Privacy Updates

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Sizing Up Cyber Risks after the Sony Breach

Sony’s most recent data breach underscores the difficulties in underwriting and insuring cyber risk. Sony incurred losses that were surprising in both their scope and type. The company already is a defendant in at least four...more

Consumers Permitted To Proceed With Data Breach Class Action Against Target

On December 18, 2014, the U.S. District Court for the District of Minnesota ruled, in a 46-page opinion, that a putative class of consumers could proceed with a majority of their claims against Target arising from the data...more

Congress Passes Five Cybersecurity Bills During The Lame Duck

Congress surprised many by passing five cybersecurity bills during the post-election “lame duck” session that concluded last week. The White House has indicated that the President will sign all five measures into law. ...more

Illinois Federal Court Dismisses Customer Data Breach Class Actions Against P.F. Chang’s

On December 10, 2014, a United States District Court in the Northern District of Illinois dismissed the class action complaints filed by two customers of P.F. Chang’s China Bistro who alleged damages resulting from a data...more

New California Privacy Laws

California continues to lead the way in passing new or updating existing data protection legislation. The weekly disclosure of new data breaches that involve retail and other corporations has focused the general public...more

On the Twelfth Day of Privacy, My True Love Gave to Me …. 12 Different Types of Wearables!

And what will that new gadget be spilling about you?? There is no doubt that wearable devices are among the hottest gifts of the season! From fitness bands and smart watches to wearable cameras and the Google Glass,...more

A Reminder about the New Tennessee Password Protection Law

Just a quick holiday reminder that Tennessee's new password protection law goes into effect next Thursday, January 1, 2015. Under the new law, employers can no longer...more

Court Grants Motion To Dismiss Allegations Against P.F. Chang’s

In a seven-page opinion, the U.S. District Court for the Northern District of Illinois granted P.F. Chang’s motion to dismiss claims brought by two of its customers alleging that P.F. Chang’s failed to comply with reasonable...more

North Korea’s Attack Raises Critical Coverage Issues and TRIA Implications

Potential Critical Coverage Issues - The FBI advised that the recent attack on Sony Pictures Entertainment (SPE) “destroyed systems” and “rendered thousands of SPE’s computers inoperable, forced SPE to take its entire...more

ISO Adopts Standard for Privacy in the Cloud

The use of public cloud computing services- broadly defined as contracting with another company for the provision of computing resources (networks, storage, applications, and services), offers many potential benefits for...more

President Obama Signs Several Bills Aimed at Cybersecurity

On December 18, 2014, President Barack Obama signed several significant cybersecurity bills into law. These bills include the Federal Information Security Modernization Act, the Border Patrol Agent Pay Reform Act, the...more

The Employee Zone Of Privacy

Employers should recognize an employee’s zone of privacy in the workplace. Business owners and managers need to understand that while they have their employees’ attention for much of the workday, there are limits. An employer...more

The Sony Pictures Entertainment, Inc. Scandal Serves as a Warning to Employers About Computer Security

In recent days, the scandal with Sony Pictures Entertainment, Inc. went from an embarrassing tabloid scandal to a possible terrorist threat. The breach also has impacted thousands of current and former employees....more

What Preemption? Connecticut State Court Gives Life to Negligence Claims Based on HIPAA Privacy Standard of Care

Like many federal statutes, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) contains a provision governing how the statute is designed to interact with similar or otherwise related state laws. When...more

Court Allows Consumers To Proceed With Data Breach Class Action Against Target

On December 18, 2014, the U.S. District Court for the District of Minnesota ruled, in a 46-page opinion, that a putative class of consumers could proceed with a majority of their claims against Target arising from the data...more

The Coming of the Drones

Amazon isn’t the Only Business That Would Love to Get its Hands on “Octocopter” - Don’t look now—hobbyists may already be flying drones in the skies near you, and commercial uses are emerging. The New York Times...more

A Proxy Season Guide to 2015

With the close of another year quickly approaching, it is time again for public companies to get equipped with the developments of the past year in order to position themselves for success in 2015. A review of previous years’...more

On the Eleventh Day of Privacy, the Drones Brought to Me…..

..new insurance coverage endorsements - A few days ago, media outlets released a video of a kangaroo knocking a drone out of the sky. Apparently, this “privacy loving” kangaroo was less than pleased with the...more

Cybersecurity Lessons Learned From the FTC’s Enforcement History

In 2014, cybersecurity and data breach incidents regularly made the headlines, with the reported breaches becoming increasingly large and complex. As in the past, these data breaches have inevitably been followed by a flurry...more

Social media sweepstakes: 10 things you should know

“How did we have sweepstakes before Facebook?” That question, which I heard during a call last week, summarizes the tremendous impact that social media has had on the use of sweepstakes and contests. These promotions are more...more

The Neiman Marcus Group LLC Urges Seventh Circuit To Deny Appeal

Neiman Marcus Group LLC (“Neiman Marcus”) filed its response to plaintiffs’ appeal of the Illinois federal district court’s decision dismissing plaintiffs’ purported class action claims. Plaintiffs alleged that Neiman Marcus...more

New Cybersecurity Laws Protect Government Agencies from Cyber Attacks

On December 18, President Obama signed five cybersecurity-related bills into law; an attempt to increase cyber protection in the wake of recent data breaches. This is the first time in 12 years that any significant...more

Accidental Disclosure Waives Privilege Under Public Records Act

Court of Appeal Says Privilege Removed Under PRA By Inadvertent Disclosure of Privileged Documents - If a privileged document is accidentally released to the public during compliance with a Public Records Act request,...more

What Can You Expect in 2015 Regarding HIPAA Enforcement?

As of earlier this month, 1, 170 breaches involving 31 million records have been reported to the Department of Health and Human Services (HHS) since mandated reporting of breaches began in September 2009.  An increase in the...more

National Institute of Standards and Technology Publishes New Guidance on Privacy Controls

On December 16, the NIST announced the release of its new guidance on assessing the security and privacy safeguards for federal information systems and organizations. The updated guidance will be used by government IT...more

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