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Washington Amends its State Data Breach Notification Law

On April 13, the Washington State Senate unanimously passed an amendment to the state’s data breach notification law. The amendment, which was requested by Washington Attorney General Bob Ferguson, and which we discussed in...more

UPDATE: Target Confirms It Has Negotiated A $19 Million Data Breach Settlement With MasterCard

Target confirmed a report in the Wednesday edition of The Wall Street Journal of a settlement with MasterCard concerning claims of card-issuers arising from Target’s 2013 data breach. The data breach, which occurred during...more

FTC Scrutinizes Two Companies For Falsely Reporting Compliance With E.U. Safe Harbor In Privacy Policies

On April 7, 2015, the Federal Trade Commission (“FTC”) announced that two companies have agreed to settle claims that the companies failed to update their privacy policies to reflect lapsed compliance with the U.S.-E.U. and...more

Legal Departments: New PCI DSS Requirements Mandatory in June

PCI Council publishes new PCI Data Security Standard Version 3.1 and provides very short time to implement new encryption standards. The PCI Council just published a new version of the PCI Data Security Standard (PCI...more

Significant Guidance Released Regarding HIPAA Compliance

The Office of the National Coordinator for Health IT (ONC) released an updated version of the 2011 Guide to Privacy and Security of Electronic Health Information (Guide). The 62-page Guide provides significant guidance to...more

The FCC Just Upped the Ante for Communications Providers and the FTC with a $25 Million Fine, a Detailed Information Security...

The FCC has been warning communications companies for months that protecting consumer privacy and information security is a top priority, and the recent announcement of a $25 million settlement with AT&T over its alleged...more

Consumer Protection and Your Business

You’ve been hearing for a while now that the regulatory environment has been changing, and you follow the Consumer Financial Protection Bureau (“CFPB”) alerts to see if this new regulator will be looking at your type of...more

Into the Breach: Tips for Effectively Partnering With Outside Counsel in the Data Breach Planning Process

Target recently announced that the total cost of its data breach response efforts since late 2013 now exceeds $252 million (approximately $90 million of that has been offset by insurance proceeds). Such news, particularly...more

Data Privacy Challenges & Considerations for Cross-Border Ethics & Compliance Investigations

What investigators need to know—and do—to adhere to data privacy laws relating during ethics and compliance investigations. Investigations of potential misconduct can be taxing for any organization. But for...more

California DOJ Surprises More Than 100 Retailers with Transparency in Supply Chains Act Notification

This week, the California Attorney General’s Department of Justice sent letters to a large number of retailers, notifying those retailers that they may be subject to California's Transparency in Supply Chains Act (the “Act”...more

Big Data Bankruptcy Sale Derailed – RadioShack’s Customer Information Draws Objections

On March 20, 2015, the State of Texas filed an objection to the sale of customer information in the In re RadioShack Corporation, et al., Case No. 15-10197, case pending in Delaware. According to the objection, the customer...more

New Executive Order Authorizes Economic Sanctions to Combat Malicious Cyber Activity

Calling cyber threats “one of the most serious economic and national security challenges to the United States” and declaring a national emergency relating to those threats, on April 1, 2015, President Obama issued an...more

15 Things To Do To Protect Value After April 15

April 15, a date that lives in infamy. That is what FDR said about December 7, 1941, but many people feel the same way about April 15, also known as “Tax Day”. No one likes paying money to the IRS, even those persons who...more

NJ Connected Car law changes the landscape of IoT

The recent approval by New Jersey of a law on the ownership of data generated by connected cars might have an impact on the future of the Internet of Things (IoT) providing an interesting approach also for European privacy...more

Blog: HIPAA FAQ Series: Do You Need a BAA with Your Mail Carrier?

This week, the HIPAA FAQ series continues with a topic about business associate agreements (BAAs). Most Covered Entities and Business Associates are familiar with general BAA obligations. ...more

Alert: How businesses can prepare for the Russian data protection law

In July 2014 President Putin approved Federal Law No. 242-FZ ("On Amendments to Certain Laws of the Russian Federation in Order to Clarify the Procedure for Personal Data Processing in Information and Telecommunications...more

Up, Up, and Away: Insurance Market for Commercial Drones Set to Take Off

Unmanned Aerial Vehicles (UAVs or Drones) have been in the news increasingly over the past decade. While it began, primarily, with the federal government’s use of Drones through the military and federal law enforcement...more

New PCI Tokenization Guidelines

Last week, the Payment Card Industry Security Standards Council released new guidelines related to the security of tokenization products. The guidelines are a set of technical best practices for evaluating tokenization...more

Intellectual Property and Technology News

In This Issue: - Biosimilars In The US - Introducing Cybertrak - Free and Open Source Compliance: Action Steps - Falling Prices At The Pump - Put A Premium On Energy IP - Supreme Court Corner - Excerpt...more

Huge Settlement in Massive Data Breach, But Will It Help?

Remember the massive data breach incident at Target stores during the holiday season of 2013? It resulted in a huge class action suit that may soon be settled for $10 million. Could this be the cautionary tale to get...more

Privacy rights group speaks out against FAA’s proposed framework on commercial use of drones

On March 31, 2015, the Electronic Privacy Information Center (EPIC) filed a petition against the Federal Aviation Administration’s (FAA) proposed rule on commercial drone use, in the D.C. Circuit. EPIC believes that the FAA...more

Guard Your Sheep, The Dyre Wolf is Coming

IBM announced this week that it had uncovered a highly-sophisticated scheme to steal funds from medium to large U.S.-based companies. The scheme dubbed “The Dyre Wolf” only targets companies, unlike past schemes which also...more

Cybersecurity Breach: Are Board Members at Risk?

It seems a month does not pass in which some sort of breach of confidential data of a business is not announced to the public. With the increase in cybersecurity breaches, so increases board members’ exposure to litigation...more

Toss or Keep Document Retention in a Hospital Setting

Deciding how long to hold on to specific records in your hospital can be a challenging task, especially when the facility deals with so many different types of records. You may be tempted to hold on to everything indefinitely...more

Beware medical records subpoenas: Connecticut Supreme Court issues opinion on negligence for noncompliance with HIPAA standards

Health care providers and their medical records custodians constantly find themselves under pressure to release medical records immediately upon receipt of a subpoena. However, regardless of the subpoena or the pesky...more

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