Cynthia Larose

Cynthia Larose

Mintz Levin

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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

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

California May Limit Law Enforcement’s Warrantless Data Collection

Eager to retain its spot among the principal laboratories for domestic privacy legislation, California’s legislature is set to debate Senate Bill 178, legislation restricting state law enforcement agencies from requesting...more

2/18/2015 - Data Collection Data Protection Law Enforcement Legislative Agendas Search Warrant

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 2015

Good Tuesday – The East Coast prepares for Apocalypse (Sn)ow. In the meantime, here are three privacy-related tidbits for your day. Privacy Concerns Cause Scale Back of Release of HealthCare.gov Data - We...more

1/27/2015 - Australia CMS Data Protection Encryption Health Insurance Healthcare.gov PHI Privacy Concerns

Privacy Monday – January 12, 2015

Three privacy/security stories that you should know as you start your week: President Obama to Offer Cybersecurity/Privacy Previews to State of the Union Proposals - In a series of speeches this week, President...more

1/12/2015 - Barack Obama Best Management Practices Breach Notification Rule Cybersecurity Data Protection Identity Theft Legislative Agendas Privacy Concerns

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

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

Nude Photos and National Cyber Security Awareness Month

October is National Cyber Security Awareness Month. This is an opportunity to remind employees (and yourselves) about how to keep corporate networks and their own cyber lives secure. All month, we will post articles that...more

10/3/2014 - Cloud Computing Cybersecurity Data Protection

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

“Backoff” Update — More Widespread, PCI Council Issues Call to Action — If You Accept Credit Cards Via Point-of-Sale, You Need to...

Some weeks ago, we wrote a piece “What You Need to Know About Backoff Malware: The New Threat Targeting Retailers” . It’s apparently gotten worse. Any business utilizing point-of-sale (POS) terminals for “swiping” credit...more

8/28/2014 - Credit Cards Cybersecurity Data Protection Point of Sale Terminals Retailers

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 #3

We are now officially in the throes of “midsummer” on this Privacy Tuesday. And, on occasion in the data privacy world, we agree with Will Shakespeare’s words….“Lord, what fools these mortals be!”...more

7/22/2014 - Data Protection Privacy Laws

Privacy Tuesday: June 2014

Welcome to another week, and our Privacy Tuesday look at top issues. California Attorney General Puts the Focus on the Consumer - As we have discussed, the California Online Privacy Protection Act was amended,...more

6/10/2014 - CalOPPA Data Collection Data Protection Heartbleed Privacy Policy Right to Privacy

Making Privacy Practices Public: the California Attorney General’s New Guidelines Keep the Focus on the Consumer’s Perspective and...

In 2013, the California Online Privacy Protection Act (CalOPPA) was amended to require web sites and other online services to make additional privacy policy disclosures related to online tracking transparency. Within the...more

6/6/2014 - CalOPPA Data Protection Disclosure Requirements Do Not Track Internet Privacy Policy Websites

Privacy Tuesday – June 3, 2014

The first Tuesday in June is also the first Tuesday of meterological summer -and a welcome sight after a brutally-long winter for many of our readers. So, here’s to a happy Summer! Google Receives 12,000 Take-Down...more

6/3/2014 - Cybersecurity Data Protection Facebook Google HIPAA Internet Search Engines WhatsApp

SEC Cybersecurity Initiative: Five Steps ALL Broker-Dealers and Investment Advisers Should be Taking

Last week, the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) released a Risk Alert announcing its Cybersecurity Initiative....more

5/6/2014 - Broker-Dealer Cyber Attacks Cyber Insurance Cybersecurity Cybersecurity Framework Data Breach Data Protection Identity Theft OCIE Red Flags Rule SEC

5 Things Every Company's Data Security Program Should Include

What's the one thing every company's data security program must include? That's the question we put recently to experts in the field, knowing that, especially after Heartbleed, the diversity of responses would create an...more

4/24/2014 - Corporate Counsel Cybersecurity Cybersecurity Framework Data Breach Data Protection Heartbleed Legal Perspectives Need to Know

State Data Security Breach Notification Laws

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

4/24/2014 - Breach Notification Rule Data Breach Data Protection

Privacy Tuesday – April 14, 2014: Heartbleed Headaches

Last week was certainly the “week of the Heartbleed.” Unless you have been on vacation on a remote island (and if so, good for you!), you have heard and read much about the latest mass bug to infect the Internet....more

4/15/2014 - Cybersecurity Data Breach Data Protection Heartbleed Internet Privacy

FTC Data Security Authority Confirmed, For Now: Wyndham’s Motion to Dismiss Denied

The FTC’s Claim - A New Jersey federal judge has confirmed the Federal Trade Commission’s (“FTC”) authority to regulate data security and bring claims against companies suffering data breaches due to inadequate...more

4/15/2014 - Cybersecurity Data Breach Data Protection FTC Wyndham

First Glance: Legal Implications of the Heartbleed OpenSSL Bug?

The vulnerability caused by the Heartbleed bug circumvents the purpose of OpenSSL: encryption. Therefore, the conclusion would appear to be that any data breach during the time of OpenSSL vulnerability would be reportable...more

4/10/2014 - Cybersecurity Data Breach Data Protection Encryption First Glance Heartbleed HIPAA Legal Perspectives

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