News & Analysis as of

Capital One Today's Popular Updates

MoginRubin LLP

Why the Capital One-Discover Merger Makes Sense

MoginRubin LLP on

When federal agencies review bank mergers, the competition issues typically relate to the number and location of physical branches and the extent of any overlap in the areas served. By contrast, the proposed $35 billion...more

Manatt, Phelps & Phillips, LLP

Post-Facebook v. Duguid Litigation Roundup (UPDATED)

As part of Manatt’s continuing monthly coverage of the aftermath of Facebook v. Duguid and how district courts are applying it to determine whether a calling system meets the Supreme Court’s newly clarified definition of an...more

Moore & Van Allen PLLC

Capital One Reaches $190 Million Settlement In Connection with 2019 Data Breach

Moore & Van Allen PLLC on

The saga of the Capital One data breach, which impacted an estimated 106 million individuals in the U.S. and Canada, may soon be coming to an end. After more than two years of litigation, the parties have reached a settlement...more

Woods Rogers

Questions About Tort and Contract Claims in the Cybersecurity Context Left Unsettled

Woods Rogers on

Supreme Court of Virginia Declines Certified Questions from Federal Court in In re: Capital One Consumer Data Security Breach Litigation - The lawsuit In re: Capital One Consumer Data Security Breach Litigation, has already...more

Foster Garvey PC

Online Travel Update: Hopper continues its meteoric rise; Accor moves group bookings online; Capital One grows its travel...

Foster Garvey PC on

This week’s Update again features a number of stories on fintech and its emerging influence on the travel and lodging industries. Enjoy....more

Akin Gump Strauss Hauer & Feld LLP

Update: Protecting Privilege: Top 10 Checklist for Cybersecurity Forensic Investigation Reports

In ongoing multidistrict litigation concerning Capital One’s 2019 data breach, Capital One succeeded in defeating a motion to compel disclosure of a privileged root cause analysis conducted by PwC. In contrast to an earlier...more

Akin Gump Strauss Hauer & Feld LLP

Protecting Privilege: Top 10 Checklist for Cybersecurity Forensic Investigation Reports

- In ongoing multidistrict litigation concerning Capital One’s 2019 data breach, Capital One succeeded in defeating a motion to compel disclosure of a privileged root cause analysis conducted by PwC. - In contrast to an...more

Society of Corporate Compliance and Ethics...

Capital One fined for inadequate data controls

Report on Supply Chain Compliance 3, no. 16 (August 20, 2020) - The Office of the Comptroller of the Currency fined Capital One USD 80 million for inadequate data controls leading to a 2019 data breach and for failing to fix...more

Bond Schoeneck & King PLLC

Fallout from Capital One Breach Continues as Company is Ordered to Pay $80 Million Fine

Just over a year ago, on July 19, 2019, one of the largest confirmed data breaches in history was identified. The Capital One data hack exposed the personal information of more than 100 million customers and credit applicants...more

Stoel Rives LLP

Digital Transformation – Regulator Issues $80 Million Penalty for Not Doing It Right

Stoel Rives LLP on

Digital transformation refers to the process of leveraging technology, people and processes to innovate or stay competitive. The main driver of this process is often data...more

Patterson Belknap Webb & Tyler LLP

Capital One to Pay $80 Million Fine for 2019 Data Security Hack

As we previously reported, Capital One Financial Corporation announced in July 2019 a major data security breach when an individual gained unauthorized access to personal information about Capital One credit card customers. ...more

Robinson+Cole Data Privacy + Security Insider

Capital One Settles with Bank Regulator for $80M for Data Breach

The U.S. Office of the Comptroller of the Currency (OCC) announced this week that it has entered into a Consent Order and fined Capital One $80 million for the data breach the company experienced last year....more

Proskauer - Minding Your Business

District Court Affirms Order Requiring Production of Cyber-Investigation Report after Considering Totality of Circumstances

