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Recent Updates to State Data Breach Notification Laws in New Mexico, Tennessee, Virginia

With the growing risk of cybersecurity attacks, the landscape of state-specific data breach notification laws continues to evolve. Companies and industries must stay aware of changes in the legal framework if they are to meet...more

Failure to Timely Notify Results in Enforcement Action and Significant Settlement

For the first time, on January 9, 2017, the Department of Health and Human Services, Office for Civil Rights (HHS/OCR) settled a HIPAA enforcement action based on the untimely reporting of a breach of unsecured protected...more

Federal Banking Regulators Propose Cyber Risk Management Standards

In the midst of growing concerns over cyber-attacks on U.S. companies, federal banking regulators announced a proposal to enhance and standardize cyber risk management standards across the banking industry. The Advance Notice...more

Announcement of "Privacy Shield" Gives Hope for U.S. Companies that Previously Relied on Safe Harbor

On October 27, 2015, Wilson Elser released a client alert that discussed the EU Court of Justice’s invalidation of the long-standing Safe Harbor program, previously relied on by many organizations as a means of authorizing...more

Rise in Cyberattacks on Professional Services Firms

Wilson Elser’s Cyber Incident Response Team has seen an alarming uptick in cyber-criminal activity targeted at professional services firms, particularly accounting firms. As described in more detail below, the criminal...more

ESI Case Law Update 2015

In this Issue: - Introduction - Preservation - Proposed Amendments to Rule 37 - Search Methodology/Technology-Assisted Review - Proportionality - Cost-shifting - Form...more

Court's Interpretation of Merchant Services Agreement Limits Retailer's Liability to Card Brands for Data Breach

On January 15, 2015, the U.S. District Court for the Eastern District of Missouri ruled that fees, assessments and costs imposed by the credit card brands on Schnuck Markets, Inc. (Schnuck), a grocery chain estimated to have...more

California Amends Law to Expand Businesses’ Obligations in the Wake of a Data Breach

Entities that own, license or maintain personally identifiable information on California residents beware – on January 1, 2015, an amendment to California’s privacy and breach law goes into effect that may have a significant...more

Have You Upgraded Your XP Yet?

Microsoft officially ended support for Windows XP in April 2014, but not everyone has made the decision to upgrade their operating systems. By choosing to stick with Windows XP, users may be leaving themselves vulnerable to...more

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