Cynthia Larose

Cynthia Larose

Mintz Levin

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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 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 Insurers 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

Breaking Down the DOJ Cybersecurity Unit’s Guidance on Responding to Cyberattacks

Another federal agency has weighed in with “guidance” on cybersecurity preparation and breach response. The Department of Justice (DOJ) is the latest to issue guidance on how companies should respond to data breaches. The...more

5/8/2015 - Corporate Counsel Cyber Attacks Cybersecurity Data Breach DOJ New Guidance NIST Risk Assessment Risk Mitigation

NAIC Adopts Cybersecurity Regulatory Principles – What’s Important to the Regulators

File this under: A View Into What the Regulators Deem Important. The National Association of Insurance Commissioners (NAIC), the standard-setting organization in the U.S. insurance industry created and governed by the chief...more

5/4/2015 - Cybersecurity Insurance Industry NAIC New Guidance Popular Regulatory Standards

FTC Takes Action Against Retail Tracking Start-Up Nomi Technologies

On Thursday, April 23, the FTC settled deception charges against start-up Nomi Technologies, Inc. related to Nomi’s in-store, sensor-based, tracking technology.1 This is the first FTC enforcement action against emerging...more

4/30/2015 - Corporate Counsel Data Collection Enforcement Actions FTC Mobile Devices Mobile Privacy Popular Retailers Web Tracking Young Lawyers

Privacy Tuesday – April 2015 #3

Some privacy & security bits and bytes to start your week: FCC to Hold Public Workshop on Broadband Consumer Privacy Tomorrow - Over the last several months, the Federal Communications Commission has taken on a...more

4/28/2015 - Broadband Customer Proprietary Network Information (CPNI) Cybersecurity Data Collection Data Protection FCC Federal Communications Act Internet Mobile Broadband Services Mobile Devices SEC

FCC Chairman Tom Wheeler Speaks about Cybersecurity at RSA Conference

As cyber week continues in Washington, Federal Communications Commission Chairman Tom Wheeler traveled to the west coast to speak about cybersecurity at the RSA Conference in San Francisco. Wheeler noted that the FCC has...more

4/23/2015 - Cyber Attacks Cybersecurity FCC New Legislation NIST

It’s Cyber Week in Washington, DC — and RSA Conference Week in San Francisco

Security is on the agenda from coast to coast this week. Cybersecurity information sharing legislation will hit the House floor this week. H.R. 1731, the National Cybersecurity Protection Advancement Act was reported...more

4/22/2015 - Cybersecurity DHS Information Sharing Pending Legislation Technical Conference

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