News & Analysis as of

Confidential Information Data Breach

DOJ Asks SCOTUS to Take on Microsoft Case and Verizon Suffers its own Data Breach: eDiscovery Trends

by CloudNine on

A rare two-topic day, but both are notable… Remember the Microsoft Ireland Warrant case, where the Second Circuit reversed earlier rulings and denied the government’s efforts to compel Microsoft to provide emails in that...more

Banks Settle Data Breach Suit for $5.2M

In the latest settlement agreement reached in a lawsuit brought by banks following a retailer’s data breach, an Illinois federal court judge signed off on a $5.2 million deal involving a major U.S. retailer....more

New ABA Opinion – Attorneys Must Take Reasonable Cybersecurity Measures To Protect Client Data

by Dentons on

On May 11, 2017, the American Bar Association (ABA) issued Formal Opinion 477, making clear that a lawyer may transmit information relating to the representation of a client over the Internet without violating the Model Rules...more

Something in Common with a Secret Service Agent: eDiscovery Trends

by CloudNine on

I have something in common with a Secret Service agent. We both have had a laptop stolen out of a vehicle. In the case of the Secret Service agent, as reported by CBS New York (and covered by Ride the Lightning), an...more

Health Company Fined by UK’s Information Commissioner Office

by Hogan Lovells on

Last week, the UK’s Information Commissioner’s Office (ICO) published a monetary penalty notice which fined a private healthcare company, HCA International, £200,000 for its failure to keep sensitive data secure....more

Bass, Berry & Sims Releases Securities & Shareholder Litigation 2017: A Look Ahead

by Bass, Berry & Sims PLC on

Bass, Berry & Sims PLC announces the release of its annual "Securities & Shareholder Litigation 2017: A Look Ahead," a high-level report that covers recent developments and offers best practices for the year ahead. The newly...more

Standing In Data Breach Class Actions: The Fourth Circuit Weighs In, Affirming Dismissal For Lack Of Subject Matter Jurisdiction

by King & Spalding on

The U.S. Court of Appeals for the Fourth Circuit issued a unanimous opinion in Beck v. McDonaldon February 6, 2017, clarifying the standard for Article III standing and what constitutes sufficient injury-in-fact in putative...more

The Anthem Breach – A Retrospective (Part II)

by LeClairRyan on

We published Part I of our “Anthem Breach Retrospective” in January 2017. Coincidentally, at around the same time several plaintiffs in one of the earliest filed cases arising out of the Anthem data breach voluntarily asked...more

Of Greek Gods and Data Breaches

by Thomas Fox on

The sorry story of Chris Correa, the St. Louis Cardinal executive convicted of hacking into the Houston Astros computer system expanded last month when Federal Judge Lynn Hughes unsealed details about the extent of the...more

Employer (Still) Has No Duty to Protect Confidential Information

by Barley Snyder on

The University of Pittsburgh Medical Center continues to get support from the court system in a data breach suit that affected more than 60,000 former and current employees, as Barley Snyder attorneys continue to follow the...more

Major League Baseball fines Cardinals and Plucks Draft Picks for Hacking the Astros

It doesn’t always pay to be a hacker. Major League Baseball (MLB) this week made a strong statement about its tolerance for teams hacking other teams. We previously reported on the incident when a Cardinals employee hacked...more

The Risks and Implications of Failing to Comply with U.S. Government Cyber and IT Requirements

by Pepper Hamilton LLP on

This article summarizes some of the many risks and implications that are associated with failing to comply with U.S. government-unique cyber and information technology requirements. We are often asked by small and...more

Employer Has No Legal Duty To Protect Employee Electronic Information

A court in Pennsylvania recently held that an employer does not have a legal duty to act reasonably in managing its computer systems to safeguard sensitive personal information collected from its employees, when the employer...more

Wake-Up Call: Law Firms in the Cybersecurity Crosshairs

Last week marked the first time a U.S. law firm was publicly named in a class action data security lawsuit. Originally filed in April 2016, the class action complaint in Shore v. Johnson & Bell, Ltd., 16-cv-4363 (N.D. Ill.),...more

The Panama Papers Make ‘Share Everything’ Security Policies a Thing of the Past

by Prosperoware on

The breach of the Panamanian law firm, Mossack Fonseca, two weeks ago and the ensuing leak of 11.5 million documents — 2.6 terabytes of data — to the press revealed in extraordinary detail how offshore bank accounts and tax...more

Fenwick Privacy Bulletin - Fall 2016

by Fenwick & West LLP on

Privacy Shield – An Early Reflection - EU law generally prohibits the transfer of personal data from the European Economic Area to the U.S., unless the transfer is made in accordance with an authorized data transfer...more

ICO Responds to the ePrivacy Directive Consultation

by Reed Smith on

In April, we reported that the European Commission had opened a public consultation seeking the views of various stakeholders on the current wording of, and possible changes to, the Privacy and Electronic Communications...more

Business Litigation Alert: "Business Lessons from the Database Hack of the Houston Astros"

by Porter Hedges LLP on

Christopher Correa, a former scout for the St. Louis Cardinals, was recently sentenced to almost four years in prison for hacking the Houston Astros player-personnel database. While it seems far-fetched that hacking would...more

Ex-Cardinals scouting director sentenced to serve time in jail for Astros database hacking

Back in January, we wrote about the ex-Cardinals Scouting Director pleading guilty to hacking the Houston Astros database. Now, this week, Christopher Correa, former scouting director and director of baseball development, was...more

Major League Baseball investigating Cardinals-Astros hacking

Promptly following the sentencing of Christopher Correa on July 18, 2016, Major League Baseball Commissioner Rob Manfred announced that Major League Baseball (MLB) is looking further into the hacking incident involving...more

Password sharing and “head-slap hacks”: What employers can do

If you have ever wondered why your company’s data is not as secure as it should be, take a look in the mirror. A study by the Ponemon Institute, commissioned by Experian and released in May, found that the majority of...more

Employment Agreements: Current Issues

by Zelle LLP on

Employment agreements are not unusual, particularly for managers and executives. As new laws come into existence and as the work environment is changed by data and data security, drafting adequate, enforceable agreements can...more

Courts: We Hear No Suit Based on Cyber Crime Before its Time

by Cozen O'Connor on

Two recent decisions out of the U.S. District Court for the District of Maryland illustrate the difficulty that cyber breach victims can have in establishing standing to sue. In both cases, the court dismissed the cyber...more

Employers vicariously liable for data breaches caused by rogue employees

by White & Case LLP on

The High Court recently held that employers can be vicariously liable for data breaches caused by rogue employees. The decision highlights the importance to businesses of ensuring that data protection compliance requirements...more

The Proof Is in the Password!

by Wilson Elser on

Consider this scenario: A young couple entrusts you, an experienced real estate attorney, to assist them in the purchase of their first home. Days before closing, your unsecured email account gets hacked and your client...more

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Cybersecurity

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