Cybersecurity, Fraudulent Charges

Appellate Court Lowers Pleading Requirements for Standing in Optometrists’ Data Breach Suit

Fenwick & West LLP on 6/27/2018

The U.S. Court of Appeals for the Fourth Circuit has found that allegations that fraudsters used the personal information of data breach victims are sufficient to establish standing even without any fraudulent charges...more

First Choice Federal Credit Union vs. Wendy’s : Will Plaintiff’s EMV Arguments Get A Frosty Reception?

Jackson Walker on 6/3/2016

Wendy’s suffered a data breach in the fall of 2015 that it recently reported affected one particular point of sale system at fewer than 300 restaurants. Wendy’s has already been sued as a result of the incident, including a...more

PCI DSS 3.2: It’s here, what does it mean for you?

Mintz - Privacy & Cybersecurity Viewpoints on 5/9/2016

The Payment Card Industry Security Standards Council (PCI SSC) has released a new version of its data security standard for the protection of cardholder data, the Payment Card Industry Data Security Standard (PCI DSS). PCI...more

NAIC Adopts Cybersecurity Bill of Rights

BakerHostetler on 11/4/2015

The National Association of Insurance Commissioners (“NAIC”) continued its efforts to advance cybersecurity in the insurance industry when it recently adopted the Cybersecurity Bill of Rights. The Cybersecurity Bill of Rights...more

Data Breach Class Claims Survive Clapper

Carlton Fields on 9/29/2015

On appeal to the Seventh Circuit, a three-judge panel opinion written by Chief Judge Woods reversed the lower court. Remijas v. Neiman Marcus Group, LLC, No. 14-3122, 2015 WL 4394814, at *3 (7th Cir. July 20, 2015). The panel...more

FTC Can Regulate Cybersecurity Practices, Third Circuit Rules

Ballard Spahr LLP on 9/1/2015

The Federal Trade Commission (FTC) can regulate cybersecurity policies and procedures as “unfair” acts or practices under Section 5 of the FTC Act, the U.S. Court of Appeals for the Third Circuit has ruled in a very important...more

3rd Circuit Says: FTC Can Take Action Against Companies That Suffer Data Security Breaches

McNees Wallace & Nurick LLC on 8/28/2015

Companies can be fined by the federal government for failing to properly safeguard consumer data, according to a decision this week by Pennsylvania's federal appellate court....more

Third Circuit Affirms FTC Authority to Police Whether Companies Have Reasonable Data Security

Perkins Coie on 8/27/2015

Since at least 2005, the Federal Trade Commission has asserted that it may regulate lax data security practices as an “unfair” business practice under Section 5 of the FTC Act. The Wyndham hotel chain was the first to...more

Third Circuit to Wyndham (Part I): It's "Fair" that FTC Did Not Articulate Specific Cybersecurity Standards in Enforcement Action...

Orrick, Herrington & Sutcliffe LLP on 8/27/2015

On Monday, the Third Circuit issued a highly anticipated opinion affirming the Federal Trade Commission's authority to regulate "unfair" cybersecurity practices under Section 5 of the FTC Act. In allowing the data breach...more

UPDATE: Third Circuit Affirms FTC’s Data Security Authority in Wyndham

Davis Wright Tremaine LLP on 8/27/2015

The U.S. Court of Appeals for the Third Circuit released its much-anticipated ruling in Federal Trade Commission v. Wyndham Worldwide Corp. on August 24, 2015, unanimously upholding the FTC’s authority to regulate companies’...more

Seventh Circuit Petitioned for Rehearing En Banc to Determine Whether Data Breach Class Claims Survive Clapper, Satisfy Article...

Carlton Fields on 8/17/2015

In January 2014, luxury retailer Neiman Marcus disclosed that it had suffered a cyberattack in which hackers may have gained access to 350,000 credit and debit cards used at its stores in late 2013. Plaintiffs, all of whom...more

Does Free Credit Monitoring Do More "Harm" Than Good?

Orrick, Herrington & Sutcliffe LLP on 8/3/2015

The Seventh Circuit reinstates the Neiman Marcus data breach class action lawsuit after finding that increased risk of future fraudulent charges and greater susceptibility to identify theft are sufficient for standing. ...more

Cybersecurity › Fraudulent Charges

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