Cynthia Larose

Cynthia Larose

Mintz Levin

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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 Insurers 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 Companies 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

On the Fifth Day of Privacy, California (and Delaware) gave to me

sing it with me now…. Five Golden Rules…….(well, five new privacy laws/requirements) There are five significant new privacy laws/amendments that will be effective as of New Year’s Day — January 1, 2015 — and...more

12/16/2014 - Breach Notification Rule Cloud Computing Cloud-Based Services Cybersecurity Data Breach Data Protection Identity Theft Internet Personally Identifiable Information Social Security Numbers Websites

Privacy Tuesday - November 2014 #2

Here are three privacy stories to start your week - 1. Dear “financial institution” : how is your data security?! Senator Elizabeth Warren (D-Mass) announced (press release) that on November 18 the Senator...more

11/25/2014 - Black Friday Cyber Attacks Cybersecurity Data Breach Data Protection Due Diligence Financial Institutions Hackers Internet Retailers JPMorgan Chase Legislative Agendas Retailers Target Company USPS

Privacy Tuesday – November 2014 – Five Things to Start Your Week

Welcome to Privacy Tuesday – here are five privacy & security bits and bytes to start your week: 1) California AG’s Data Breach Report: Who Is Handling Your Patients’ Confidential Health Information? - The...more

11/11/2014 - Cybersecurity Data Breach Hackers Healthcare Facilities Home Depot Personally Identifiable Information PHI Social Media Target USPS

Privacy Tuesday - November 2014

Welcome to the first Tuesday in November — don’t forget to vote tomorrow! Chip-and-Pin Not Likely “Cure-All” - There is good news in the world of retail data breaches: US merchants are finally moving away from...more

11/4/2014 - Credit Cards Cybersecurity Data Breach Data Protection Retailers

Privacy Tuesday – September 2014

Happy autumnal equinox Home Depot Breach – By the Numbers: - 56 million cards at risk (compare to Target = 40 million) - $62 million in estimated costs (compare to Target =$146 million and...more

9/23/2014 - Business Associates Covered Entities Cybersecurity Data Breach HIPAA Home Depot OCR Proposed Legislation Same-Sex Marriage Target

Privacy Monday – September 2014

Back to school, back to traffic jams … back to Privacy Mondays! Our look at bits and bytes and goofs and gaffes in data privacy and security....more

9/8/2014 - Costco Cybersecurity Data Breach Health Care Providers Healthcare Home Depot Retailers Wal-Mart

Another day, another data breach…..DIYers, beware. This time it’s Home Depot.

It appears that the data breach victim of the week (perhaps of the year) is The Home Depot. Brian Krebs has reported that it appears that two large dumps of purloined credit card numbers have made an appearance on the black...more

9/4/2014 - Credit Cards Data Breach Data Protection Home Depot

Privacy Tuesday: August 2014 #2

There is another retail data breach to talk about in this Privacy Tuesday post – privacy & security bits and bytes to start your week....more

8/19/2014 - AOL Data Breach Debit and Credit Card Transactions Do Not Track Grocery Stores PCI Retailers

Privacy Tuesday – August 2014

We are just two Mondays away from Labor Day, the traditional end of summer in the United States. Here are some privacy tidbits to get your week started. See especially Jake Romero’s piece on the new Delaware data...more

8/12/2014 - Cybersecurity Data Breach Data Retention Document Destruction FCRA Gramm-Leach-Blilely Act Hackers HIPAA Personally Identifiable Information Russia

The Great Russian Internet Heist – What Now?

A breach of this nature is reportable under the breach notification laws in both California and Florida, as recently amended: “Personal Information” includes user name or email address, in combination with a password or...more

8/7/2014 - Cybersecurity Data Breach Data Protection First Glance Personally Identifiable Information Popular Russia

Privacy Tuesday - July 2014

There are quite a few privacy-related things taking effect July 1. Some reminders: Florida Amendments to Data Breach Notification Law - The Florida Information Protection Act of 2014 (“FIPA”) takes effect...more

7/1/2014 - Canada CASL Cybersecurity Data Breach FIPA Notice Requirements Privacy Policy

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