Mintz Levin - Privacy & Security Matters

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

Back to School – Avoiding Theft of Data and Money via the “Business Email Compromise” Scam

The FBI warned this summer that the “Business Email Compromise” (“BEC”) scam continues to grow, evolve, and target businesses of all sizes. As reported by the FBI in June, the scam had hit more than 22,000 victims for a combined…more
| Privacy, Science, Computers, & Technology

Summer Round-Up: Four States Bolster Data Breach Notification Laws and More Changes on the Way

As has become typical in the data security space, there was quite a bit of activity in state legislatures over the previous year concerning data breach notification statutes. Lawmakers are keenly aware of the high profile data…more
| Civil Procedure, Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

Eddie Bauer Latest Victim of POS Malware Attack

Last week the clothing retailer Eddie Bauer LLC issued a press release to announce that its point of sale (“POS”) system at retail stores was compromised by malware for more than six months earlier this year. The communication…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Science, Computers, & Technology

Let’s talk about Networks of Things, baby. Let’s talk about you and me.

It is easy to see networks all around us. The printers at the office, your child’s videogame, the food ordering app on your phone, the fitness band or smart watch on your wrist, the electricity grid for your city, the…more
| Communications & Media Law, Science, Computers, & Technology

To Protect Data: Keep Your Network Access Close, and Your Vendors Closer

Two recent data breach incidents in the healthcare industry prove what readers of this blog have heard all too often: KNOW THY VENDORS…more
| Health, Insurance, Privacy, Science, Computers, & Technology

“Privacy Shield” Open For Business – Fees?

The certification forms for the new US-EU Privacy Shield Framework are now available online. What is not easily discernible in the workflow is the fee structure. One needs to refer back to the Federal Register’s…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

FTC Plants A Flag With LabMD Ruling: What This Means for Enforcement

On Friday, the heads of the Federal Trade Commission overruled the decision of the Administrative Law Judge (“ALJ”) in In the Matter of LabMd., Inc. The FTC concluded that the ALJ had erred in dismissing the Commission’s case…more
| Administrative Law, Antitrust & Trade Regulation, Consumer Protection, Privacy, Science, Computers, & Technology

Privacy Shield: The National Data Protection Authorities Hold Fire

The Article 29 Working Party (WP29) has released a brief updated statement on the final form of the Privacy Shield adequacy decision and supporting annexes. WP29 is an important advisory group made up of representatives of each…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Facebook v. Vachani – User Authorization Can Be Revoked By Service Providers

The U.S. Court of Appeals for the Ninth Circuit recently issued a decision that could have far reaching implications for the relationships between companies that provide online services, their customers or users, and third…more
| Business Torts, Commercial Law & Contracts, Communications & Media Law, Privacy, Securities Law

Fizzled Suit Against Target Officers and Directors Raises Question as to the Value of Derivative Claims in Data Breach Cases

In a terse two-page order, Senior District Court Judge Paul Magnuson dismissed derivative claims brought against officers and directors of Target in connection with the 2013 holiday-season data breach. The dismissed claims,…more
| Privacy, Science, Computers, & Technology

Privacy Shield is Finally Official

The EU Commission has formally adopted Privacy Shield and the US Department of Commerce will go live with a new Privacy Shield registration website on August 1. US companies that had been registered under Safe Harbor will need…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Privacy Shield Passes Art. 31 Hurdle; European Parliament LIBE Committee Advisory Vote July 11, 2016

The final version of Privacy Shield (which has not yet been officially published) passed the Article 31 Committee vote on July 8th and is being presented on July 11th to the LIBE committee of the European Parliament. LIBE’s…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

EU Adopts Cybersecurity Directive: What US Companies Need to Know

Not all the news coming out of Europe these days is about Brexit. In fact, the forces of unity and harmonization remain a top priority for European regulators hoping to combat digital security threats and create a safer and more…more
| Communications & Media Law, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology
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