News & Analysis as of

Data Breach

9th Circuit Clarifies Standard For Article III Standing Based On Statutory Violations

On August 15, 2017, the 9th Circuit, in Thomas Robins v. Spokeo, Inc., reversed the district court’s dismissal of an action alleging willful violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. The 9th...more

Compliance News Flash

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important...more

DOL Temporarily Shuts Down OSHA Injury Reporting Portal Because of Possible Data Breach

by Fisher Phillips on

According to Bloomberg BNA, the Labor Department temporarily shut down OSHA’s (ITA) “Injury Tracking Application” portal for employers to report injuries and illnesses so that OSHA can investigate a “potential compromise” of...more

Delaware Amends Data Breach Statute

by Ballard Spahr LLP on

Delaware has joined the growing list of states that have recently amended their data breach laws. With passage of the first significant amendments to its data breach law since 2005, Delaware continues a state-law trend of...more

CareFirst Data Breach Appeal Holds Three Key Lessons For Cyberattack Litigants

by Cozen O'Connor on

A recent federal appellate decision suggests that it might be getting easier for cyberattack plaintiffs to establish standing in a manner sufficient to survive a motion to dismiss. According to the U.S. Court of Appeals for...more

The Data Report Episode 12: Malicious Tools

by Bilzin Sumberg on

Module Four: When It All Goes Wrong The fourth module of The Data Report discusses the nature of data breaches, who might be responsible, what typically happens, what should happen, and what you can do to prepare for a...more

Mistake in Your Credit Report? The Latest Spokeo Decision Suggests You May Have A Case.

In the 9th Circuit’s August 15, 2017 decision in Robins v. Spokeo, the latest in the long-running legal debate about when a consumer cause of action exists for a data breach, the 9th Circuit has declared that inaccuracies in...more

Part Two: Abandoned Mines and Data Retention Policies

by McGuireWoods LLP on

As discussed in Tuesday’s post, in addition to taking reasonable precautions to secure data, companies should consider whether they have an affirmative duty to destroy data in the United States – to clear the explosives out...more

Thursday’s ILTACON 2017 Sessions: eDiscovery Trends

by CloudNine on

As noted Monday, Tuesday and yesterday, the International Legal Technology Association (ILTA) annual educational conference of 2017 (otherwise known as ILTACON) is happening this week and eDiscovery Daily will be reporting...more

OCIE Observations from the Second Round of Cybersecurity Examinations

by K&L Gates LLP on

On August 7, 2017, the Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) released a risk alert (the “Risk Alert”) summarizing observations from the second round of...more

FBI's Fraud Complaints Indicate Most Damaging Cyber Schemes

by GB&A Insurance on

A look at the FBI’s Internet Complaint Center indicates Business Email Compromise (also known as CEO Fraud and Social Engineering Fraud) topped the list of fraud complaints by a huge margin....more

Court Expands Standing for Plaintiffs to Pursue Data Breach Claims

On August 1, 2017, the D.C. Circuit handed down its decision in the data breach class action Attias v. CareFirst. In doing so, it became the latest federal appellate court to recognize that individual victims of a breach have...more

New Mexico’s Data Breach Law

by Snell & Wilmer on

Almost all U.S states have laws about data security and what to do when there’s a data breach. New Mexico recently added such a law for its state. Here is what’s in the New Mexico law....more

D.C. Circuit Concludes Heightened Risk of Future Identity Theft Enough for Standing in Data Breach Class Action

by Fisher Phillips on

Much to the dismay of companies, on August 1, 2017, the U.S. Court of Appeals for the D.C. Circuit made it easier for plaintiffs, and their attorneys, to bring class action data breach cases. In Attias v. CareFirst, Inc.,...more

D.C. Circuit Finds that Theft of Health Insurance Subscriber ID Numbers Is a Cognizable Injury in Identity Theft Litigation

by Moore & Van Allen PLLC on

Recently, the D.C. Circuit Court of Appeals ruled in Attias v. CareFirst, Inc., No. 16-7108, that customers had standing to sue a health insurer for a 2014 data breach in which the customers’ information was stolen. ...more

How A Potent Defense Can Stifle Data-Breach Lawsuits By Businesses

by Ellis & Winters LLP on

Consumers aren’t the only plaintiffs in data-breach litigation. Businesses sue, too. When they do sue, businesses can be strong plaintiffs. This is because, unlike consumers, businesses usually can establish standing,...more

Another Circuit Joins the Trend of Setting a “Low Bar” for Standing in Data Breach Actions

by McGuireWoods LLP on

Consistent with a growing trend among courts nationwide, the D.C. Circuit Court unanimously held that a group of plaintiffs had cleared a “low bar” to establish constitutional standing for their claims in a data breach case...more

Attempting To Avoid The High Cost Of A Reported HIPAA Breach

by Dickinson Wright on

Preventing unintended or unauthorized disclosure of protected health information is an ever-present goal of all covered entities and business associates. However, protective firewalls and electronic data security measures are...more

Four New Risks Under China’s New Cybersecurity Law for Companies With Cross-Border IT Networks

by Kobre & Kim on

Companies operating in China that keep data offshore face great uncertainty under China’s new cybersecurity law, which came into effect June 1. The law imposes cybersecurity and data privacy requirements on two...more

New Jersey Limits Use of Shopper Data

Shoppers in New Jersey were promised increased privacy after Governor Chris Christie signed the Personal Information and Privacy Protection Act that limits the collection and use of personal information obtained from...more

CPR Appoints New Cyber Panel Ahead of Anticipated Increase in Data Security Disputes

by Hogan Lovells on

The International Institute for Conflict Prevention and Resolution, a New York-based organisation offering Alternative Dispute Resolution (ADR) services, has recently announced the launch of a new specialised panel of...more

The DC Circuit Opens the Door to Data Breach Plaintiffs Alleging Substantial Risk of Future ID Theft

by Fenwick & West LLP on

The U.S. Court of Appeals for the D.C. Circuit has held that allegations of a heightened risk of future identity theft resulting from a data breach established a concrete injury at the pleading stage....more

Can Procurement Law Slow Down Data Breach Response? A Closer Look.

What happens when state and local governments respond to significant data breaches? They often turn to the private sector for breach response capabilities in order to mitigate damages. Speed is the name of the game, and...more

Avoiding Management Struggles When it Comes to Data Breaches: Part 5

by Bryan Cave on

The best way for a company to handle a data breach is to be prepared. As we discuss in our data breach readiness handbook, preparation includes, among other things, drafting an incident response plan, reviewing...more

In Data Breach Lawsuit, Mere Risk of Identity Theft is Enough to Stand On

by Saul Ewing LLP on

As the frequency of data breach incidents increases at a record pace, courts are becoming less reluctant to open the floodgates and allow consumers to bring data breach lawsuits. In its recent Attias v. CareFirst, Inc....more

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Cybersecurity

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