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Magistrate Judge Rules LinkedIn’s “Reference Search” Does Not Violate Fair Credit Reporting Act

As we discussed in a previous post, a class action lawsuit (Sweet, et al. v. LinkedIn) was filed last year against LinkedIn in California based on allegations that the reference reports LinkedIn generates for premium...more

WTF Day 2

As in, “Way Too Frequently” we are hearing and reading about cyber and data breaches. The ironic hack du jour: LastPass. Wait for it: A company that lets a customer store all of his or her passwords online in a single storage...more

Risky Business: Common Cyber Security Risks, Expensive Consequences

Large-scale data breaches have become increasingly common, bringing with them not only bad press and loss of customer goodwill, but serious monetary risk. New cyber security legislation enacted in multiple states, including...more

Illinois Appellate Court Finds Non-Injured Plaintiffs Lack Standing To Pursue Claims For Technical Violations Of State Consumer...

In Maglio v. Advocate Health and Hosps. Corp., 2015 IL App (2d) 140782-U (Ill. App. Ct. June 2, 2015), the Illinois Appellate Court was asked to decide whether individuals have standing to bring suit for violations of...more

Heartland Payment Systems suffers another data breach

Heartland Payment Systems suffered one of the largest breaches in history in 2008, when over 100 million credit and debit cards issued by hundreds of financial service companies were stolen from their payroll payment...more

French Data Protection Authority Unveils Its Inspection Program for 2015

On May 25, 2015, the French data protection authority (CNIL) published its annual inspection program for 2015, unveiling its objectives and priorities for the year. This alert highlights the main priorities of the CNIL for...more

Tennessee Legislation Wrap Up: What You Need to Know Before July 1st

We have previously updated you on Tennessee's new "non-retaliation for the lawful possession of a firearm" law which will go into effect on July 1, 2015. However, now that the State Legislature has wrapped up its 2015...more

Quirky Question #260, Data breach incident response plans

Question: For data breach preparation, what guidance have federal and state regulators issued regarding incident response plans? Originally published on IRMI.com....more

New Release for Spring 2015: The Annual Verizon Data Breach Investigations Report

It’s that time of year again. Spring is in the air, flowers are in bloom, and Verizon’s annual Data Breach Investigations Report (DBIR) has been released. As in years past, this year’s numbers shed some light into, not only...more

When is a Background Search not a Background Search?

The Fair Credit Reporting Act (FCRA) was enacted to insure that consumer reporting agencies act with “fairness, impartiality, and respect for the consumer’s right to privacy.” But one federal court held recently that...more

10 Tips for Fostering a Business Culture of Cybersecurity Awareness

Businesses are recognizing the need for new approaches to data security as high-profile cybersecurity incidents reveal the true impact a data breach can have on an organization. One of the biggest realizations is that IT...more

Premera Cyber-Attack Announced: Defining Your Obligations as an Employer

On March 17, 2015, Premera announced a data breach involving the personal information of more than 11 million individuals resulting from what it characterized as a sophisticated, targeted cyber-attack. Employers and plan...more

Federal and State Governments Respond to Recent Data Breaches and Propose New Cybersecurity Laws

Over the past few months, major retailers and Internet content providers, like Target and Sony, have been victims of massive cyber-attacks resulting in the release of customer credit card data, private corporate e-mails, and...more

Anthem Data Breach Requires Plan Sponsor Attention

On January 29, 2015, Anthem Inc., one of the largest managed health care companies in the country, disclosed that the sensitive personal data of almost 80 million current and former participants in its network was breached in...more

“Bring Your Own Device” To Work Programs: Regulatory and Legal Risks and How To Minimize Them

If you’ve ever left your mobile phone on an airplane, in a restaurant, or somewhere other than in your possession, you know it’s frightening enough to think of losing the device itself, which costs a premium, as well as your...more

Responding to the Anthem Cyber Attack

Anthem Inc. (Anthem), the nation’s second-largest health insurer, revealed late on Wednesday, February 4 that it was the victim of a significant cyber attack. According to Anthem, the attack exposed personal information of...more

CalPERS Members Impacted by Anthem Blue Cross Cyber-Attack

Anthem Blue Cross, one of the nation’s largest health insurance providers, announced last week that it was the target of a cyber-attack in which attackers gained unauthorized access to its IT systems and records....more

Employers: What the Anthem Breach Means to You

On Feb. 4, 2015, Anthem announced a data breach involving the personal information of more than 80 million individuals resulting from what it characterized as a sophisticated, targeted cyber-attack. Group health plans may be...more

Anthem Breach – Implications for What Constitutes “Reasonable” Security Procedures Under California Law.

Upwards of 80 million Americans may be affected by the Anthem data breach.  According to Anthem’s press release, the hackers gained access to the names, birthdays, medical IDs/social security numbers, street addresses, email...more

Anthem, Inc. Breach

Anthem, Inc., the country’s second biggest health insurer, announced on Wednesday, February 4, 2015, that it suffered a data breach containing the personal information for about 80 million customers and employees due to an...more

BakerHostetler 2014 Year-End Review of Class Actions (and what to expect in 2015)

We are pleased to share with you the BakerHostetler 2014 Year-End Review of Class Actions, which offers a summary of some of the key developments in class action litigation during the past year. Class action litigation...more

Looking At Angles Of Liability After A Cyberattack

All employers have personnel data on their information technology systems and devices. This data includes personally identifiable information such as names, addresses, birth dates and Social Security numbers of employees and...more

It’s Data Privacy Day 2015

Use the Opportunity - Data Privacy Day is another opportunity to push out a note to employees regarding their own privacy and security — and how that can help the company. Emails with articles and reminders are...more

What Obama's Proposed Anti-Hacking Legislation Means for Entrepreneurs

The slew of highly publicized data breaches over the past few years has brought the issue of cyber-security truly to the mainstream -- most recently reaching our living rooms through President Barack Obama’s State of the...more

Data Breach Notification Law Even Applies to You, California Employer

Months before the well-publicized Sony catastrophe, California passed Assembly Bill 1710, which was signed into law on September 30, 2014, and became effective on January 1, 2015. The most discussed part of this new law...more

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