breach. The proposed settlement will pay issuers of...more

8/19/2015 - Damages Data Breach Data Privacy Settlement Target Visa Inc

Privacy Tuesday – August 2015

While you enjoy what is left of the summer of 2015, we will kick off your week with a few privacy and security bits and bytes....more

8/4/2015 - Cyber Threats Cybersecurity Data Privacy Data Protection Data Security FDA Hackers Healthcare Facilities Hospitals Medical Devices NAIC Nursing Homes Personally Identifiable Information

Change in the Prevailing Winds in Consumer Data Breach Cases?

Seventh Circuit Rules Consumers Have Standing to Sue in Neiman Marcus Payment Card Data Breach Case - In Remijas v. Neiman Marcus Group, LLC, the Seventh Circuit reversed a district court decision dismissing consumer...more

7/22/2015 - Appeals Article III Clapper v. Amnesty International Class Action Data Breach Debit and Credit Card Transactions Imminent Harm Neiman Marcus Retailers Spokeo v Robins Standing

Federal Court Dismisses (Without Prejudice) CNA’s Cyber Insurance Lawsuit

We previously reported that CNA filed a lawsuit against its insured Cottage Health System seeking reimbursement of amounts that it previously paid under Cottage’s cyber liability insurance policy. On Friday, a federal...more

7/22/2015 - CNA Cyber Insurance Mediation

Privacy Monday – July 2015

Welcome to the dog days of summer 2015. Three privacy & security bits and bytes to start your week (if you are reading this on vacation … good for you!) 1. ICYMI: Massive Data Breach at OPM Claims Victim — The Director...more

7/14/2015 - China Cyber Attacks Cyber Threats Cybersecurity Cybertheft Data Breach Data Protection Office of Personnel Management (OPM) Personally Identifiable Information Russia Third-Party United Nations

Recognizable Faces Disappear from Facial Recognition Meetings

Facing “industry stakeholders [that] were unable to agree on any concrete cenario” in which affirmative consent should be obtained from individuals before employing facial recognition technologies, nine consumer advocacy...more

6/25/2015 - Consumer Privacy Bill of Rights Facial Recognition Technology Telecommunications

Privacy Tuesday – June 2015

It’s appropriate that the “boys of summer” feature prominently in today’s post. Strike three for the St. Louis Cardinals? On another summer Privacy Monday in 2014, we made note of a reported hack into the Houston...more

6/23/2015 - Books & Records Cyber Attacks Cybersecurity Data Breach Data Protection Home Depot Houston Astros

New Hampshire Establishes Privacy Protections for Student Online Personal Information

California again has provided a model of privacy legislation for other states to follow. New Hampshire Governor Maggie Hassan recently signed into law House Bill 520 (the “Bill”), a bipartisan effort to establish guidelines...more

6/18/2015 - Data Collection Data Protection De-Identification Internet Mobile Apps Student Privacy Students

Connecticut Amends Data Breach Notification Law

In the absence of any meaningful moves in Congress to enact uniform data breach notification, the states continue to make adjustments to existing laws to better protect affected residents in their states. Connecticut is...more

6/16/2015 - Breach Notification Rule Cyber Attacks Cybersecurity Data Breach Data Protection

Privacy Tuesday – June 2015 – OPM Hack

The news continues to pour in about the two-part massive hack into the federal government’s Office of Personnel Management (OPM) and the compromise of personal information of millions of present and former federal...more

6/16/2015 - Cyber Attacks Cybersecurity Data Breach Hackers Office of Personnel Management (OPM)

UPDATE: Union Claims that Hackers Have Accessed Personal Data of “All” Federal Employees

As an update to our blog post, “Data Breach Affects Millions of Current and Former Government Workers”, a union representing federal workers is now claiming that the hack may be worse than originally feared. Yesterday, the...more

6/15/2015 - Cyber Attacks Cybersecurity Data Breach Federal Employees Hackers Unions

Privacy Tuesday – June 2015 – Courts Affirm Insurers’ Denial of Coverage for Electronic Data Claims  

In the last month, both a federal and state court denied coverage for claims relating to an insured’s handling of electronic data. In the first case, a federal court held that there was no coverage under a cyber insurance...more

6/2/2015 - Commercial General Liability Policies Credit Cards Cyber Insurance Cybersecurity Data Protection Duty to Defend Electronically Stored Information Errors and Omissions Policy IBM Security Risk Assessments Travelers Property Casualty Co.

CNA Denies Cyber Insurance Claim

Key takeaway: The insurance applications and underwriting questionnaires prepared in connection with cyber insurance do matter. Cyber security, and cyber insurance, have dominated the industry headlines for several...more

5/20/2015 - Class Action CNA Cyber Insurance Cybersecurity Data Breach Data Protection Insurance Industry Liability Insurance Policy Exclusions

Privacy Monday – May 18, 2015

It’s Monday morning — do you know your privacy/security status? Here are a few bits and bytes to start your week. SEC to Registered Investment Advisers and Broker-Dealers: It’s Your Turn to Pay Attention to...more

5/18/2015 - Advertising Broker-Dealer Brokers China Cyber Attacks Cybersecurity Data Protection Digital Advertising Alliance Investment Adviser Investment Companies Mobile Apps Penn State SEC

Fitbit Files for IPO: Cybersecurity Risk Disclosure

Fitbit, the fitness-tracking company with six wearable devices that track and collect data about things like calories burned, steps logged, “quality” of sleep and sleep patterns, heart rate, etc.) as well as web and mobile...more

5/11/2015 - Cybersecurity Disclosure Requirements Fitbit IPO Popular SEC

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