Cynthia Larose

Cynthia Larose

Mintz Levin

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Breach Response Portal Added by Massachusetts Regulator

If you have had to provide data breach notices across any number of states (and who hasn’t….), you would know that they vary widely in how those notices must be provided to state regulators. In some states (for example,...more

4/28/2016 - Breach Notification Rule Data Breach Incident Response Plans Office of Consumer Affairs Portal State Data Breach Notification Statutes

It’s A Wrap! Sony Pictures Data Breach Case Settles Without A Hollywood Ending For The Plaintiff Class

Everyone loves a good courtroom drama. So just imagine this pitch: henchmen of an evil dictator hack their way into a movie studio computer system. Once inside, they steal the most sensitive personal information of the...more

4/11/2016 - Class Action Data Breach Personally Identifiable Information Settlement Agreements Sony

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

Beware of the CEO Email Request Phishing Scam: A Different Form of March Madness

Not only is it “March Madness” time, it is also prime tax return filing time. That means that the email scammers are out in full force as well. In the last 10 days, we have seen a marked uptick in what are called...more

3/17/2016 - CEOs Data Breach Email Human Resources Professionals Identity Theft Payroll Records Phishing Scams Popular Tax Scams

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

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

Wyndham and FTC Settle Case Over “Unfair” Data Security Practices

The years-long saga of the Federal Trade Commission’s suit against Wyndham Hotels over data breaches that occurred at least as early as April 2008 is finally coming to an end with a proposed settlement filed today with the...more

12/11/2015 - Data Breach Data Security FTC FTC v Wyndham Settlement Unfair or Deceptive Trade Practices Wyndham

Happy Holidays: VTech data breach affects over 11 million parents and children worldwide

The recent data breach of Hong Kong-based electronic toy manufacturer VTech Holdings Limited (“VTech” or the “Company”) is making headlines around the world for good reason: it exposed sensitive personal information of over...more

12/8/2015 - Attorney Generals COPPA Cyber Attacks Data Breach FTC Hackers Hong Kong Popular

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 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

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

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

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

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

State Data Breach Notification Law Updates

State legislatures are not waiting for Congressional action on a national data breach notification standard. Montana — Montana has amended its 10-year old breach notification law (see Mintz Matrix) to expand the...more

3/11/2015 - Anthem Blue Cross Breach Notification Rule Data Breach Encryption Failure to Notify Health Insurance Healthcare Notice Requirements Personally Identifiable Information Popular

The Anthem Data Breach: The Fallout and What’s Next

By now (unless you have been under a snow drift), you have likely heard about the apparent intrusion into a database at the nation’s largest health insurer, Anthem, Inc. Rather than reiterate the facts as currently known...more

2/11/2015 - Anthem Blue Cross Corporate Counsel Cyber Attacks Cybersecurity Data Breach Data Protection Health Insurance Insurance Industry Personally Identifiable Information Popular Risk Mitigation

Privacy Tuesday – January 6, 2015

Welcome to the first Privacy Tuesday of 2015! We hope that you enjoyed our 12 Days of Privacy series (and if you missed it, they are all linked in the right column of the blog…). Three things that you should...more

1/6/2015 - Board of Directors C-Suite Executives Chick-Fil-A Cybersecurity Data Breach Experian FTC Hackers PHI Privacy Laws Privacy Policy SnapChat

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