As we previously reported, the Magistrate Judge in In re: Capital One Customer Data Security Breach Litigation, found that a forensic report that Capital One had claimed was protected by the privilege and work product...more

Saul Ewing LLP

Federal Court Erodes Work Product Protections for Data Breach Investigations

Saul Ewing LLP on

In a recent decision, a Virginia federal magistrate judge held that the attorney work product doctrine did not protect from discovery a forensic investigation report created for Capital One in the wake of a 2019 data breach....more

Hinshaw & Culbertson - Insights for Insurers

No Protection for Vendor's Forensic Report in Post-Breach Litigation? - Preserving Privilege and Work Product Protection in Light...

A May 26, 2020 order by U.S. Magistrate Judge John F. Anderson (E.D. Va.) that attorney work product protection did not preclude production of a forensic vendor's data breach investigation report to plaintiffs in the Capital...more

Womble Bond Dickinson

Federal Court Finds Cybersecurity Forensic Report Not Privileged Under Attorney Work Product Doctrine

Womble Bond Dickinson on

The United States District Court for the Eastern District of Virginia (Court) has held that a cyber-forensic investigation report was not protected by the attorney work product doctrine and ordered Capital One to produce it...more

White and Williams LLP

Protecting Your Organization: Lessons from In re Capital One for Third-Party Cybersecurity Incident Reports

In the action In Re Capital One Consumer Data Security Breach Litigation, No. 19-2915 (E.D. Va.) (Capital One), a Virginia federal court determined that a forensics investigation report conducted by a third-party investigator...more

Vinson & Elkins LLP

Capital One Court Sends Mixed Signals, Finds Pre-Existing Cyber-Breach Response Plan Prevents Work Product Protection

Vinson & Elkins LLP on

A recent order by a federal court in Virginia rejected arguments that a cybersecurity consultant’s data breach report, which had been prepared at the direction of outside legal counsel, qualified for work product protection....more

Hogan Lovells

Cyber Investigations and Privilege: Court Finds Forensic Report not Covered by Work Product Doctrine

Hogan Lovells on

Last week, the U.S. District Court for the Eastern District of Virginia ordered Capital One to produce a forensic investigation report in multidistrict litigation arising out of the cyber incident Capital One announced in...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - May #3

Robinson & Cole LLP on

Capital One Required to Produce Forensic Report in Class Action - As a litigator, when responding to any security incident, thoughtful consideration is given to the possibility that the security incident may wind up in...more

Robinson+Cole Data Privacy + Security Insider

Capital One Required to Produce Forensic Report in Class Action

As a litigator, when responding to any security incident, thoughtful consideration is given to the possibility that the security incident may wind up in litigation, and therefore, certain decisions are made in anticipation of...more

White and Williams LLP

Federal Court Holds Outside Cybersecurity Response Report Not Privileged

White and Williams LLP on

On May 26, 2020, in the matter In re Capital One Consumer Data Security Breach Litigation, MDL 1:19md2915 (Ed. Va.), the Federal District Court for the Eastern District of Virginia ordered Capital One to produce its...more

Cadwalader, Wickersham & Taft LLP

2019 Year in Review: Securitization Litigation and Regulation

There were significant developments in 2019 as courts continued to issue important decisions in this space and significant legislation impacting the residential mortgage-backed securities (“RMBS”) market came into effect.  A...more

The Volkov Law Group

Episode 108 -- The Capital One Data Breach and Vendor Cybersecurity Risks

The Volkov Law Group on

Capital One suffered a serious data breach as a result of the actions of one individual who downloaded nearly 30 GB of 100 million Capital One Financial Corporation credit applications from an Amazon cloud data server. The...more

The Volkov Law Group

Lessons Learned from the Capital One Data Breach (Part I of III)

The Volkov Law Group on

Not to say, I told you so, but around the same time that the Capital One data breach occurred, I was reminding clients that nearly half of  all significant data breaches or cyber-incidents occur because of internal actors. ...more

32 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide