Cynthia Larose

Cynthia Larose

Mintz Levin

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FinTech Companies Face Big Privacy Challenges in 2016

According to the FBI, “there are only two types of companies: those that have been hacked and those that will be.” It does not take an actual data breach, however, for a company to be liable for its data security practices. ...more

7/20/2016 - CFPB Cybersecurity Data Breach Data Collection Data Privacy Data Security Dwolla FinTech FTC v Wyndham Hackers Personal Data Privacy Laws

EU Adopts Cybersecurity Directive: What US Companies Need to Know

Not all the news coming out of Europe these days is about Brexit. In fact, the forces of unity and harmonization remain a top priority for European regulators hoping to combat digital security threats and create a safer and...more

7/11/2016 - Amazon Cyber Incident Reporting Cyber Threats Cybersecurity Digital Service Providers Digital Single Market eBay EU European Commission Google International Harmonization Member State Multinationals Network and Information Security Directive Operators of Essential Services

Colorado Student Data Privacy Bill – What EdTech software providers need to know

Colorado is the latest state to revisit, and expand upon, its laws pertaining to the use and protection of student data. Colorado Governor John Hickenlooper recently signed into law House Bill 16-1423 (the “Bill”) designed to...more

6/28/2016 - Cybersecurity Data Collection Data Protection Data Security Educational Institutions Personally Identifiable Information Public Schools Software Student Privacy

“Interim” No More: DHS and DOJ Publish Final CISA Guidance on Cybersecurity Sharing

The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have issued the long-awaited final procedures for both Federal and Non-Federal Entities under the Cybersecurity Information Sharing Act (CISA)...more

6/20/2016 - Cyber Threats Cybersecurity Cybersecurity Information Sharing Act (CISA) DHS DOJ Information Sharing Private Sector

PCI DSS 3.2: It’s here, what does it mean for you?

The Payment Card Industry Security Standards Council (PCI SSC) has released a new version of its data security standard for the protection of cardholder data, the Payment Card Industry Data Security Standard (PCI DSS). PCI...more

5/9/2016 - Cyber Attacks Cybersecurity Data Security Debit and Credit Card Transactions Fraudulent Charges PCI-DSS Standard SSL

State Data Security Breach Notification Laws - April 2016

The general definition of “personal information” used in the majority of statutes is: An individual’s first name or first initial and last name plus one or more of the following data elements: (i) Social Security number, (ii)...more

4/4/2016 - Breach Notification Rule Corporate Counsel Cybersecurity Data Breach Data Security Personally Identifiable Information Popular Young Lawyers

CISA Guidelines: Privacy and Civil Liberties Interim Guidelines for Federal Agencies

Last week, we discussed the Federal government’s first steps toward implementing the Cybersecurity Information Sharing Act (CISA). Among the guidance documents released by the Department of Homeland Security and the...more

3/2/2016 - Cybersecurity Cybersecurity Information Sharing Act (CISA) Fair Information Practice Principles (FIPPs) Information Sharing Transparency

California by the Numbers (Part 1): 24 Million Compromised in 2015

California Attorney General Kamala Harris has released a report of the data breaches that have been reported to her office from 2012 until 2015. Although the California data breach notification law took effect in 2003,...more

2/27/2016 - Attorney Generals Cybersecurity Data Breach Data Protection Hackers Kamala Harris Malware Social Security Numbers

California by the Numbers (Part 2): How to Stay out of the 2017 Report

Receently, we reviewed the staggering numbers in California Attorney General Kamala Harris’ 2016 Data Breach Report. In addition to providing a comprehensive analysis of four years of data breaches, the report provides...more

2/26/2016 - Annual Reports Attorney Generals Cybersecurity Data Breach Data Protection Kamala Harris

Cybersecurity Tops SEC Office of Compliance Inspections 2016 Examination Priorities

The 2016 lists are starting to be released by regulatory agencies in the United States, giving a heads’ up to covered entities as to what compliance issues will take front and center this year. Once again, the Office of...more

1/13/2016 - Broker-Dealer Cybersecurity Investment Adviser OCIE SEC SEC Examination Priorities

The Problem With Data Security is not the Hardware or the Software, It’s the Wetware

Remember this? - “Wetware” – coder slang for biological life forms (i.e., people) – is the weak link in most companies’ data security protections, according to a new data security report issued by the Association of...more

1/13/2016 - Cybersecurity Data Breach Data Security Employee Training Popular

Happy New Year – Cybersecurity Information Sharing Act

Just at the end of 2015, the Cybersecurity Information Sharing Act (CISA) was enacted into law as part of the omnibus spending measure passed by Congress and signed by President Obama at right before Christmas. The...more

1/5/2016 - CISA Cybersecurity DHS ECPA Information Sharing Private Sector Repeal

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

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 Act FTC v Wyndham Personally Identifiable Information Section 5 Unfair or Deceptive Trade Practices Wyndham

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

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

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

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

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