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Taxpayer Cybersecurity – Step 5: Create a Data Theft Recovery Plan

The Security Summit, consisting of the Internal Revenue Service (“IRS”), state tax agencies, and private-sector tax industry officials, is encouraging tax professionals during the 2019 summer season to take some time to...more

Has Your Computer Been Hijacked For Illicit Cryptocurrency Mining?

Another day, and another form of hacking comes to light. On June 26, 2018, the United States Computer Emergency Readiness Team (US-CERT), an agency within the U.S. Department of Homeland Security, issued a security tip...more

FTC Releases a Data Breach Response Guide For Business

Data breaches are fast becoming a fact of life. Experiencing a data breach is never a pleasant experience, regardless of how it happens – by accident, by criminal intent, or by system failure. Someone steals a company...more

Commerce Secretary: Trust Gap Hinders Cyber Attack Reporting

In a keynote address delivered on September 27, 2016 at the U.S. Chamber of Commerce’s fifth annual Cybersecurity Summit in Washington, DC, Commerce Department Secretary Penny Pritzker conceded that “the federal government...more

Congress Releases Unclassified Summary on Snowden/NSA Leak

On September 15, 2016, the House of Representatives’ Intelligence Committee released its summary findings of a two-year investigation concerning the unauthorized disclosures made by former National Security Agency (NSA)...more

The FTC Rules Against LabMD in On-Going Data Security Case

The lengthy saga between the Federal Trade Commission (FTC) and LabMD, Inc. reached another turning point on July 28, 2016. The FTC issued its unanimous Opinion in which it found that LabMD’s data security practices were...more

HIPAA News: HHS Getting Tough On ePHI Data Breaches

On August 4, 2016, the U.S. Department of Health and Human Services, Office of Civil Rights (OCR) announced a record-setting settlement with Advocate Health Care Network (Advocate) for multiple potential violations of HIPAA...more

Ransomware Attacks on ePHI May Be a Data Breach Under HIPAA

On July 11, 2016, the Office of Civil Rights (“OCR”) at the Department of Health and Human Services issued new HIPAA guidance regarding the growing epidemic of malicious computer software known as “ransomware”....more

Utah’s Personal Information Protection and Data Breach Laws

Utah, like most U.S. states, has enacted laws concerning data security and steps to take when a data breach occurs. Here is what Utah law provides as codified in Utah Code Ann §§ 13–44–101 et seq. The law has been in effect...more

Identity Theft Protection Services – Federal Income Tax Treatment

I. Executive Summary - The Treasury Department and the IRS are sensitive to the data security problems facing organizations, their employees and their customers and, as a result, have provided some welcomed...more

Nearly 50 Million Records Breached in California Since 2012

Earlier this month, the California Attorney General’s Office released the 2016 Data Breach Report covering years 2012 through 2015 for the State of California (the “AG’s Report”). The AG’s Report reveals that 557 data...more

Appellate Court Confirms the FTC’s Power to Regulate Cybersecurity

In a highly-anticipated decision, the U.S. Court of Appeals for the Third Circuit has ruled in FTC v. Wyndham Worldwide Corporation that the Federal Trade Commission (“FTC”) is authorized to pursue lawsuits against those who...more

Did the 7th Circuit Just Ease the Way for Consumer Data Breach Lawsuits?

On July 20, 2015, a federal appeals court in Chicago issued what could be a watershed ruling in favor of consumers pursuing class action lawsuits against retailers and other companies following data breaches that involve the...more

FINRA Fines Financial Firm for Failing to Encrypt Customer Data on Lost Laptop

Like other federal agencies exercising regulatory power in the data privacy and security arena, the Financial Industry Regulatory Authority (“FINRA”) is cracking down on firms that fail to meet required data security...more

Data Breach Costs Surge Again

In May 2015, the Ponemon Institute released its tenth annual Cost of Data Breach Study, sponsored by IBM. The study sets forth the average calculated cost for each lost or stolen record containing “sensitive and confidential...more

What is a Privacy Policy? – Part 1

A privacy policy is a key legal document in this new era of Big/Data/Breaches. When distilled to its essence, a privacy policy is simply “say what you do, and do what you say” with others’ personal information. A growing...more

Another Good Reason to Pay Heed to Cyber Security

For many companies, the prospect of a dreadful, costly and reputation-damaging cyber-attack and data breach is all the motivation they need to assess and improve their cyber security and data protection posture RIGHT NOW. ...more

It Takes More Than a Village: Protecting Student Privacy in the Age of Big Data

High-profile data breaches and cyber-attacks on well-known brands and businesses have dominated the news cycle for more than a year. Yet during the same time, less visible, but no less important efforts have been made to...more

5 Things Every Company's Data Security Program Should Include

What's the one thing every company's data security program must include? That's the question we put recently to experts in the field, knowing that, especially after Heartbleed, the diversity of responses would create an...more

A Brief Survey of Current and Future Developments in Privacy, Data Protection and Cyber Security Law

The challenges confronting corporate counsel regarding privacy, data protection and cyber security have never been more daunting: dealing with the threat of increasingly sophisticated cybercriminals, responding to data breach...more

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