Data Breach

News & Analysis as of

Safeguarding Your Information Assets: Are You Prepared?

In view of the well-publicized data breaches in 2014 and the current renewed federal legislative focus on privacy and data security issues, we are highlighting some action items to safeguard your company’s information assets,...more

Looking At Angles Of Liability After A Cyberattack

All employers have personnel data on their information technology systems and devices. This data includes personally identifiable information such as names, addresses, birth dates and Social Security numbers of employees and...more

This Party is BYOD, Part Two

Another pitfall that might arise in a BYOD context pertains to the nature of the information on the device itself. In addition to proprietary information of the company, certain other information is subject to additional...more

Energy & Commerce Subcommittee Holds Hearing on Data Security and Breach Notification; FTC Releases “Internet of Things” Report

Tuesday, the House Energy & Commerce Subcommittee on Commerce, Manufacturing, and Trade held its first hearing of the 114th Congress, entitled “What Are the Elements of Sound Data Breach Legislation?”...more

Congress Begins Discussing Cybersecurity – For Real This Time

Legislators from the House of Representatives will begin work today on figuring out how to protect American companies from cybersecurity breaches.  The panel will host comments from the retail, tech, and marketing industry...more

Data Breach Legislative Debate Begins Today at the House Energy & Commerce Committee

On Tuesday, the House Energy & Commerce Subcommittee on Commerce, Manufacturing, and Trade held a hearing entitled "What are the Elements of Sound Data Breach Legislation?" This hearing was the first of the new Congress to...more

"Insights Conversations: Cybersecurity"

This past year has been called the "year of the massive data breach," with many high-profile attacks on well-known companies. Skadden partners Cyrus Amir-Mokri, Patrick Fitzgerald, Marc S. Gerber, Stuart D. Levi and Timothy...more

Alert: Five Ways to Reduce Your HIPAA Liability

As of early December 2014, 1,170 security breaches under the Health Insurance Portability and Accountability Act (HIPAA) involving 31 million records had been reported to the U.S. Department of Health and Human Services (HHS)...more

New York Insurance Law: 2014 Year in Review

Introduction - Perhaps the most significant and dramatic decision of the year played out when the Court of Appeals, New York's highest court, backtracked on an earlier decision regarding the duty to defend. It first...more

Data Breach Notification Law Even Applies to You, California Employer

Months before the well-publicized Sony catastrophe, California passed Assembly Bill 1710, which was signed into law on September 30, 2014, and became effective on January 1, 2015. The most discussed part of this new law...more

2014 Mobile Privacy and Security Trends and What to Look for in 2015

Most analysts and commentators agree that 2014 was the year mobile reached a tipping point. With over 1 billion mobile smartphones in circulation, 2014 marked the first year that mobile Internet usage surpassed desktop use in...more

Dealing with High Risk Data

When people think of high risk data, most think of Personal Health Information and Personally Identifiable Information as it relates to HIPAA and the health care industry, but Steve Shebest’s very informative article “High...more

Navigating the Cyber Liability Storm - Part II

Franchisors are facing a precarious three-way intersection of increased accountability and regulation over consumer privacy, the growing volume and sophistication of cyber-attacks on consumer data, and the expanding...more

Navigating the Cyber Liability Storm Part I

Franchisors are facing a precarious three-way intersection of increased accountability and regulation over consumer privacy, the growing volume and sophistication of cyber-attacks on consumer data, and the expanding...more

Five 2015 Corporate Compliance / Litigation Issues Manufacturers Need To Keep An Eye On

It is our annual tradition at the beginning of each year to report on significant issues that face manufacturers/distributors in the year ahead.  Two weeks ago, Matt reported on significant issues in the labor/employment...more

Dear Lawmakers, Your New Breach Notice Laws Should Address These Issues

The days of companies being so afraid of the reputational impact of a breach that they would look for any way possible to avoid disclosure are gone. The pendulum has swung in the opposite direction. Now companies, often in...more

Expect Focus - Spot The Regulator, Volume IV, Fall 2014

In This Issue: - IN THE SPOTLIGHT ..Crisis Management: Five Steps to Take Before Providing That Comment - LIFE INSURANCE ..Third Circuit Limits ERISA Fiduciary Liability to those with Ultimate...more

News from the Health Law Gurus™:

News from the Health Law Gurus™ is a weekly summary of notable health law news from around the country with helpful links to related content. Check back every week for the latest health law news stories....more

The Road Ahead: Privacy and Cybersecurity in 2015

2014 has been called the “Year of the Data Breach.”  In the wake of many high-profile data breaches, including the recent Sony breach, 2015 promises a continued focus on privacy and cybersecurity issues. This week, President...more

Online Retailer Zappos.com Reaches Settlement with Nine Attorneys General Over Data Security Breach

Last week, the online shoe and clothing retailer Zappos.com, Inc., reached a settlement with nine state Attorneys General over a 2012 data security breach that allegedly exposed the personal information of more than 24...more

Will 2015 Be The Year of the Data Breach Class Action?: Target Data Breach Claims Survive Motions to Dismiss

Various media outlets dubbed 2014 “the Year of the Data Breach.” Unfortunately for businesses, breach of their secure systems by hackers may be only the beginning of the bad news – which often culminates in class action...more

President Obama Proposes Legislation Requiring Businesses to Notify Customers of Data Security Breaches Within 30 Days

In a speech given before the Federal Trade Commission (FTC) on Monday, January 12, President Obama proposed federal legislation that would impose a nationwide standard on companies that experience a data security breach. The...more

White House Takes Action on Data Breach, Cybersecurity and Privacy; Calls on Congress to Follow Its Lead

2014 has been described as the "Year of the Data Breach." With data breaches, cyber attacks and privacy issues regularly in the news, the White House orchestrated a series of events this week to highlight administration...more

Data Breach Litigation – Financial Institutions Score Another Shot

Previously I wrote about banks joining the legal battle over data breaches. Anyone not living under a rock knows that there is multidistrict class action litigation involving Target’s massive data breach in December 2013...more

Protections Governing Theft and Publication of Medical Records

As instances of medical data breaches increase, U.S. courts are interpreting the scope of liability stemming from them. In California, the court in Sutter Health et al. v. The Superior Court of Sacramento County (Atkins) held...more

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