This month marks fifteen years of observing National Cyber Security Awareness Month (NSCAM) in October. The program was started way back in 2004, by the U.S. Department of Homeland Security and the National Cyber Security...more
The fallout from the Yahoo data breaches continues to illustrate how cyberattacks thrust companies into the competing roles of crime victim, regulatory enforcement target and civil litigant. ...more
5/14/2018
/ Class Action ,
Criminal Conspiracy ,
Criminal Prosecution ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Enforcement Actions ,
Failure To Disclose ,
Hackers ,
Personally Identifiable Information ,
Popular ,
Publicly-Traded Companies ,
Russia ,
Securities and Exchange Commission (SEC) ,
Securities Violations ,
Yahoo!
The U.S. Court of Appeals for the Seventh Circuit has reinstated a data breach class action filed against Barnes & Noble (B&N). The litigation, styled as Dieffenbach v. Barnes & Noble, Inc., now heads back to the U.S....more
4/16/2018
/ Article III ,
Barnes and Noble ,
Corporate Counsel ,
Data Breach ,
Debit and Credit Card Transactions ,
Economic Injuries ,
Federal Rule 12(b)(1) ,
Federal Rule 12(b)(6) ,
Hackers ,
Injury-in-Fact ,
Personally Identifiable Information ,
Point of Sale Terminals ,
Popular ,
Putative Class Actions ,
Reinstatement ,
Standing ,
State Data Breach Notification Statutes ,
UDAAP
Alabama has officially joined the data breach notification party. Alabama Governor Kay Ivey signed Act No. 2018-396 into law on March 28, 2018.
...more
4/3/2018
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Hackers ,
New Legislation ,
Personally Identifiable Information ,
Popular ,
Risk Management ,
State and Local Government ,
State Data Breach Notification Statutes
South Dakota has become the 49th State to enact a data breach notification law. South Dakota Governor Dennis Daugaard signed SB 62 into law on March 21, 2018. The law will take effect on July 1, 2018....more
3/23/2018
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Hackers ,
New Legislation ,
Personally Identifiable Information ,
Popular ,
Risk Management ,
State and Local Government ,
State Data Breach Notification Statutes
Earlier this week, the Supreme Court of the United States denied certiorari in CareFirst v. Attias, a closely watched case that some thought provided the Court with an opportunity to clarify the standing analysis under Spokeo...more
2/22/2018
/ Article III ,
CareFirst ,
Class Action ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Hackers ,
Health Insurance ,
Identity Theft ,
Injury-in-Fact ,
Personally Identifiable Information ,
Petition for Writ of Certiorari ,
Popular ,
Standing
The State of Washington's Attorney General filed a complaint against Uber Technologies, Inc., (Uber) this week related to the 2016 hack that exposed the personal data of 57 million riders and drivers. The suit is the first...more
In the span of just nine days, the U.S. Court of Appeals for the Eighth Circuit issued two rulings in class actions involving data breaches—one breach in 2013 at brokerage firm Scottrade and another in 2014 at grocery stores...more
9/5/2017
/ Article III ,
Breach of Contract ,
Brokerage Accounts ,
Class Action ,
Corporate Counsel ,
Cyber Attacks ,
Data Breach ,
Federal Rule 12(b)(6) ,
Grocery Stores ,
Hackers ,
Injury-in-Fact ,
Personally Identifiable Information ,
Popular ,
Scottrade ,
Standing
The U.S. Court of Appeals for the D.C. Circuit has reinstated a data breach class action filed against CareFirst BlueCross BlueShield (CareFirst). The lawsuit stems from a June 2014 data breach in which hackers infiltrated 22...more
8/3/2017
/ Article III ,
Blue Cross ,
Blue Shield ,
CareFirst ,
Class Action ,
Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Hackers ,
Health Insurance ,
Identity Theft ,
Injury-in-Fact ,
Personally Identifiable Information ,
Popular ,
Standing
The average cost of a data breach, on both an aggregate and a per-record basis, has decreased slightly according to the Ponemon Institute's 2017 Cost of Data Breach Study: Global Overview. In addition to presenting recent...more
6/29/2017
/ Corporate Counsel ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Breach Costs ,
Data Protection ,
Data Security ,
Hackers ,
Personally Identifiable Information ,
Popular ,
Young Lawyers
The U.S. Securities and Exchange Commission's Office of Compliance Inspections and Examinations (OCIE) has issued a Risk Alert in the wake of the widespread WannaCry ransomware attack that has inflicted hundreds of thousands...more
5/19/2017
/ Broker-Dealer ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Hackers ,
Investment Management ,
Malware ,
OCIE ,
Phishing Scams ,
Ransomware ,
Risk Alert ,
Risk Management ,
Securities and Exchange Commission (SEC)
President Trump recently signed the Presidential Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure. The Order sets forth the Trump Administration's policy for cybersecurity of...more
5/18/2017
/ Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Data Protection ,
Executive Orders ,
Hackers ,
Popular ,
Risk Management ,
Trump Administration
Ransomware attacks just went big time. In a period of mere hours late last week, a global ransomware attack infected more than 200,000 computers and affected more than 100,000 organizations in over 150 countries. To put this...more
5/17/2017
/ Cyber Attacks ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Hackers ,
Malware ,
Personally Identifiable Information ,
Phishing Scams ,
Popular ,
Ransomware
The Federal Trade Commission (FTC) has entered into a multimillion dollar settlement with the owners and operators of AshleyMadison.com, a dating website for people interested in having discreet affairs, related to the...more
12/16/2016
/ Adultery ,
Ashley Madison ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Security ,
Dating Services ,
Federal Trade Commission (FTC) ,
Fines ,
Hackers ,
Internet ,
Marriage ,
Misrepresentation ,
Online Platforms ,
Personally Identifiable Information ,
Popular ,
Settlement ,
Spouses ,
Website Owner Liability ,
Websites
Three federal banking agencies have announced plans to develop new rules that would establish cyber risk management and resiliency standards for large interconnected entities under the agencies' supervision, as well as those...more
10/21/2016
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Cyber Attacks ,
Cybersecurity ,
FDIC ,
Federal Reserve ,
FFIEC ,
Financial Institutions ,
Financial Services Industry ,
Hackers ,
Handbooks ,
Incident Response Plans ,
OCC ,
Risk Management
The latest development in how American courts will handle the standing question for data breach class actions came last week when the U.S. District Court for the District of Columbia dismissed for lack of standing a putative...more
8/17/2016
/ Article III ,
Blue Cross ,
Blue Shield ,
CareFirst ,
Class Action ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Hackers ,
Health Insurance ,
Healthcare ,
Identity Theft ,
Injury-in-Fact ,
Personally Identifiable Information ,
Putative Class Actions ,
Standing
Powered in part by the growing use of Internet of Things (IoT) technologies, cybersecurity has surged to become one of the leading concerns for global manufacturers, according to a recently released study....more
Economic espionage and computer hacking can touch all industries and business types. Computer hacking is a federal crime, and federal prosecutors are aggressively targeting cases involving the unauthorized access of a...more