Melissa Ventrone

Melissa Ventrone

Wilson Elser

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NYDFS to Collect Data on Cyber Security, but Could Hackers Use This Database as a Road Map to Launch Targeted Attacks?

On March 26, 2015, the New York State Department of Financial Services (NYDFS) announced that it is broadening the scope of questions and topics in its current information technology (IT) examination framework. In addition,...more

4/1/2015 - Cybersecurity Industry Examinations Insurance Industry NYDFS Popular

Good News for Companies: Pennsylvania District Court Rules That Plaintiffs Lack Standing without Actual or Imminent Misuse of Data

“There are only two types of companies left in the United States … those that have been hacked and those that don’t know they’ve been hacked.” That is how U.S. District Judge John E. Jones III of the Middle District of...more

3/27/2015 - Class Action Cybersecurity Data Breach Data Protection Hackers Imminent Harm Standing

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

3/13/2015 - Data Breach Debit and Credit Card Transactions Grocery Stores Limitation of Liability Clause PCI-DSS Standard Retailers

Illinois Schools Face Tough Decisions in Combating Cyber-bullying

Illinois, like most states, has a law that addresses school districts’ responsibilities for addressing bullying in schools. With the growing presence of cyber-bullying, as of January 1, 2015, Illinois modified section 27-23.7...more

3/10/2015 - Bullying Cyberbullying Investigations Passwords Public Schools Social Networks Students

Corporate Hacking and the Financial Services Industry

The question is not whether you are going to be hacked, but rather when and how often. That thinking is so pervasive in the cyber-security industry that industry participants now refer to “cyber-resilience” to better describe...more

2/3/2015 - Corporate Counsel Cyber Attacks Cyber Insurance Cybersecurity Data Breach Espionage Financial Institutions FINRA Hackers Popular Risk Management SEC Trade Secrets

Data Security, Cyber Liability and First-party Costs for Mid Cap and Small Companies Are Reaching Catastrophic Levels

Curiously, while the numbers on data security and cyber liability losses have grabbed headlines, the published information has not focused on the insurance perspective. NetDiligence® recently released its Cyber Claims Study...more

12/16/2014 - Cyber Insurance Cybersecurity Data Protection Liability Popular Small Business

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

12/10/2014 - Cyber Insurance Data Breach Duty to Mitigate Identity Theft Liability Insurance New Legislation Personally Identifiable Information Social Security Numbers Third-Party Risk Third-Party Service Provider

California Appellate Court Limits Liability under California’s Medical Confidentiality Act for Disclosure of Medical Information

In what should be considered a win for the defense, the California Third Appellate Court recently overturned the lower court’s denial of a motion to dismiss a class action lawsuit seeking $4 billion in damages under...more

9/23/2014 - Class Action Dismissals Electronic Medical Records Hospitals Medical Records Patient Confidentiality Breaches Sutter Health

Surf’s Up: The Wave of High-profile Privacy Class Actions

Businesses have revolutionized the way they reach customers. Through computers, smart phones, iPads and a host of other technologies, we can now make purchasing decisions from the comfort of our homes. All we need to do is...more

7/23/2014 - AvMed Class Action Credit Cards Data Protection Popular Privacy Laws

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

7/16/2014 - Cybersecurity Data Protection Electronically Stored Information Information Governance Personally Identifiable Information Popular

The IRS will not flag, identify or otherwise note a SSN that may be subject to identity theft and subsequent tax fraud. Go figure....

Nearly every day there’s another news story about another company suffering a data breach, either as a result of a lost or stolen device or because the company was hacked. Talk to any number of knowledgeable attorneys skilled...more

6/11/2014 - Data Breach Identity Theft IRS Social Security Numbers Tax Fraud

Google and the Great Divide: U.S. Privacy Rights versus EU Privacy Rights

Will the “right to be forgotten” be the new mantra in cyber cases in the United States? Or will the “right to know” continue to prevail? In Europe, proponents of the “right to be forgotten” argue that individuals should be...more

6/3/2014 - Data Protection EU EU Data Protection Laws Google Personally Identifiable Information Popular Right to Be Forgotten Right to Privacy Search Engines

EU’s Ruling Not “To Be Forgotten” Anytime Soon

Last week, the Court of Justice of the European Union ruled that individuals have the “right to be forgotten.” In other words, individuals have the right to control their data and can ask search engines to remove links to...more

5/26/2014 - Data Processors Data Retention EU Google Right to Be Forgotten Right to Privacy Search Engines Third-Party Websites

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