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Blog: Introduction to Europe’s General Data Protection Regulation

by Cooley LLP on

What is it? The General Data Protection Regulation (GDPR) is a European law that will govern how companies (whether EU-based or not) use personal data. It replaces the existing law on use of personal data and comes into...more

Not A Minor Issue! FTC Updates COPPA Compliance Plan

by Fox Rothschild LLP on

This week, the Federal Trade Commission (FTC) updated its guidance for businesses on complying with the Children’s Online Privacy Protection Rule (COPPA) . If a website operator or operator of online services collects...more

Power Outage Shows Unique Risks for Airport Cybersecurity

by Baker Donelson on

On May 27, 2017, thousands of British Airways passengers across the globe were stranded when a simple power failure took down critical systems, including those used to check in passengers. As images of crowded terminals and...more

Customers Sue Darden Restaurants Over Information on Receipts

by Reed Smith on

A class action lawsuit was recently filed against Darden Restaurants, Inc. (“Darden”), alleging that Darden violated the Fair and Accurate Credit Transactions Act (“FACTA”). Specifically, the plaintiffs alleged that...more

US Companies Create Principles for Cybersecurity Risk Ratings

by BakerHostetler on

On June 20, 2017, the U.S. Chamber of Commerce announced that a consortium of more than two dozen chamber member companies, including prominent big banks, big-box retailers, and technology giants released a set of principles...more

Could Your Website Be Collecting Information from Kids? Federal Trade Commission Issues 6-Step Plan for Complying with the...

by Balch & Bingham LLP on

This month, the Federal Trade Commission (FTC) issued guidance for businesses operating websites and online services looking to comply with the Children’s Online Privacy Protection Act (“COPPA”). COPPA addresses the...more

District of New Jersey Further Defines the Evolving Boundaries of Injury-in-Fact After Spokeo

by BakerHostetler on

On June 6, 2017, in Kamal v. J. Crew Grp, Inc., No. CV 2:15-0190, 2017 WL 2443062 (D.N.J. June 6, 2017), the United States District Court for the District of New Jersey dismissed a plaintiff’s second attempt to assert a claim...more

Autonomous Cars One Step Closer to Reality in Colorado

by Ballard Spahr LLP on

This month, Colorado joined a growing list of nearly half of U.S. states when it enacted a law approving the use of autonomous driving systems. The Colorado law governs systems capable of controlling highly and fully...more

NYS Cyber Regulation Countdown: Continuous Monitoring

In our series of posts leading up to the August 28th deadline for the first phase of requirements under New York’s cybersecurity regulation, the Patterson Belknap team looks at issues that institutions face as they implement...more

Northern District of Illinois Dismisses Barnes & Noble Data Breach Lawsuit

by Alston & Bird on

Earlier this month, the United States District Court for the Northern District of Illinois entered an order dismissing with prejudice a putative class action concerning a security breach affecting PIN pad devices at numerous...more

My Entity Just Experienced a Cyber-Attack! What Do We Do Now?

by Balch & Bingham LLP on

On June 9, 2017, the U.S. Department of Health and Human Services (HHS), Office of Civil Rights (OCR) released a cyber-attack “Quick Response” checklist (the Checklist) for the benefit of HIPAA covered entities and business...more

DFS Cyber Compliance Nightmare? New survey reports less than half of financial firms will meet deadline

A new survey by the Ponemon Institute reports that less than half of the financial institutions covered by New York’s sweeping new cybersecurity regulation say they will “likely” meet next February’s compliance deadline. And...more

U.S. Court Upholds Privilege Claim Respecting Report Prepared Following Data Breach

Those following developments in the data breach litigation space will be interested in the recent decision, In re Experian Data Breach Litigation (In Re Experian), where the California District Court upheld a privilege claim...more

Increased focus on global privacy and data protection for Australian organisations

by DLA Piper on

With the continuing uncertainty following the UK general elections result, it will be interesting to see the new government's approach to Brexit and its future stance on European Union (EU) regulatory requirements,...more

Enforcement Considerations for the Health Care Industry in the Wake of the WannaCry Ransomware Attack

by Ropes & Gray LLP on

On May 12, 2017, the WannaCry ransomware cryptoworm attacked over 230,000 computers in over 150 countries, holding data on the computers for ransom. WannaCry spread rapidly through networked systems that had not been updated...more

Data Gets Personal

by Conduent on

The average total cost per data breach for a U.S. company is $4 million, not to mention reputational damage to the brand and possible litigation1 . No entity is immune from ransomware gangs, careless employees exposing...more

Washington Enacts a Biometric Privacy Statute in a Departure from the Existing Standard

We have been writing about the biometric privacy legal landscape, which has thus far been dominated by the Illinois Biometric Information Privacy Act (BIPA). While there are a number of states that are considering bills...more

EHR Vendors Beware: eClinicalWorks Settles with DOJ for $155 Million

by Dorsey & Whitney LLP on

The Department of Justice (“DOJ”) announced on May 31, 2017, a $155 million settlement of its lawsuit alleging False Claims Act (“FCA”) and Anti-Kickback Statute (“AKS”) violations committed by eClinicalWorks (“eCW”), one of...more

Yet another Target settlement highlights data breach costs

by Thompson Coburn LLP on

In what appears to be the closing act of the saga that is the Target data breach, on May 23 the retailer announced it had reached a settlement agreement with a coalition of 47 states’ attorneys general. Pursuant to the...more

AICPA Releases Cybersecurity Risk Management Reporting Fact Sheet for CPAs Without a Key Recommendation

The American Institute of CPAs (AICPA), has released a risk management reporting framework that is intended to “establish a common, underlying language for Cybersecurity risk management reporting—almost akin to US GAAP or...more

Drone Federalism Act, Seeking Regulation of Drones at the Local Level

The Drone Federalism Act of 2017, introduced by U.S. Senators Dianne Feinstein, Mike Lee, Richard Blumenthal, and Tom Cotton, seeks to “establish a process for federal, state, local and tribal governments to work together to...more

NAIC Insurance Summit 2017: Innovation and Disruption Are Top of Mind for State Regulators

by Mintz Levin on

From May 22-26 Mintz Levin participated in the annual NAIC Insurance Summit in Kansas City. A main theme of this year’s Summit was technology and innovation. The Summit was remarkable in that it served as a meeting grounds...more

The EU’s New General Data Privacy Regulation (GDPR) – Global Companies New Compliance Test

by Michael Volkov on

Global companies face a daunting array of risks – anti-corruption, trade compliance, antitrust, and money laundering are just a few. The European Union, however, has escalated the data privacy issue right into the corporate...more

Protecting Breach Investigation Reports in Litigation – Key Actions

by Baker Donelson on

A recent opinion from the District Court for the Central District of California in In re Experian Data Breach Litigation offers some examples of best practices for establishing the work-product privilege over certain...more

Managing Cyber Risks: Tips for Purchasing Insurance That Works for Your Business – Part II

by Blank Rome LLP on

This article highlights several strategies for maximizing the value of a cyber insurance purchase. The first part of the article, which appeared in the May 2017 issue of Pratt’s Privacy & Cybersecurity Law Report, highlighted...more

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