Mintz Levin - Privacy & Security Matters

The February 2017 Update – The Mintz Matrix

During 2016, amendments to breach notification laws in five states went into effect (California, Nebraska, Oregon, Rhode Island and Tennessee). And by the end of last year, well over twenty states had introduced or were…more
| Consumer Protection, Privacy, Science, Computers, & Technology

Who is Watching you Watch TV? If You Have VIZIO … Your TV Might Be Watching You

What does your TV-watching history say about you? According to a recent lawsuit against VIZIO, Inc., it might be more than you think! One of the world’s largest sellers of “smart” televisions has recently paid a $2.2 million…more
| Antitrust & Trade Regulation, Consumer Protection, Privacy, Science, Computers, & Technology

Ruling Vacating Target Consumer Class Settlement Highlights The Problem Of Standing In Data Breach Cases

When hackers steal consumer data, injury to consumers is not a foregone conclusion. This is particularly so where credit and debit card numbers are stolen. Banks, not consumers, bear the cost of fraudulent charges. Consumers’…more
| Civil Procedure, Constitutional Law, Consumer Protection, Privacy, Science, Computers, & Technology

It’s Tax Time – Don’t be Phished

It’s that taxing time of the year. Employees have received W-2 forms and the tax filing season has begun in earnest. And, as night follows day, last year’s W-2 spear-phishing scam has returned. The IRS and state tax…more
| Consumer Protection, Labor & Employment Law, Privacy, Science, Computers, & Technology, Taxation

SEC May Leverage Investigation of Yahoo! Data Breaches to Clarify Prior Guidance

The Securities and Exchange Commission (SEC) is investigating whether Yahoo! should have reported the two massive data breaches it experienced earlier to investors, according to individuals with knowledge. The SEC will probably…more
| Consumer Protection, Privacy, Science, Computers, & Technology

#MLWashingtonCyberWatch: Nominees Discuss Future of Cybersecurity

With Inauguration Day upon us, it’s time for a #MLWashingtonCyberWatch update. President-elect Donald Trump has vocalized his support for the future of “cyber” throughout his campaign – but how will members of his cabinet act,…more
| Consumer Protection, Elections & Politics, Privacy, Science, Computers, & Technology

FTC Takes Action Against D-Link for Deceptive Practices Endangering the IoT

The U.S. Federal Trade Commission (“FTC”) has filed a lawsuit against device manufacturer D-link for allegedly deceiving the marketplace about the security of its products and, in turn, unfairly placing customer privacy at risk…more
| Antitrust & Trade Regulation, Consumer Protection, Privacy, Science, Computers, & Technology

The FINRA WORM Turns

It’s a new year, and time for the Financial Industry Regulatory Authority (FINRA)’s annual Regulatory and Examination Priorities Letter (the “2017 Letter”) We remind regulated entities of this list of examination priorities…more
| Family Law, Privacy, Science, Computers, & Technology

New York Delays Cybersecurity Rules for Banks/Insurers Until March 1, 2017

The New York State Department of Financial Services has announced — much to the relief of the multitude of financial services companies and insurers regulated by DFS — that it will revamp its recently proposed cybersecurity…more
| Finance & Banking, Privacy, Science, Computers, & Technology

#MLWashingtonCyberWatch: 2017 FTC and Google Complaint

Google’s recent changes to its privacy policy are coming under fire from a complaint filed late last year with the Federal Trade Commission (“FTC”) that accuses the company of downplaying “transformational change” in its…more
| Antitrust & Trade Regulation, Privacy, Science, Computers, & Technology

The Definition of Insanity? Wendy’s Shareholders File Derivative Action Based on 2015-16 Data Breach

An old saw defines insanity as doing the same thing over and over again and expecting a different result. Wendy’s shareholders recently flouted that maxim by filing a derivative action this week against officers and directors…more
| Civil Procedure, Privacy, Science, Computers, & Technology

#MLWashingtonCyberWatch: White House Releases Cybersecurity Report Aimed at New Administration

The Obama White House has grappled with cybersecurity more than any administration in history: China’s 2009 hack of Google, the 2015 Office of Personnel Management breach, and the recent investigation of Russian cyberattacks…more
| Elections & Politics, Privacy, Science, Computers, & Technology

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
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