Privacy Updates

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Sixth Circuit Lowers Bar For Plaintiff’s Standing To Sue In Data Breach Cases

On September 12, 2016, a split panel from the U.S. Court of Appeals for the Sixth Circuit held in an unpublished opinion that customers of Nationwide Mutual Insurance (“Nationwide”) could pursue claims stemming from a 2012...more

Quick Thoughts About the Yahoo Breach

Another day, another 500 million Yahoo accounts reached. Our friends at the FTC are right on top of this with guidance for individuals with Yahoo accounts. First and foremost, change your Yahoo password....more

New York State Department of Financial Services Proposes Cybersecurity Regulations for Financial Services Companies

If the New York State Department of Financial Services (“DFS”) has its way, come January 1, 2017, financial services companies that require a form of authorization to operate under the banking, insurance, or financial...more

Don’t doubt the data breach: Massive Yahoo hack reminds us it’s not if, but when

Today, September 22, 2016, internet giant Yahoo announced a data breach that exposed the information of over 500 million of its users. The breach, announced by CEO Melissa Meyer, involved the breach of Yahoo servers exposing...more

Bavarian Data Protection Authority issues new guidance paper on handling personal data breaches under the General Data Protection...

On 19 September 2016, the Bavarian Data Protection Authority (“DPA”) issued a new guidance paper on handling personal data breaches under the new EU General Data Protection Regulation (“GDPR”) in the course of a series of...more

The Future of Tran-Atlantic Data Transfers

Ireland was recently stunned with the news that Apple owed it 13 billion euros it did not want. The underlying tax arrangement was relatively straightforward: Corporations that do businesses in different jurisdictions often...more

Employee’s Wife Pleads Guilty to Charges After He Stole Patient Information

The Manhattan District Attorney announced this week that a former employee of Lenox Hill Hospital’s wife plead guilty to grand larceny, identity theft in the first degree, and criminal possession of stolen property after her...more

Your daily dose of financial news - The Brief – 9.23.16

Well, see, Yahoo just doesn’t have enough on its plate these days. So why not the revelation that hackers stole data on 500 million users in 2014? The hack—thought to be a state-sponsored affair—is likely the biggest data...more

Proposed Cybersecurity Regulations for NY Licensed Financial Services Entities

New York Governor Andrew M. Cuomo recently announced a proposed regulation to protect New York State from the ever-growing threat of cyber-attacks. The proposed regulation requires banks, insurance companies, and other...more

Dedicated Physical Server Hosting versus Cloud Hosting Environments: Which is Better for Your eDiscovery Data?

Businesses, including corporations and law firms, are increasingly choosing to host their business-critical applications with third parties to reduce (or avoid altogether) CapEx and OpEx associated with installing and...more

CAS Legal Mailbag Question of the Week – September, 2016 #2

Dear Legal Mailbag: Recently, a parent called to complain about a teacher’s being “spaced-out” when she talked to him about her child. This parent is quick to draw judgments about people and even quicker to share them. I...more

NY DFS Announces Proposal for Cybersecurity Rules for Financial Services Companies

On September 13, 2016, New York Governor Andrew Cuomo announced a proposal by the New York Department of Financial Services (the DFS) of a rule that establishes cybersecurity requirements for financial services companies...more

Privacy Tip #53 – Valuable Lesson: Don’t Write Down Passwords

I have been doing a lot of live employee training lately. I really enjoy it, and have been told that it is some of the most entertaining training around. The reason why I can get the audience to laugh is because I tell real...more

6th Circuit “Stands” Up for Plaintiffs in Data Breach Suit

A recent decision by the U.S. Sixth Circuit Court of Appeals lowers the threshold for standing in data breach cases, giving data breach victims an easier path to sue the companies from which their data was stolen. Adam Frey...more

How Safe is Your Data Center?

This was the topic of Legaltech News’ story on 10 best practices for data security and what you need to know about how and where your information is stored, by Christine Yi of Xerox Legal Business Services When you are...more

“Full Employment for CISOs in New York”: New York Proposes the Nation’s First Cybersecurity Regulation

If you’re a CISO living in New York get ready for the phone calls!!! On September 13, 2016, Governor Andrew M. Cuomo proposed the nation’s first cybersecurity regulation. Starting on September 28, 2016 there is a limited 45...more

Drone Laws and Privacy in Canada

‘Drones’ were first known by the military as unmanned aerial vehicles, and later by the International Civil Aviation Organization as remotely piloted aircraft systems. Drones come in various shapes and sizes and can be...more

Gannett Cannot Escape Privacy Suit Over USAToday App

On Friday September 2, the United States District Court for the District of Massachusetts ruled against Gannett Company, Inc. (“Gannett”) in a case where Gannett allegedly violated the Video Privacy Protection Act (“VPPA”) by...more

What to Expect from the EU’s New Network and Information Security Directive

On July 6, 2016, the European Union adopted Directive (EU) 2016/1148, “concerning measures for a high common level of security of network and information systems across the Union,” otherwise known as the Network and...more

Advertising Law - September 2016 #3

Consumer Groups Urge FTC Action on Influencers - Consumer groups are urging the Federal Trade Commission to review comments by social media influencers for possible violations of the agency's guidance regarding...more

Are Your Social Media Fans Cybersecurity Savvy?

Today’s online world is all about engaging and staying connected with others via social media. For businesses, establishing a presence on various social media platforms is an enticing way to connect with current customers as...more

Financial Services Weekly News - September 2016 #2

Editor's Note - In this edition. The NYDFS proposed a cybersecurity regulation governing New York-chartered banks and insurance companies, the OCC released its bank supervision priorities in its annual supervision...more

Healthcare Data Breach Enforcements and Fines At A Glance

The Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) is responsible for enforcing the Privacy and Security Rules of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)....more

Is your cybersecurity upgrade FDA reportable?

In today’s marketplace, technology evolves at a rapid rate, and must adapt to changing circumstances, such as threats to cybersecurity. For device companies, some types of modifications to devices post-market - potentially...more

NHTSA Releases Autonomous Vehicle Policy and Guidelines

Today, the National Highway Traffic Safety Administration (NHTSA) released its long-awaited Policy and guidelines regarding autonomous vehicles. The Federal Automated Vehicles Policy consists of four parts: (1) Vehicle...more

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