Mintz Levin - Privacy & Security Matters

A Failed Strategy: Another Derivative Action In A Data Breach Case Goes Down To Defeat

Dismissal Of Home Depot Derivative Action Extends Shareholder Losing Streak An attempt to impose liability on corporate officers and directors for data breach-related losses has once again failed. On November 30, 2016, a…more
| Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

House Energy & Commerce Committee Holds Hearing on Security of the Internet of Things

The growing scale of cybersecurity concerns is prompting action from government leadership on the federal level. Before the Thanksgiving recess, the House’s Committee on Energy and Commerce got in on the act when two of its…more
| Consumer Protection, Privacy, Science, Computers, & Technology

NIST Issues Internet of Things (IoT) Guidance

Smart machines connected to the internet have become ubiquitous in our daily lives. They make up the Internet of Things (“IoT”), a vast web of interconnected iPhones and Fitbits, tablets and cameras, even baby monitors and…more
| Consumer Protection, Privacy, Science, Computers, & Technology

The Cyber President? What To Expect From the Trump Administration On Cybersecurity And Privacy

Even president-elect Donald Trump has been the victim of a data breach. Several times actually. The payment card system for his Trump Hotel Collection was infected by malware in May 2014 and 70,000 credit card numbers were…more
| Elections & Politics, International Law & Trade, Privacy, Securities Law

California AG Guidance for the Ed Tech Industry: 6 Recommendations to Protect Student Data Privacy

Developers and operators of educational technology services should take note. Just before the election, California Attorney General Kamala Harris provided a document laying out guidance for those providing education technology…more
| Consumer Protection, Education, Privacy, Science, Computers, & Technology

What You Need to Know about the New Broadband Privacy Regulations

As we previewed last week, the Federal Communications Commission (FCC) has adopted new privacy rules that govern Internet service providers’ (ISPs) handling of broadband customer information. Though the Wireline Competition…more
| Antitrust & Trade Regulation, Communications & Media Law, Privacy, Science, Computers, & Technology

How did the Internet of Things allow the latest attack — on the Internet?

Over the last week, details have become available to explain how an attack against a well-known domain name service (DNS) provider occurred. What about the potential legal risks? We will attempt to provide insights into…more
| Consumer Protection, Privacy, Science, Computers, & Technology

FCC Adopts Controversial Broadband Privacy Regs

BREAKING NEWS – The FCC has voted 3-2 along party lines to require internet service providers (ISPs) to get a customer’s explicit consent before they can use or share what is termed “sensitive” personal information. That…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Insurance Regulators Fine Tuning Cybersecurity Guidance

You may not realize how much personal information your insurance company has about you. Scarier still is that much of this data is sensitive and valuable to hackers – such as your Social Security number, financial information,…more
| Consumer Protection, Privacy, Science, Computers, & Technology

3 Guidelines to Maximize Value of Data

Imagine you are the CEO of company sitting across from an interviewer. The interviewer asks you the age old question, “So tell me about your company’s strengths and weaknesses?” You start thinking about your competitive…more
| Business Organizations, Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Attorney General Kamala D. Harris Provides New Online Tool to Report California Online Privacy Protection Act (CalOPPA) Violations

It’s time for a compliance check on those website or mobile app privacy policies, before the California Attorney General comes knocking. Attorney General Kamala D. Harris has announced the release of a new tool for…more
| Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Three Steps to the Right Cloud for Your Business

The term “cloud computing,” — a process by which remote computers are used to store, manage and process data — is no longer an unfamiliar term. According to at least one estimate, “approximately 90 percent of businesses using…more
| Business Organizations, Privacy, Science, Computers, & Technology

Alleged Wiretap Act and CIPA Violations Held to Satisfy Spokeo Test for Standing in Latest Gmail Privacy Class Action

In the wake of the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), lower courts have begun to address whether alleged violations of statutes intended to protect privacy suffice, in the absence of any…more
| Civil Procedure, Communications & Media Law, Constitutional Law, Privacy, Science, Computers, & Technology

New York Proposes First-Ever Cybersecurity Regulation for Financial Institutions

The New York Department of Financial Services recently announced a new proposed rule, which would require financial institutions and insurers to implement strong policies for responding to cyberattacks and data breaches. …more
| Finance & Banking, Privacy, Science, Computers, & Technology

Sixth Circuit Rules That Theft of PII from Insurance Company Results in Article III Standing

In its recent decision in Galaria v. Nationwide Mut. Ins. Co., no. 15-3386 (6th Cir. Sept. 12, 2016). Co., No. 15-3386 (6th Cir. Sept. 12, 2016), a divided Sixth Circuit panel held that plaintiffs had standing to assert claims…more
| Constitutional Law, Consumer Protection, Privacy, Science, Computers, & Technology
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