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Lessons Learned from Target’s Data Breach Discovery Win - Five Strategies for Maintaining Privilege in the Aftermath of a Data...

A thousand questions immediately flood any lawyer’s mind when they first hear that their client may have been affected by a data breach. How did it happen? What data were affected? Was there any personal information affected,...more

President Obama’s Security Breach Notification Bill Needs Work

The White House recently released The Personal Data Notification & Protection Act as part of an extensive proposal to safeguard data and improve cyber security. The proposal was released in a preview of the State of the Union...more

Court Rejects Wyndham’s Challenge to FTC’s Data-Security Enforcement Authority

In June 2012, the Federal Trade Commission (FTC) filed suit under Section 5 of the FTC Act (Section 5) against the Wyndham hotel chain (Wyndham) following a security breach that led to the theft of payment card data for...more

Sponsors Drop California Ballot Initiative Intended to Transform Privacy Class Actions

Recent reports have circulated regarding a California ballot initiative that, if successful, might have marked the second time California would have caused a national shift in privacy law. Just 10 years ago, California...more

New COPPA Rule Now In Effect

In December 2012, the Federal Trade Commission (FTC) issued revisions to the Children’s Online Privacy Protection Act Rule (COPPA Rule or Rule). The COPPA Rule creates extensive parental notice and consent requirements, among...more

Privacy Regulators Take to the Web in Search of Deficient Privacy Policies

Regulators have historically taken a reactive approach to privacy and information security issues related to websites and mobile apps, often waiting to take action until a potential violation has been brought to their...more

President Obama’s Cybersecurity Executive Order and What it Means For Your Organization

On February 12, President Obama signed a much-anticipated cybersecurity executive order intended to “enhance the security and resilience” of U.S. critical infrastructure. The executive order is very similar to a draft leaked...more

HIPAA Risk Analysis

HIPAA relies heavily on risk analysis in multiple contexts. For example, risk analysis has a major role in the Breach Notification Rule under the new regulations issued by the U.S. Department Health and Human Services on...more

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