News & Analysis as of

Data Breach

11th Circuit Hears Oral Argument in LabMD Case

Recently, the United States Court of Appeals for the Eleventh Circuit, sitting in Miami, heard oral argument in the case of LabMD, Inc. v. Federal Trade Commission, No. 16-16270. ...more

The State AG Report Weekly Update

by Cozen O'Connor on

Charities- New York Attorney General Reaches Settlement with Breast Cancer Charity over Fraud Allegations- New York AG Eric Schneiderman reached a settlement with the Breast Cancer Survivors Foundation, Inc. (“BCSF”)...more

1 Million Individuals’ Personal Data on Backup Drive is Stolen from Washington State University

File this story in the category of even locking data up in a safe is not secure. Washington State University (WSU) has begun to notify approximately 1 million individuals that their personal data was compromised when a...more

Healthcare Providers Beware: HIPAA Isn’t Your Only Concern Following a Data Breach–State Law Matters

by McGuireWoods LLP on

Healthcare service provider CoPilot Support Services (“CoPilot”) recently agreed to pay a $130,000 settlement after it waited over a year to notify patients of a data breach, in violation of New York’s breach notification...more

2017 Security Breaches: Frequency and Severity on the Rise

by Revision Legal on

We are only six months into 2017, and we can already tell that it is going to be a bumper year with regard to instances of data security breaches. Looking back at the hacking statistics from 2015 and 2016, we should not be...more

Significant Rise In Data Privacy Breach Fines In The UK In 2016

by King & Spalding on

A report by professional services firm PwC, using figures from the UK’s Information Commissioner’s Office (“ICO”), confirmed that the number of fines handed out for breaking UK data protection laws almost doubled last year,...more

HIPAA Settlements in April and May Highlight Key Compliance Concerns for OCR

by Williams Mullen on

After a break in March with no new settlement agreements, OCR returned in April and May with quite a few. The Health Care Data Aware Blog already posted about a $400,000 OCR settlement released April 12, 2017, which can be...more

Strengthening Data Security Through Human Resources And Information Technology Teamwork

by Jackson Lewis P.C. on

Human Resources (“HR”) and information technology (“IT”) departments play unique and important roles within an organization. With instances of data breaches on the rise, however, companies should be mindful of the importance...more

A question of harm: LabMD to face off with FTC at 11th Circuit

In a consequential test of the Federal Trade Commission’s authority as a data security regulator, the U.S. Court of Appeals for the Eleventh Circuit will hear argument tomorrow in a case that will determine whether the agency...more

Medicaid Documents Thrown in Dumpster

The North Dakota Department of Human Services has admitted that one of its employees threw Medicaid claim resolution worksheets into a dumpster instead of disposing them in a secure onsite shredding receptacle. The result?...more

Food & Beverage Litigation Update | June 2017 #3

FDA Delays Compliance Date for Nutrition Facts Labeling - The U.S. Food and Drug Administration (FDA) has announced that it will postpone the deadline for food companies to use a revised Nutrition Facts label on packaged...more

Northern District of Illinois Dismisses Barnes & Noble Data Breach Lawsuit

by Alston & Bird on

Earlier this month, the United States District Court for the Northern District of Illinois entered an order dismissing with prejudice a putative class action concerning a security breach affecting PIN pad devices at numerous...more

My Entity Just Experienced a Cyber-Attack! What Do We Do Now?

by Balch & Bingham LLP on

On June 9, 2017, the U.S. Department of Health and Human Services (HHS), Office of Civil Rights (OCR) released a cyber-attack “Quick Response” checklist (the Checklist) for the benefit of HIPAA covered entities and business...more

Going Down For A Third Time – Barnes & Noble Consumer Data Breach Claims Are Dismissed Again for Lack of Injury

Despite some courts’ evident confusion about the impact of payment card theft on consumer cardholders, other courts are getting it right. Just this week, a judge in the Northern District of Illinois issued an order dismissing...more

Companies Using IoT Being Hit with Security Breaches

A new survey released by Altman Vilandrie & Company, which surveyed 400 IT personnel who have purchased Internet of Things (IoT) security products, shows that 46 percent of companies that buy IoT security admitted they have...more

U.S. Court Upholds Privilege Claim Respecting Report Prepared Following Data Breach

Those following developments in the data breach litigation space will be interested in the recent decision, In re Experian Data Breach Litigation (In Re Experian), where the California District Court upheld a privilege claim...more

Over 80 Percent of Hacking Related Breaches Were Related to Password Issues: Cybersecurity Trends

by CloudNine on

I’ve referred to last year’s Verizon Data Breach Investigations Report (DBIR) in several webcasts lately (including this one) and realized that this year’s report should have already come out by now. Sure enough it has,...more

Data Gets Personal

by Conduent on

The average total cost per data breach for a U.S. company is $4 million, not to mention reputational damage to the brand and possible litigation1 . No entity is immune from ransomware gangs, careless employees exposing...more

OCR Publishes Checklist and Infographic for Cyber Attack Response

OCR released a simple checklist and infographic last week to assist Covered Entities and Business Associates with responding to potential cyber attacks. As cybersecurity remains a pressing concern for health care entities,...more

IoT Cybersecurity and Data Privacy Trends in Asia: Be Ready

by Hogan Lovells on

In this hoganlovells.com interview, Hong Kong-based Hogan Lovells partner Mark Parsons talks about the regulatory environment in Asia as it relates to cybersecurity, data privacy, and the Internet of Things (IoT)....more

Deeper Dive: Clapper Divide Expands In Data Breach Cases

by BakerHostetler on

As reported in our 2017 Data Security Incident Response Report, plaintiffs allege potential future harm as a basis for injury in 80 percent of data breach lawsuits. But are allegations of future harm sufficient to meet...more

Yet another Target settlement highlights data breach costs

by Thompson Coburn LLP on

In what appears to be the closing act of the saga that is the Target data breach, on May 23 the retailer announced it had reached a settlement agreement with a coalition of 47 states’ attorneys general. Pursuant to the...more

ECRI Institute Releases Guidance on How to Protect Your Medical Device Systems

by Knobbe Martens on

The ECRI Institute released new guidance in its article: “Ransomware Attacks: How to Protect Your Medical Device Systems” on May 18, 2017. The report recommends various protective actions for hospitals to take and points to...more

HHS Releases Health Care Industry Cybersecurity Task Force Report

Last week, the Department of Health and Human Services (HHS) issued its “Report on Improving Cybersecurity in the Health Care Industry,” which is the culmination of a year-long effort on behalf of the Cybersecurity Task...more

OneLogin Suffers and Notifies Customers of very Sophisticated and Scary Intrusion

San Francisco based OneLogin, which provides single sign on and identity management services for companies and app vendors, recently notified its users that it has discovered an unauthorized access to its data....more

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