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
5/26/2017
/ Board of Directors ,
CEOs ,
Civil Monetary Penalty ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Debit and Credit Card Transactions ,
Form 10-K ,
Information Security ,
Personally Identifiable Information ,
Settlement ,
Target Company
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
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
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
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
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
During 2016, amendments to breach notification laws in five states went into effect (California, Nebraska, Oregon, Rhode Island and Tennessee). And by the end of last year, well over twenty states had introduced or were...more
Even president-elect Donald Trump has been the victim of a data breach. Several times actually. The payment card system for his Trump Hotel Collection was infected by malware in May 2014 and 70,000 credit card numbers were...more
Developers and operators of educational technology services should take note. Just before the election, California Attorney General Kamala Harris provided a document laying out guidance for those providing education...more
Imagine you are the CEO of company sitting across from an interviewer. The interviewer asks you the age old question, “So tell me about your company’s strengths and weaknesses?” You start thinking about your competitive...more
The term “cloud computing,” — a process by which remote computers are used to store, manage and process data — is no longer an unfamiliar term. According to at least one estimate, “approximately 90 percent of businesses...more
Letter from the Editors -
Dear Readers,
The world of raising capital for emerging companies has experienced a revolution. Prior to the enactment of the JOBS Act in 2012, raising capital for private companies was...more
9/29/2016
/ Capital Raising ,
Crowdfunding ,
Crowdsourcing ,
Data Breach ,
Data Security ,
Dwolla ,
E-2 ,
Entrepreneurs ,
FinTech ,
Good Faith ,
H-1B ,
Initial Public Offering (IPO) ,
Innovation ,
JOBS Act ,
Parole ,
Privacy Laws ,
Private Placements ,
Public Offerings ,
Rule 506 ,
Visas
As has become typical in the data security space, there was quite a bit of activity in state legislatures over the previous year concerning data breach notification statutes. Lawmakers are keenly aware of the high profile...more
On Friday, the heads of the Federal Trade Commission overruled the decision of the Administrative Law Judge (“ALJ”) in In the Matter of LabMd., Inc. The FTC concluded that the ALJ had erred in dismissing the Commission’s case...more
8/1/2016
/ Actual Injuries ,
Administrative Law Judge (ALJ) ,
Corporate Counsel ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
FTC Act ,
LabMD ,
Risk Assessment ,
Section 5 ,
Unfair or Deceptive Trade Practices
I. Introduction: Privacy Shield to Go Live August 1 (at Last) -
The replacement for Safe Harbor is finally in effect, over nine months after Safe Harbor was struck down by the Court of Justice of the EU in the Schrems...more
7/25/2016
/ Consent ,
Data Protection Authority ,
Data Security ,
EU ,
EU-US Privacy Shield ,
European Commission ,
European Court of Justice (ECJ) ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Notice Requirements ,
Personal Data ,
Surveillance ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
Did you know that the world is now inhabited by creatures called Pokémon? (Or maybe they’ve always been there?) Some run across the plains; others fly through the skies; and some live in the mountains….and some, yes, some,...more
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
/ Consumer Financial Protection Bureau (CFPB) ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Security ,
Dwolla ,
FinTech ,
FTC v Wyndham ,
Hackers ,
Personal Data ,
Privacy Laws
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
The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently issued a warning regarding vulnerabilities in third-party applications used by entities covered by HIPAA. The OCR warning applies...more
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
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
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
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
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
As all of our readers know by now, as of October 6, the US-EU Safe Harbor Framework is no more. Safe Harbor was the mechanism on which thousands of US companies (and thousands of companies based in the European Union)...more
10/22/2015
/ Data Privacy ,
Data Protection ,
Data Protection Authority ,
Data Security ,
EU ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
International Data Transfers ,
Israel ,
Model Contracts ,
Personal Data ,
SCC ,
Schrems I & Schrems II ,
Switzerland ,
US-EU Safe Harbor Framework