Cybersecurity Data Breach

Cybersecurity is a term used to describe methods and systems for protecting sensitive information in the electronic sphere. As more financial, business, and personal information becomes exclusively maintained and... more +
Cybersecurity is a term used to describe methods and systems for protecting sensitive information in the electronic sphere. As more financial, business, and personal information becomes exclusively maintained and stored electronically, the risks of attacks, leaks, and disclosures become more pronouced. The concept of Cybersecurity encompasses a broad array of issues, including governmental regulations to ward off cyber terrorists, industry data collection and maintenance practices, and consumer advocacy to ensure the privacy of individuals' personal and medical information.     less -
News & Analysis as of

Sony Cyber-Attackers Lurking at Financial Supervisor “Watering Hole” Target Banks and Others

Cybersecurity specialists at BAE Systems and Symantec announced last week new evidence suggesting that the criminals behind the notorious 2014 attack on Sony Corp. are also responsible for recent cyber-attacks involving 104...more

Friend or Foe? State Attorneys General Start to Change Their Tune on Industry & Cybersecurity

Should businesses be thought of as victims or bad actors when it comes to data breaches? State attorneys general are embracing the idea that businesses are not necessarily adversaries in the struggle to protect sensitive...more

$5.5 Million HIPAA Settlement Matches Largest Payment To-Date

On February 16, 2017, the U.S. Department for Health and Human Services (“HHS”), Office for Civil Rights (“OCR”) announced that Memorial Healthcare Systems of Florida (“MHS”) agreed to pay $5.5 million and enter into a...more

Eighth Circuit Undoes Target Data Breach Settlement Class

The $10 million settlement class in the Target data breach case was unraveled by the Eighth Circuit Court of Appeals in a recent decision that will force the district court to address the impact of the Supreme Court’s...more

Cybersecurity Obligations of Directors - Guidance from the United States Decisions

Your organization will in all likelihood suffer a cyberattack. According to a recent study by Accenture, the average Canadian organization faces about 96 cyberattacks per year, nearly one third of which result in a security...more

Your IT Technician Has Just Informed You That Your Business Has Suffered a Data Security Breach. Now What Should You Do?

Data breach incidents continue to make headlines. The Yahoo data security breach—affecting more than one billion accounts—announced late last year is a recent example. Data security breaches affect companies of all sizes, and...more

Fourth Circuit Weighs In on Article III Standing in Data Breach Suits

Earlier this month, the Fourth Circuit weighted in with the most recent decision in the developing case law on Article III standing in data breach litigation, a topic that we have been covering extensively on this...more

On 13 February 2017 the Australian Government passed the Privacy Amendment (Notifiable Data Breaches) Bill 2017

The new requirements affect all APP entities i.e. any entity that is currently bound to comply with the Australian Privacy Principles under the Privacy Act 1988 (Cth), including Commonwealth Government Agencies and private...more

Phishing in the Insurance Coverage Gap

Many companies that have both commercial crime and cyberliability insurance policies are learning, to their surprise, that they may not be fully covered if their employees fall for social engineering scams. While the...more

Restaurant Chain Latest Victim of Data Security Breach

In early February 2017, Arby’s Restaurant Group, Inc. became the latest retailer to report that it has suffered a large data breach affecting approximately 1,000 corporate restaurants and impacting as many as 350,000 credit...more

TortSource: Ransomware: A Reportable Breach?

In the past several years, a huge increase has occurred in the number of electronic attacks in the United States using ransomware, a form of malware that targets and encrypts critical data and systems for the purpose of...more

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. ...more

Data Breach Notification Archive Made Publicly Available Online By Massachusetts Office Of Consumer Affairs

On January 3, 2017, the Massachusetts Office of Consumer Affairs and Business Regulation announced the online public availability of data breach notification records that it receives and maintains pursuant to the...more

Cybersecurity: 2017 Report & 2016 Reflections - What Businesses and Boards Need to Know

In 2016, cybersecurity continued to grow as a primary business risk for companies worldwide. Data breaches continued to escalate both in number and magnitude and the landscape of legal and regulatory liability evolved and...more

Is breach mitigation the next wave of cybersecurity regulation?

More and more, regulators are focusing their rulemaking power not just on how a company responds (or doesn’t respond) to a data breach, but the steps it took far in advance to prevent or mitigate such a breach. Two...more

HIPAA Small Breach Notification Due March 1: “In Like a Lion, Out Like a Lamb” if You Submit Timely

March 1, 2017 is the date by which HIPAA covered entities must notify the U.S. Department of Health and Human Services Office for Civil Rights (OCR) of “small” breaches of unsecured protected health information that were...more

[Event] Who's in the Driver's Seat? What the Connected Car Shows Us About the Legal and Regulatory Issues of the Internet of...

The Internet of Things (IoT) is creating unprecedented opportunities and challenges – launching groundbreaking collaboration among disparate industries and generating insightful data from uncommon sources....more

New Year, New Rules – The 2017 Illinois Personal Information Protection Act

On January 1, 2017, Illinois ushered in a broader and stronger personal information and data breach regime. The Illinois Personal Information Act (PIPA), 815 ILCS § 530, applies any entity that “handles, collects,...more

Cyber Insurance: A How-To Guide

Most organizations know they need insurance to cover risks to the organization’s property like fire or theft, or their risk of liability if someone is injured in the workplace. But, a substantial portion of organizations...more

Tennessee Court Awards $1.9 Million in Mapco Express Data Breach Class Action Suit

Last month, a Tennessee Federal court ordered Mapco Express, Inc. (“Mapco”) to pay approximately $1.9 million to settle class action claims arising from a 2013 data breach of its retail computer systems. The lawsuit was...more

Eighth Circuit Vacates Data Breach Class Action Settlement; Gently Rebukes Trial Court

Target Corporation announced a data breach in 2013, which occurred, as it noted in an SEC filing, when “an intruder stole certain payment card and other guest information from [its] network.” Estimates as to the number of...more

"Privacy & Cybersecurity Update - January 2017"

In this edition of our Privacy & Cybersecurity Update, we discuss how the prospect of a new chair and three new commissioners at the FTC may impact the agency's approach to cybersecurity regulation, a new Massachusetts...more

Business Cybersecurity: Two Recent Court Decisions Highlight the Need to Take Preemptive Action Against Data Breaches

Nowadays, the prudent business owner should be cognizant of cybersecurity and the public relations and legal costs that can arise from a data breach. By holding personal information of customers, employees, or anyone else,...more

Incident Response Plans: A Comparison of US Law, EU Law and Soon-To-Be EU Law

The best way to handle any emergency is to be prepared. When it comes to data breaches, incident response plans are the first step organizations take to prepare....more

Eighth Circuit Remands Proposed Settlement in Target Data Breach Class Action

The Eighth Circuit Court of Appeals has remanded a $10 million settlement in the Target data breach class action on the grounds that the district court had not rigorously analyzed the propriety of the class...more

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