Mintz Levin - Privacy & Security Matters

Banks’ Class Certification Motion Trumpets Target Data Security Failings, Ignores Impact of Card Association Settlements

Card-issuing banks are forging ahead with their lawsuit against Target arising from the 2013 holiday shopping season data breach. Their July 1 motion for class certification has just been unsealed, allowing a glimpse at…more
| Civil Procedure, Consumer Protection, Finance & Banking, Privacy, Science, Computers, & Technology

NIST Publishes Cybersecurity Standards Objectives

The National Institute of Standards and Technology has published a draft of its objectives for cybersecurity standardization, following in many ways the consultative model that it used successfully in drafting the NIST Framework…more
| International Law & Trade, Science, Computers, & Technology

Privacy Tuesday – August 24, 2015 – FTC vs. Wyndham Update

Rather than our usual Privacy Monday “bits and bytes,” we have a breaking story relating to the ongoing Wyndham/FTC saga. Today, Wyndham Worldwide Corp. lost a critical round in the Third Circuit. Anticipated since April,…more
| Consumer Protection, Privacy, Science, Computers, & Technology

Data Dump! AshleyMadison.com Fallout Deepens

The Impact Team, the vigilante group behind the hacking of the infamous website AshleyMadison.com has followed through on its threat to leak the full database of the site’s users online. On Tuesday, August 18, 2015, an…more
| Business Organizations, Consumer Protection, Privacy, Science, Computers, & Technology

Breaking News: Target to Settle Data Breach Claims of Visa Card Issuers for $67 Million

Target has announced that it has entered into a settlement with Visa to resolve claims of issuers of Visa credit and debit cards arising from Target’s November 2013 data breach. The proposed settlement will pay issuers of Visa…more
| Civil Remedies, Commercial Law & Contracts, Privacy, Science, Computers, & Technology

Privacy Tuesday – August 2015: Three Bytes for End of Summer

It’s Privacy Tuesday again – and summer is winding down. Here are three bytes of privacy/security information to start your week..…more
| Antitrust & Trade Regulation, Consumer Protection, Health, International Law & Trade, Privacy

EU Data Protection Regulation – Did you know there’s an app for that?

As EU data protection watchers know, the draft General Data Protection Regulation (which has been around long enough to be universally referred to by its acronym, GDPR) exists in three major versions, with a fourth version…more
| Consumer Protection, Privacy, Science, Computers, & Technology

Neiman Marcus Chides Seventh Circuit Panel

Neiman Marcus Petition Claims that Seventh Circuit Decision Invents Harm to Find Standing to Bring Data Breach Claims - Retailer Neiman Marcus has filed a petition seeking en banc review by the entire Seventh Circuit of the…more
| Civil Procedure, Consumer Protection, Privacy, Science, Computers, & Technology

Massachusetts Appeals Court Set to Consider Scope of Employer Liability for Employee Data Breaches

Many of the highest-profile and headline-catching data breaches involve external breaches of a company’s electronic systems. But the reality that these headlines obscure is the fact that internal data breaches are generally more…more
| Criminal Law, Labor & Employment Law, Privacy, Insurance, Science, Computers, & Technology

Privacy Tuesday – August 2015

While you enjoy what is left of the summer of 2015, we will kick off your week with a few privacy and security bits and bytes…more
| Consumer Protection, Health, Insurance, Privacy

Change in the Prevailing Winds in Consumer Data Breach Cases?

Seventh Circuit Rules Consumers Have Standing to Sue in Neiman Marcus Payment Card Data Breach Case - In Remijas v. Neiman Marcus Group, LLC, the Seventh Circuit reversed a district court decision dismissing consumer…more
| Communications & Media Law, Constitutional Law, Finance & Banking, Privacy, Science, Computers, & Technology

Federal Court Dismisses (Without Prejudice) CNA’s Cyber Insurance Lawsuit

We previously reported that CNA filed a lawsuit against its insured Cottage Health System seeking reimbursement of amounts that it previously paid under Cottage’s cyber liability insurance policy. On Friday, a federal district…more
| Alternative Dispute Resolution (ADR), Insurance, Science, Computers, & Technology

Privacy Tuesday – July 2015: Hack Attack on Adultery Site Ashley Madison

Once again, data breaches and hacks are front and center, so here are three stories you should know about to start your week…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

Privacy Monday – July 2015

Welcome to the dog days of summer 2015. Three privacy & security bits and bytes to start your week (if you are reading this on vacation … good for you!) 1. ICYMI: Massive Data Breach at OPM Claims Victim — The Director…more
| Intellectual Property, International Law & Trade, Privacy, Science, Computers, & Technology

Home Depot Moves to Dismiss Bank Data Breach Claims on Standing and Ripeness Grounds

In its recently-filed motion to dismiss claims of card-issuing banks arising from the September 2014 theft of payment card data from Home Depot point of sale terminals, Home Depot employs an approach typically used to respond to…more
| Civil Procedure, Finance & Banking, Privacy
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