News & Analysis as of

Data Breach

Case Update: In Consumer Data Breach Case, Eleventh Circuit Indicates Concern over Scope of FTC’s Enforcement Actions

by Dorsey & Whitney LLP on

On June 21, 2017, the Eleventh Circuit Court of Appeals heard oral argument in LabMD, Inc. v. FTC, Case No. 16-16270, a case that is being carefully watched to see if it will clarify the limits of the Federal Trade...more

NY AG Fines Healthcare Firm $130,000 for Improperly Delaying Breach Notices to Consumers Due to an FBI Investigation

by Arnall Golden Gregory LLP on

On June 15th, New York Attorney General Eric Schneiderman announced a settlement with CoPilot Provider Support Services Inc. to resolve allegations that the company improperly delayed notice to more than 220,000 consumers of...more

AGG Food and Drug Newsletter - July 2017

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP's Food and Drug Newsletter is a monthly update of legal and regulatory issues that affect the FDA-regulated community, including regular updates on legislative initiatives from AGG’s Washington, DC...more

Ashley Madison Settles Data Breach Case for $11.2M

Ashley Madison, which suffered a data breach in 2015 involving the loss of 37 million users’ personal and financial information, has settled the suit for $11.2 million....more

SEC Chairman Clayton Talks Cyber Threats And Responses

by King & Spalding on

On July 12, 2017, U.S. Securities and Exchange Commission Chairman Jay Clayton made his first public speech as head of the Commission, emphasizing the need for coordination between companies and regulators to thwart cyber...more

D.C. District Court Expands Government Contractors’ Exposure to Consumer Data Breach Class Actions

The United States District Court for the District of Columbia recently endorsed private citizens bringing data breach claims directly against a government contractor where the contractor failed adequately to safeguard the...more

Deeper Dive: Application of Work-Product Doctrine to Forensic Investigations

by BakerHostetler on

In a recent post, we addressed the role a forensic investigation plays in a company’s response to a data security incident. We noted that to maximize the likelihood that a forensic firm’s work will be covered by the...more

Protecting Data: Vendors May Be Your Weakest Link

by Murtha Cullina on

A Verizon Communications vendor misconfigured a cloud server that caused the information of 6 million Verizon customers to be exposed on-line. When a cyber incident or data breach occurs on your vendor’s watch, regardless of...more

Data Protection Laws Could Increase After Jio Data Break

Reliance Jio, an Indian telecom upstart, compromised the personal data of over 100 million customers. This has prompted a call for increased data protection laws in India. At present, companies in India do not have to...more

The Impact of the General Data Protection Regulation on Responses to Data Breaches Involving EU Personal Data

by McDermott Will & Emery on

The forthcoming General Data Protection Regulation will expand the legal obligations of companies that process EU personal data when they suffer a data breach. Every company faces the risk of a data breach that might trigger...more

Cyber Threats Equal Serious Threats

by Burr & Forman on

Every where you look these days, there seems to be another report of a cyber attack--attacks which do not discriminate based on industry type, size of business, or impact. In other words, everyone is vulnerable. In fact, the...more

Three Million Wrestling Fans’ Data Compromised

World Wrestling Entertainment, Inc. (WWE) has announced that it is investigating a “vulnerability of [a] database” containing over three million users’ names, addresses, email addresses, dates of birth, educational...more

Hurricane Cyber? Insurers Confront Unpredictable Data Breach Costs

by Fox Rothschild LLP on

Venerable insurer Lloyd’s of London says a global cyber attack on a major provider of cloud services could carry costs of up to $53 billion, reports Data Breach Today. That’s a hefty price tag that explains the rising...more

Defending Novel Theories In Data-Breach Litigation

by Ellis & Winters LLP on

The success of a data-breach lawsuit often turns on whether the plaintiff has standing to sue. Showing actual injury can be especially hard when the only alleged damage consists of a risk of future identity theft....more

VTech Escapes Class Action Case Over Breach of 11 Million Toy Users’ Information

In November 2015, VTech Electonics North America LLC (VTech) announced that an unauthorized party infiltrated its network and gained access to the personal information of 5 million adults and 6.5 million children through its...more

Bavarian DPA Has Released GDPR Implementation Audit Questionnaire

by Reed Smith on

The Bavarian Data Protection Authority (“Bavarian DPA”) has published an English-language version of a GDPR implementation audit questionnaire (“Questionnaire”). The Questionnaire has been previously released in...more

DOJ Asks SCOTUS to Take on Microsoft Case and Verizon Suffers its own Data Breach: eDiscovery Trends

by CloudNine on

A rare two-topic day, but both are notable… Remember the Microsoft Ireland Warrant case, where the Second Circuit reversed earlier rulings and denied the government’s efforts to compel Microsoft to provide emails in that...more

McNees Advocate Alert - July 2017

In February 2016, a computer hacker sent an e-mail infected with a “ransomware virus” to an employee of the town of Medfield, Massachusetts. When the e-mail was opened, the virus spread throughout the town’s computer network,...more

Ransomware is taking the world by storm; does insurance respond?

On June 27, 2017, the world had its second major ransomware attack in two months, and experts are predicting more to come. The first, named WannaCry, began May 12, and quickly spread to over 400,000 machines, the vast...more

New FTC Guidance on Children’s Online Privacy Protection Act

by Morgan Lewis on

In May 2017, Senator Mark Warner of Virginia sent a letter to the Federal Trade Commission (FTC) raising concerns about the security of data collected, transmitted, and/or stored by internet-connected products geared toward...more

AGs Weave Themselves Into Patchwork of Digital-Health Regs

by Pepper Hamilton LLP on

There are more than 165,000 mobile health applications available for download in Apple’s App Store or Google Play. This number will likely keep rising, and a body of federal and state regulators, including state attorneys...more

Class Action and Regulatory Settlements Reflect the Rising Cost of Data Breaches

by Carlton Fields on

As the number of data breaches continues to increase, so too do the costs. After a breach occurs, companies typically expend significant sums conducting investigations, notifying customers and regulators, and engaging in...more

7 Tips About Data Breach Prevention And Cybersecurity For Small Businesses

by Fraser Trebilcock on

We see it in the news on a regular basis. Major corporations like Anthem, eBay, Sony Pictures, and Target have all suffered major data security breaches. But these breaches don’t only happen to major businesses. Companies of...more

Data Breach Disruptions: The Cost of Cybercrime in Canada

News about malicious cyber-attacks have been flooding media outlets in recent weeks as high-profile viruses (including WannaCry and Petya) continue to hit leading global and Canadian companies. What’s the cost here at home?...more

Five Questions for Investors in Insurtech

Decisions you make when founding and/or investing in an insurtech venture can dictate your regulatory obligations, tax liability, operational structure and, ultimately, profitability. Here are five seemingly simple...more

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Cybersecurity

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