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The Mintz Matrix – September 2017

As data breaches dominate national headlines it remains important as ever for businesses to invest in security and to be ready to respond if a breach occurs. Part of your preparedness program should be staying current on data...more

Equifax Breach: Three Takeaways from the First Four Days

On September 7, 2017, Equifax, one of the three large credit reporting bureaus, announced a cybersecurity incident impacting approximately 143 million U.S. consumers. According to Equifax, the breach occurred mid-May through...more

US-CERT Warns of Potential Hurricane Harvey Phishing Scams

As if the devastating effects of Hurricane Harvey are not bad enough, the United States Computer Emergency Readiness Team (US-CERT) of the Department of Homeland Security is warning of a different threat: falling victim (or...more

The FTC’s Uber Consent Order: A Warning to Fast-Growing Companies

Recently, Uber agreed to a proposed Federal Trade Commission (FTC) consent order (“Consent Order”) to settle charges in an FTC complaint (“Complaint”) regarding behavior stemming back to at least 2014. Acting Chairman Maureen...more

Are You Ready for the New York August 28th Compliance Deadline?  

If you are one of the many businesses licensed by the New York Department of Financial Services (DFS), and cannot avail yourself of the (very) limited exemptions, you must be ready for the first compliance transition date for...more

FTC Asked to Investigate Google’s Matching of “Bricks to Clicks”

Recently, the Electronic Privacy Information Center (“EPIC”) asked the FTC to begin an investigation into a Google program called “Store Sales Management.” The purpose of Store Sales Management is to allow for the matching...more

Retailers: Review Those Checkout Practices – Again

If you are a retailer with locations in New Jersey, you will need to review your procedures in anticipation of a new law effective October 1, 2017....more

Court Holds Crime Policy Covers Business Compromise Email Loss

The “business compromise email” is what the FBI calls the “$5 billion scam,” but apparently an insurance company did not agree with an insured company that they had been the victim of a crime....more

Five Questions for Investors in Insurtech

Decisions you make when founding and/or investing in an insurtech venture can dictate your regulatory obligations, tax liability, operational structure and, ultimately, profitability. Here are five seemingly simple...more

Oregon Ramps up State Consumer Protections in an Era of Deregulation

Oregon’s legislature recently expanded the scope of statutory consumer protections by passing a bill to amend the state’s Unlawful Trade Practices Act (the “Act”). Recently, Oregon’s Governor Kate Brown signed H.B. 2090 into...more

Target Reaches $18.5 Million Dollar Settlement in Data Breach with States

It seems as though we have been writing about this case for a lifetime. Target Corporation’s data breach saga came one step closer to a conclusion this week. On Tuesday, Target reached an $18.5 million settlement with 47...more

#MLWashingtonCyberWatch: The Cybersecurity Executive Order (at last)

Amid the flurry following former FBI Director James Comey’s firing last week, President Trump marked his 111th day in office on Thursday, May 11th by signing an executive order targeting national cybersecurity....more

Yesterday, #WannaCry. Today, #DocuSignPhish

Another day, another data incident. If you use DocuSign, you’ll want to pay attention. The provider of e-signature technology has acknowledged a data breach incident in which an unauthorized third party gained access to...more

Global Ransomware Attack Update

We’ve been following the latest on the WannaCry ransomware attack that we first told you about over the weekend. A feared “second strike” did not materialize today, but victimized firms in over 100 countries are still...more

Ransomware Attack – Quick Facts

By now, you may have heard about the global ransomware attacks affecting health care and other organizations throughout the world, in particular the United Kingdom, but also in the United States. The ransomware variant,...more

WannaCry Ransomware Attack Updates — Europol Says “Patch Before Monday”

UPDATE: Europol chief Rob Wainwright told the BBC, “Companies need to make sure they have updated their systems and ‘patched where they should’ before staff arrives for work on Monday morning.” By now, you may have...more

States Take Action! New Mexico, Tennessee and Virginia Pass New Data Breach Legislation

After a quiet winter there has been significant activity in state legislatures to enact, strengthen or clarify their data breach notification statutes. The latest happenings are summarized below and we have updated our “Mintz...more

Better Late Than Never: New Mexico on the Cusp of Enacting Data Breach Notification Statute

We are anxiously waiting to learn the fate of the data breach notification statute recently passed by state lawmakers in New Mexico. The bill remains on the desk of the governor who has until the end of the week to sign the...more

March Fadness: Wearable Tech in the Workplace

Wearable technology continues to do a full court press on the marketplace and in the process, the step counters of the world and health apps tied to devices capable of tracking real-time biostatistics, are revolutionizing the...more

More Broken Privacy Promises from Upromise: Key Takeaways From Upromise’s Latest Settlement with the FTC

“Don’t make promises that you don’t intend to keep” is an admonishment received by every child and delivered by every parent. This pithy maxim is equally applicable to consent orders entered into with regulatory authorities....more

Avoiding Employee Data Breaches Has Nothing to Do With Luck .....

You may have already had your bracket busted by now…..but you should have Mintz Levin’s Third Annual Employment Law Summit on your schedule and the panel on Cybersecurity and Employee Data Breaches may help you avoid a...more

Cloudbleed: Three Risk Management Lessons Learned 

Recently, a Google researcher discovered a serious flaw with the content delivery network (CDN) provided by CloudFlare. This vulnerability has now become known as Cloudbleed, in a nod to the earlier Heartbleed SSL...more

Advice to Healthcare Providers on Ransomware from the Head of the FBI

On Wednesday, March 8, James B. Comey, Director of the FBI, was at Boston College to deliver the keynote address for the inaugural Boston Conference on Cyber Security (BCCS 2017). Director Comey addressed various industry,...more

A Deep Dive into Privacy/Security Disclosures in Snap’s S-1

Last week, Snap Inc. (“Snap” or the “Company”) – the parent company of the wildly popular app Snapchat (“Snapchat” or the “App”) – became a publicly traded company on the New York Stock Exchange in the biggest tech IPO since...more

It’s March 1: The Cybersecurity Goal Post Has Been Moved

In an effort to combat the growing prevalence of large-scale corporate cyberattacks, the New York Department of Financial Services (“NYDFS”) is rolling out a revamped cybersecurity regulation for financial services companies...more

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