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
The Wall Street Journal recently reported that well-known cybersecurity startup Tanium, Inc. had been inadvertently exposing one of its clients’ sensitive data during product demonstrations....more
A recently introduced bipartisan bill seeks to provide state and local authorities with additional resources to assist in the fight against cybersecurity threats. Last month, Senators John Cornyn (R-Tex.), Patrick Leahy...more
The U.S. Securities and Exchange Commission is reportedly looking into whether two data breaches at Yahoo!, Inc. should have been disclosed earlier. In a front page article today, the Wall Street Journal reported that...more
On Wednesday, Yahoo! disclosed that more than 1 billion of its users’ personal information was exposed in a newly discovered cyber-attack, making it the largest data breach reported to date. The breach apparently took place...more
With the public comment period closing in a few days, the New York Department of Financial Services (DFS) “first in the nation” cybersecurity regulation is one step closer to becoming law. The regulation – which covers a...more
The aftermath of Yahoo’s data breach has raised a number of questions from customers, law enforcement, and most recently six U.S. Senators.
Yesterday, Senators Patrick Leahy, Al Franken, Elizabeth Warren, Richard...more
This week, in the first post-Spokeo circuit court decision to address standing in a data-breach class action, the Sixth Circuit joined the Seventh Circuit in holding that plaintiffs whose sensitive personal information has...more
9/16/2016
/ Article III ,
Bailments ,
Class Action ,
Corporate Counsel ,
Data Breach ,
Fair Credit Reporting Act (FCRA) ,
Hackers ,
Identity Theft ,
Injury-in-Fact ,
Nationwide Insurance Co. ,
Negligence ,
Neiman Marcus ,
Personally Identifiable Information ,
PF Chang's ,
Popular ,
Spokeo v Robins ,
Standing
There’s no denying it: Pokémon GO is a phenomenon.
The smartphone game, in which players use their mobile device camera and GPS to capture, battle, and train virtual creatures, was released in the United States on July...more
The U.S. International Trade Commission (“ITC”) last week launched an investigation into United States Steel Corporation’s (“U.S. Steel”) complaint that Chinese hackers stole trade secret information—including proprietary...more
6/1/2016
/ Administrative Law Judge (ALJ) ,
China ,
Hackers ,
Illegal Imports ,
International Trade Commission (ITC) ,
Popular ,
Section 337 ,
State-Owned Enterprises ,
Steel Industry ,
Tariff Act of 1930 ,
Trade Secrets ,
Unfair Competition ,
US Steel
Today, the U.S. Supreme Court decided one of the Term’s most closely watched cases: Spokeo, Inc. v. Robins. The 6-2 decision, while far from sweeping, creates a hurdle for plaintiffs in “no-injury” class actions....more
Yesterday, President Obama issued an Executive Order creating a Commission on Enhancing National Cybersecurity within the Department of Commerce. The commission “will make detailed recommendations to strengthen cybersecurity...more
After several fits and starts, Congress finally passed the Cyber Information Sharing Act of 2015 (CISA) as part of the omnibus budget bill. President Obama signed the bill into law on December 18, 2015.
CISA allows—but...more
Today, Target and a class of banks that issued credit cards that were compromised in the Target data breach announced they have reached a $39.4 million settlement.
Up to $20,250,000 of the settlement will go to a...more
Last Monday, the Supreme Court heard argument in Spokeo, Inc. v. Robins, one of this Term’s closest-watched cases, especially in the data-privacy field. While attempting to “read the tea leaves” from oral argument can be...more
Picture this: A criminal defendant is indicted for three counts related to the possession of methamphetamine, and federal prosecutors obtain a warrant for the defendant’s iPhone. But the iPhone is passcode protected, and...more
In a test of the Federal Trade Commission’s authority to police cybersecurity, the Third Circuit Court of Appeals yesterday ruled that the agency has broad power to take action against private sector companies which fail to...more
When hackers breach a business’s systems, class actions are sure to follow. Often, however, these suits have faltered right out of the starting gate. Citing the Supreme Court’s 2013 decision in Clapper v. Amnesty...more