News & Analysis as of

Data Breach

Vermont AG Settles with SAManage for $264,000 for Delayed Breach Notification

The Vermont Attorney General (AG) recently announced that it has settled with SAManage USA, a business support services company, for failing to timely notify 660 Vermont residents that their names and Social Security numbers...more

Plaintiffs’ Lawyer Predicts $1 Billion Settlement in Data Breach Case – But Where’s the “Harm”?

by Orrick - Trust Anchor on

This week, a high profile plaintiffs’ firm (Edelson) stated that “if done right,” the data breach class actions against Equifax should yield more than $1 billion in cash going directly to more than 143 million consumers...more

Tracking Trends in CFIUS Review Process Based on Recently Released 2015 Annual Report

Last month, the Committee on Foreign Investment in the United States (“CFIUS”) released its annual report to Congress for 2015 (the “2015 Annual Report”) and its cumulative table summarizing foreign investment activity from...more

Privacy Perils: Reality Check - Your Information is Not Secure

by Bass, Berry & Sims PLC on

As we all know, over the past few years there have been a host of data breaches by entities that most of us expected would safeguard that information. The latest loss of roughly 150 million Americans' personal information is...more

Business Associate Resold Fax Machine Containing PHI

Fax machines are still used in the medical community, and these days, faxing may be more secure than emailing as hackers have not yet cracked the task of hacking into old fax machines. All kidding aside, fax machines have...more

States Respond to Equifax Cyber Breach with Enforcement Actions and Calls for Enhanced Regulatory Powers

In the wake of last month’s historic cyber breach of Equifax, which resulted in the theft of sensitive personal information belonging to over 140 million Americans, states have wasted no time in seeking a greater role in...more

SEC’s Chairman Makes Changes After the Agency’s Latest Cyber-Attack

by Burr & Forman on

The Securities Exchange Commission (“SEC”) has been busy the last couple months on the cyber front. On September 20, the SEC announced a renewed focus on cybersecurity efforts and disclosed that it had been a victim of a...more

The Mummy’s Hand and a Risk-Based Approach at the Board Level

by Thomas Fox on

Today we consider the 1940’s film, The Mummy’s Hand as the second installment in Universal Pictures series featuring this creature. Boris Karloff departed the role and it was taken over for one film by Tom Tyler, who was...more

What to Do When You Find Yourself in the Data Breach Club

by Miles & Stockbridge P.C. on

In the wake of the latest massive data breach, this one involving Equifax, more and more companies are likely wondering what they should do in the event that they are faced with a data breach that exposes the personal data of...more

Non-Signatories Succeed In Compelling Arbitration In State Courts

The high courts of two states have allowed non-signatories to compel arbitration in recent weeks. The cases show courts are addressing non-signatory issues using different standards and raise important drafting issues for...more

Arkansas Surgery Center Hit with Ransomware

Arkansas Oral & Facial Surgery Center (AOFSC) was recently hit with ransomware that shut down access to health information of its patients and rendered some of it imaging files, including X-rays of patient inaccessible....more

State AGs ask Experian to waive credit freeze fees

by Ballard Spahr LLP on

An Assistant Illinois Attorney General, in a letter sent to Experian’s CEO on behalf of the Illinois AG and the AGs of 35 other states and the District of Columbia, has asked Experian not to charge any credit freeze-related...more

FTC Invests In Technology To Prepare for Busy Year Of Litigation And Investigations

by Fox Rothschild LLP on

The Federal Trade Commission is investing nearly $3 million in technology to support an increasing need for e-discovery driven by massive data breaches such as the one disclosed recently by Equifax. The news comes from the...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The Peltz/P&G drama continues, with the company suggesting that Trian has lost its bid for a Board seat and the fund arguing that it disagrees with the company’s counting of the ballots....more

Business Litigation E-Note - September 2017

by Burr & Forman on

Cyber threats take many forms. The widespread WannaCry ransomware attack in May of 2017 highlighted how computer files could be held hostage in return for payment, while the Dyn denial of service in October of 2016...more

Don’t Forget HIPAA’s “Minimum Necessary” Rule When Making Health Information Disclosures

by Nossaman LLP on

When Covered Entities or Business Associates or their counsel analyze whether a particular disclosure of Protected Health Information (or “PHI,” as defined in HIPAA) is permissible, they should be sure also to analyze whether...more

Health Care E-Note - September 2017

by Burr & Forman on

On June 2, 2017, Anderson, South Carolina-based AnMed Health and the Department of Health and Human Services Office of Inspector General entered into the largest settlement under the Emergency Medical Treatment and Labor Act...more

Equifax Fallout Could Boost Consumers' Shaky Harm Claims

Tim Toohey was quoted in Allison Grande’s article that ran in Law360 on October 6, 2017, discussing the Equifax data breach and the congressional hearings in both the Senate and House following the breach. The hearings have...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

A roundup on Richard Thaler, the U Chicago professor named Monday as the winner of this year’s Nobel Prize in economics for his groundbreaking work in behavioral economics (and the consistently irrational human nature)....more

Bridging the Week - September 2017 #3

by Katten Muchin Rosenman LLP on

FCM Agrees to Pay US $2.5 Million CFTC Fine for Relying on Affiliate’s Purportedly Misleading Analysis of Block Trades for a CME Group Investigation: Merrill Lynch, Pierce, Fenner & Smith Incorporated agreed to pay a fine of...more

Equifax Flunked Index Provider’s Cybersecurity Test A Year Ago

A financial index provider foretold the Equifax Inc. data breach more than a year ago, warning that the rating agency “is vulnerable to data theft and security breaches.”...more

McDowell v. CGI Federal Inc.: A Stark Reminder to Government Contractors of their Cybersecurity Obligations

by Hogan Lovells on

On June 1, 2017, the United States District Court for the District of Columbia issued a decision in a class action lawsuit, McDowell v. CGI Federal Inc., Civ. Action No. 15-1157 (GK) (D.D.C. 2017), which could have...more

The SEC Gets Hacked: What Now?

by Nossaman LLP on

It was recently revealed that the Securities and Exchange Commission’s (“SEC”) EDGAR database, which is used by public companies to file official documents, was breached. According to the SEC, trading off of that hacked...more

Delaware Strengthens Cybersecurity Law

by McGuireWoods LLP on

On August 17, 2017, Delaware became the latest state to strengthen its cybersecurity laws. Under the newly enacted House Substitute 1 for House Bill 180, businesses who suffer cybersecurity breaches will face far more...more

Data Breach Doubleheader: The Eighth Circuit Issues Two Decisions Addressing Boundaries of Standing in Data Breach Class Actions

by K&L Gates LLP on

In two recent decisions, the Eighth Circuit addressed the hotly-litigated issue of when consumer plaintiffs have standing to pursue claims arising out of a data breach. The decisions stake out the Eighth Circuit’s positions...more

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Cybersecurity

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