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Confidential Information › Data Breach › Corporate Counsel

Vinson & Elkins LLP

Individual Criminal Liability For Failure To Disclose Data Breach Establishes A New Level Of Risk For Companies And Executives

Vinson & Elkins LLP on

General Counsel and in-house legal departments have long struggled with articulating the risk of and determining the appropriate response to breaches of the company network and the potential exposure of confidential...more

McDermott Will & Emery

Uber Criminal Complaint Raises the Stakes for Breach Response

McDermott Will & Emery on

On August 20, 2020, a criminal complaint was filed charging Joseph Sullivan, Uber’s former chief security officer, with obstruction of justice and misprision of a felony in connection with an alleged attempted cover-up of a...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...

Hinshaw & Culbertson - Insights for Insurers on

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

Robinson+Cole Data Privacy + Security Insider

Employer Has No Legal Duty To Protect Employee Electronic Information

Robinson+Cole Data Privacy + Security Insider on

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

Pillsbury - Internet & Social Media Law Blog

From Ashley Madison to the Panama Papers: Is Hacked Data Fair Game?

Pillsbury - Internet & Social Media Law Blog on

We’ve previously written about the distinctions between hacking credit and other financial data in comparison to hacking private information. (See Ashley Madison and Coming to “Terms” with Data Protection.) The issue of how...more

BakerHostetler

Time for an Updated Cyber Risk Approach; BPI Data Breach

BakerHostetler on

Our traditional approach to cyber risk and security has been focused on privacy and financial data. The data breach or loss concerns that typically rank high on our risk ratings are private and confidential data like names...more

Mintz - Privacy & Cybersecurity Viewpoints

Health Data Breach Victims Have Standing to Sue Says WV Supreme Court

Mintz - Privacy & Cybersecurity Viewpoints on

The most common defense against class actions for data breach has itself been breached in a ruling last week by the West Virginia Supreme Court....more

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