The Supreme Court has declined, for now, to decide when attorney-client privilege will apply to communications viewed by courts as made for both legal and other purposes. In October 2022, the Court granted certiorari in In...more
In a significant development in anti-hacking criminal enforcement, the Department of Justice last week released new guidance for charging violations of the Computer Fraud and Abuse Act (“CFAA”), the nation’s premier computer...more
Ransomware attacks have become headline news in the mainstream media, and a hot topic not only on this blog but in government circles. And with good reason as the United States suffered a staggering 421.5 million ransomware...more
4/5/2022
/ Corporate Counsel ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Security ,
Information Reports ,
Popular ,
Ransomware ,
Risk Management
In the wake of a data breach, counsel will often require the assistance of a forensic firm in order to provide legal advice to their client. The forensic analysis—which is often memorialized in a report to counsel—is crucial...more
In a win for data privacy defendants, Walmart secured a ruling that favors a narrow interpretation of the California Consumer Privacy Act (CCPA). In Gardiner v. Walmart Inc. et al, 4:20-cv-04618-JSW, a Walmart customer,...more
Well before the California Attorney General’s power to enforce the California Consumer Privacy Act (CCPA) commenced on July 1, 2020, as we have recently reported, private plaintiffs had already jumped into the fray, suing...more
The California Consumer Privacy Act (“CCPA”) becomes operative on January 1, 2020. See Cal Civ. Code § 1798.100 et al. To date, the CCPA is the most sweeping consumer privacy law in the United States, covering most for-profit...more
10/3/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Personal Information ,
Privacy Laws ,
Private Right of Action
On May 6, 2019, Magistrate Judge Gorenstein issued an order that should be a wake-up call for attorneys contemplating hiring and sharing privileged communications with an outside public relations firm. This decision also has...more
In a significant ruling addressing the scope of the attorney-client privilege and work product doctrine in a data breach case, a Federal judge in Oregon ordered Premera Blue Cross, the Washington-based healthcare services...more
11/10/2017
/ Attorney-Client Privilege ,
Corporate Counsel ,
Cyber Attacks ,
Data Breach ,
Discovery ,
Health Insurance ,
HIPAA Breach ,
Personally Identifiable Information ,
PHI ,
Premera Blue Cross ,
Putative Class Actions ,
Work-Product Doctrine
New filings in the consolidated Home Depot data breach litigation, which we have previously covered on this blog, indicate that Home Depot and the remaining financial institution plaintiffs have reached a...more
3/13/2017
/ Class Action ,
Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Debit and Credit Card Transactions ,
Financial Institutions ,
Home Depot ,
Malware ,
Point of Sale Terminals ,
Popular ,
Retail Market ,
Settlement
Banner Health recently announced that hackers may have gained “unauthorized access to patient information” and “payment card data” from approximately 3.7 million patients, health plan members, food and beverage customers, and...more
More than a year and a half ago, Home Depot announced that it had been a victim of one of the largest data breaches in U.S. history. Media outlets reported that the breach had affected Home Depot’s customers who had made...more
5/9/2016
/ Article III ,
Banking Sector ,
Class Action ,
Corporate Counsel ,
Cyber Attacks ,
Data Breach ,
Financial Institutions ,
Free Identity Theft Protection ,
Hackers ,
Home Depot ,
Malware ,
Negligence ,
Popular ,
Qualified Settlement Funds ,
Standing
For your convenience, a short list of JD Supra writers covering the myriad issues raised surrounding Cybersecurity, date privacy and protection, and related matters. ...more
Self-defense is a natural, almost reflexive human instinct. But it has a complicated history in American law, full of contradiction and compromise. Many jurisdictions have long recognized that an otherwise illegal act—such...more