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Cybersecurity › Data Breach › Corporate Counsel

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +
Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now.   less -
Bilzin Sumberg

Federal Court Makes It Harder for Plaintiffs to Bring Data Breach Claims

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In a recent federal case from New York, the court dealt a blow to plaintiffs suing over data breaches. The plaintiffs had filed a putative class action suit, alleging that they (and others like them) had been harmed by the...more

BCLP

Navigating a Security Incident - Best Practices for Engaging Service Providers - September 2024

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With the recent wave of ransomware and other security incidents, it is now more important than ever for impacted organizations to have a thorough understanding of each element of a proper data breach response. That includes...more

Fisher Phillips

Disclosure of Data Through Website Cookies May Be a Data Breach – What A Recent Court Ruling Means for Healthcare Businesses

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A California federal court recently ruled that disclosure of certain data collected through website cookies that may qualify as health information could trigger a data breach under the California Consumer Privacy Act (CCPA) –...more

Blake, Cassels & Graydon LLP

Invasion of the Data Snatchers: B.C. Court of Appeal Clarifies Possible Scope of Privacy Claims Against Data Custodians in Data...

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On July 4, 2024, the B.C. Court of Appeal issued a duo of class action appeal decisions considering the potential scope of statutory and common law privacy claims against data custodians that fall victim to cyberattacks in...more

Fisher Phillips

Florida Governor Vetoes Cybersecurity Data Breach Immunity Bill: 4 Things Businesses Can Do to Prevent Data Breach Claims

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To the surprise of some, Governor DeSantis recently vetoed a bill that would have provided businesses with a defense to claims arising from “cybersecurity incidents” that lead to data breaches – so long as they met a few...more

Vedder Price

SEC Joins Chorus of Regulators Requiring Data Breach Notifications

Vedder Price on

Last week, the U.S. Securities and Exchange Commission (“SEC”) became the latest federal regulator to implement a data breach notification law. The commissioners unanimously voted to approve amendments to Regulation S-P (the...more

Robinson+Cole Data Privacy + Security Insider

Tennessee Passes Law Restricting Data Breach Class Action Suits

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Tennessee Governor Bill Lee signed legislation on May 22, 2024, that will shield private entities from class action lawsuits stemming from a cybersecurity event unless the event was caused by willful, wanton, or gross...more

Alston & Bird

Top 10 Issues General Counsel Need to Know About Ransomware in 2024

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Threat actors are evolving. Our Privacy, Cyber & Data Strategy Team explains how ransomware gangs have changed their tactics and how companies can respond to the threat while navigating new scrutiny from investors and...more

Morgan Lewis

Global Privacy: Year in Review and a Look Forward, 2023–2024

Morgan Lewis on

The world is witnessing a flurry of activity surrounding issues of data protection, cybersecurity, artificial intelligence (AI), and consumer privacy. According to the National Conference of State Legislators, some 40 US...more

Holland & Knight LLP

Holland & Knight Data Privacy and Security Report: December 2023

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Welcome to Holland & Knight's monthly data privacy and security news update that includes the latest in policy, regulatory updates and other significant developments....more

Shook, Hardy & Bacon L.L.P.

Illinois Appellate Decisions Highlight Evolving Landscape of Data Breach Litigation

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Illinois is a major destination for putative class actions arising out of data incidents such as ransomware and other attacks. The cases rarely involve actual demonstrable misuse of personal identifying information (PII)....more

Locke Lord LLP

More Safe Harbor Protections for Navigating Cyber and Privacy Litigation

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Cybersecurity and data privacy risks continue to loom large with potentially significant consequences. Litigation, often filed soon after incidents, adds to the possible repercussions. In our previous article, we discussed a...more

WilmerHale

FTC Announces Enforcement Action Against Global Tel*Link Corporation for Unfair Data Security Practices and Inadequate Data Breach...

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On November 16, the Federal Trade Commission (FTC) announced an enforcement action against Global Tel*Link Corporation and two of its subsidiaries (collectively, “GTL”), which provide communications and payment services to...more

The Volkov Law Group

SEC Sues SolarWinds and its CISO for Fraud Over Botched Data Breach Response, Marking New Era in Cyber Enforcement

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The U.S. Securities and Exchange Commission has a message for publicly-traded companies that suffer a data breach: own up. On Monday, the SEC sued Texas-based SolarWinds––and its Chief Information Security Officer...more

Perkins Coie

2023 Breach Notification Law Update: Changes to Notification and Security Requirements Continue at State and Federal Levels

Perkins Coie on

A flurry of legislative activity over the past year has brought meaningful changes to a variety of privacy and security provisions in state and federal law. At the state level, as in 2022, we have seen a handful of changes to...more

Burr & Forman

Are you properly protecting your employees' personal information?

Burr & Forman on

If they have not already, employers should take steps now to properly protect the personal information of their employees. The Eleventh Circuit Court of Appeals’ decision in Ramirez v. Paradies Shops, LLC clarifies that...more

Vinson & Elkins LLP

SEC Finalizes Cybersecurity Rules for Public Companies: What's New, What's Not, and What’s Next

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On July 26, 2023, the Securities and Exchange Commission (“SEC”) voted to approve final rules governing cybersecurity disclosures of public companies (“Final Rules”). The Final Rules make meaningful changes to the current and...more

Orrick, Herrington & Sutcliffe LLP

11th Circuit orders reexamination of breach class boundaries

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On July 11, a split U.S. Court of Appeals for the Eleventh Circuit partially vacated the greenlighting of two data breach class actions, holding that a district court must re-analyze the boundaries of the classes. Both the...more

Baker Donelson

MOVEit Transfer Zero-Day Vulnerability: What Companies Need to Know

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On May 31, 2023, renowned managed file transfer solution provider Ipswitch, Inc. revealed a zero-day vulnerability in its flagship solution, MOVEit Transfer, that can enable mass data theft from thousands of organizations....more

Jenner & Block

Evolving Caremark Duties Related to Cybersecurity Risks

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In the recent case Construction Industry Laborers Pension Fund on behalf of SolarWinds Corporation, et. al v. Mike Bingle, et al. (2022), the Delaware Chancery Court considered whether the directors of SolarWinds Corporation,...more

Cooley LLP

European Court of Justice Clarifies Rules on Damages Compensation for GDPR Breaches

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On 4 May 2023, the Court of Justice of the European Union (CJEU) delivered its decision in the Österreichische Post case (Case C-300/21), in essence deciding that a mere infringement of the General Data Protection Regulation...more

Gardner Law

[Hybrid Event] Navigating the M&A Waters of FDA-Regulated Companies - May 18th, Spring Park, MN

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Join Gardner Law and colleagues live from Lord Fletcher's on Lake Minnetonka, Minnesota for a complimentary CLE event. Hear from a panel of experts on compliance, data breaches, FDA regulations, privacy, and more....more

Sheppard Mullin Richter & Hampton LLP

Utah Amends Data Breach Law, Creates Cyber Center

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Utah’s breach notification requirements will change on May 3, 2023. The recently amended data breach notification law now requires companies to notify the Attorney General for a breach involving 500 or more state residents....more

Goodwin

Court Holds All DAO Governance Token Holders Can Be Held Responsible for the Actions and Inactions of the DAO

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A California federal court recently held that all governance token holders were responsible for any losses suffered in a security incident. Specifically, the court, in denying a motion to dismiss, ruled in part in favor of a...more

Davis Wright Tremaine LLP

The Clock Is Ticking: HIPAA Small Breach Notifications Due March 1

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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 discovered during calendar-year 2022 no...more

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