Cybersecurity is a top concern for all industries, particularly for the pharmaceutical and medical device industries. These industries hold some of the most sensitive data and highly valuable technology, making them prime...more
6/30/2023
/ Cyber Attacks ,
Cyber Crimes ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Health Information Technologies ,
Healthcare ,
Life Sciences ,
Medical Devices ,
Personal Information ,
Pharmaceutical Industry ,
Phishing Scams ,
Risk Assessment ,
Risk Management ,
Vulnerability Assessments
On May 11, 2023, the Tennessee Information Protection Act (“TIPA”) was signed into law effective on July 1, 2025. In doing so, Tennessee has joined the patchwork of U.S. consumer privacy laws following the enactment of the...more
On January 1, 2023, Virginia’s Consumer Data Protection Act (“Virginia Privacy Law”) went into effect, the second in the US aimed to protect consumers’ personal data. We previously blogged about its passage. Here’s what you...more
Privacy law is a hot topic for legislatures in the United States at both the state and federal levels. With the advent of influential laws from international governments, including the European Union, the lack of significant...more
9/20/2021
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Consumers ,
Data Protection ,
EU ,
Exemptions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Popular ,
Privacy Laws ,
Private Right of Action ,
Regulatory Oversight ,
State Legislatures
This week the FBI and the Cybersecurity and Infrastructure Security Agency (CISA) issued a joint Cybersecurity Advisory warning of an increase in ransomware risks over the Labor Day holiday weekend – when offices are normally...more
9/3/2021
/ Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
FBI ,
Hackers ,
Holidays ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Ransomware ,
Risk Management ,
State and Local Government
Ransomware has become the fastest growing type of cybercrime facing businesses today. In 2021, loss values were estimated to have reached at least 57 times those in 2015, exceeding $20 billion. Data and privacy issues are so...more
6/17/2021
/ Consumer Information ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Damages ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Popular ,
Ransomware ,
Regulatory Oversight ,
Risk Management ,
State and Local Government
Virginia follows California in adopting a comprehensive consumer data privacy law. This article is a primer of the Virginia law, notes the key similarities and differences to the California Consumer Privacy Act (“CCPA”), and...more
We recently blogged about increased data security risks with employees working remotely during the COVID-19 pandemic. According to Google, scammers are sending 18 million hoax emails about COVID-19 to Gmail users every day....more
Many employees are working remotely during the COVID-19 pandemic. The COVID-19 pandemic has led to specific data security risks. Phishing emails are the leading cause of business data breaches. We have seen the following...more
The number of reported U.S. data breaches tracked through June 30, 2017 hit a half-year record high of 791. This represents a significant jump of 29% over 2016 figures during the same time period. At this pace, it is...more
8/9/2017
/ Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Hackers ,
Personally Identifiable Information ,
PHI ,
Policy Terms ,
Popular ,
Risk Management
As I blogged about here, last year the Tennessee legislature amended its data breach laws to become the first state in the U.S. to remove the encryption safe harbor from its definition of a data breach, which required notice...more
We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from...more
3/31/2017
/ Automotive Industry ,
Connected Cars ,
Cybersecurity ,
Driverless Cars ,
Evidence ,
Ex-Parte Communications ,
Popular ,
Product Defects ,
Product Recalls ,
Seatbelts ,
Strict Liability ,
Technology ,
TX Supreme Court
I’ve previously blogged about a new breed of data breach class actions filed by financial institutions against retailers (as opposed to customers suing retailers). In these cases, financial institutions claim that retailers...more
11/3/2016
/ Amended Complaints ,
Data Breach ,
Dismissals ,
Duty of Care ,
Financial Institutions ,
Fraudulent Charges ,
Negligence ,
PCI-DSS Standard ,
Pleadings ,
Privity of Contract ,
Retailers
On May 16, 2016, the Supreme Court of the United States rejected the standing argument of a “bare procedural violation” advanced by the plaintiff in Spokeo, Inc. v. Robins. The Court reaffirmed that the injury-in-fact...more
Removes the Encryption Safe Harbor, Limits the Timing of Notice, and Expands “Unauthorized Persons” -
Effective July 1, 2016, Tennessee becomes the first state to remove the encryption safe harbor from its data breach...more
4/20/2016
/ Amended Legislation ,
Data Breach ,
Data Breach Plans ,
Data Protection ,
Data Security ,
Encryption ,
Personally Identifiable Information ,
Popular ,
Safe Harbors ,
State Data Breach Notification Statutes ,
Unauthorized Access
The data breach class action lawsuit filed against grocery store retail chain SuperValu Inc. (“SuperValu”) was put on the shelf by the U.S. District Court for the District of Minnesota on January 7, 2016. The plaintiffs...more
2/23/2016
/ Clapper v. Amnesty International ,
Class Action ,
Corporate Counsel ,
Data Breach ,
Fair Credit Reporting Act (FCRA) ,
Personally Identifiable Information ,
Popular ,
SCOTUS ,
Spokeo v Robins ,
Standing ,
State Data Breach Notification Statutes
The arts and crafts retail chain Michael Stores Inc. (“Michaels”) received a late holiday gift in the form of a dismissal of a data breach class action lawsuit. On December 28, 2015, the U.S. District Court for the Eastern...more
On November 13, 2015, an administrative law judge dismissed the FTC’s enforcement action against LabMD for its data security breach in 2008. This appears to be the first dismissal of a FTC data security enforcement action....more
The importance of retaining outside counsel after a data breach was recently underscored in the Target data breach class-action litigation filed by the financial institutions. Plaintiffs filed a motion to compel Target to...more
Previously I wrote about banks joining the legal battle over data breaches. Anyone not living under a rock knows that there is multidistrict class action litigation involving Target’s massive data breach in December 2013...more
Rarely does a day go by without news of a data security breach. According to the Identify Theft Resource Center, there have been a total of 447 data breaches to date this year, which represents a 20.5% increase over the same...more
Recently California amended its privacy laws requiring website privacy notices for businesses outside California’s borders. If your business operates a commercial website that collects consumers’ personally identifiable...more