News & Analysis as of

Data Breach

Deeper Dive: Protecting Paper Records

by BakerHostetler on

Our third annual BakerHostetler Data Security Incident Response Report analyzes the more than 450 data security incidents we led clients through in 2016, and includes a number of interesting trends relating to the causes of...more

Breach Notification Update: New Mexico becomes the 48th State Requiring Breach Notification and Tennessee Adds a Safe Harbor for...

by Sedgwick LLP on

As the frequency of data breaches continues, so do legislative developments on notification requirements that must be met in the event of a breach of Personally Identifiable Information (PII). Even as of now, not every state...more

InterContinental Hotels Reports Credit Card Breach

InterContinental Hotels Group (IHG) has reported a data breach of its payment card processing system. The breach involves malware that infected certain locations between September 29, 2016, and December 29, 2016. The malware...more

New Mexico Becomes 48th State to Enact Data Breach Notification Law

by Ballard Spahr LLP on

New Mexico recently became the 48th state to enact a data breach notification law. This continues the accelerated pace of state data breach legislative activity in the last two years. Since 2015, at least 41 states have...more

New Mexico Enacts Data Breach Notification Act (Updated)

by Jackson Lewis P.C. on

New Mexico has become the 48th state to enact a data breach notification law requiring that individuals be notified of security breaches of information involving personal identifying information. Governor Susana Martinez...more

Cybersecurity Bill Aims to Patch Holes in Main Street

by Morgan Lewis on

The US Senate Commerce Committee recently advanced a bill, titled the MAIN STREET Cybersecurity Act of 2017 (the Bill), under which the National Institute of Standards and Technology (NIST) would disseminate “clear and...more

OCR Levies Hefty Fine Against FQHC

Showing no signs of letting up on enforcement actions, the Office for Civil Rights (OCR) late last week settled an investigation against Metro Community Provider Network MCPN, a Colorado based federally qualified health...more

Be Compromise Ready: Go Back to the Basics

by BakerHostetler on

We are excited to release our third annual BakerHostetler Data Security Incident Response Report. This report analyzes the more than 450 data security incidents we led clients through in 2016. Companies continued to...more

March Sees an Uptick in Health Data Breaches

The monthly breach report issued by Protenus last week outlining data breaches that occurred in the month of March concludes that there was an “uptick in the number of health data breach incidents.”...more

New Mexico Enacts Data Breach Notification Act

by Jackson Lewis P.C. on

On April 6, 2017, New Mexico Governor Susana Martinez signed HB 15, making New Mexico the 48th state to enact a data breach notification law. The law has an effective date of June 16, 2017 and follows the same general...more

States Take Action! New Mexico, Tennessee and Virginia Pass New Data Breach Legislation

After a quiet winter there has been significant activity in state legislatures to enact, strengthen or clarify their data breach notification statutes. The latest happenings are summarized below and we have updated our “Mintz...more

Data Breach Risks for 401(k) and Retirement Plans

by Jones Day on

There has been a recent spike in attacks on 401(k) and retirement plans by cyber criminals. Some have been reported publicly, and we are aware of several nonpublic incidents as well....more

Reputation Management: A How-To Guide

by Bryan Cave on

The reputational injury following a data breach can be severe. Indeed, reputational injury – including lost customers – often surpasses legal liability. Effective management of the reputational impact of a data security...more

Trust but Verify? Liability for Engaging in Transactions with an Identity Thief

by Ellis & Winters LLP on

After a data breach, consumers often sue to recover for injuries they suffer, or fear they will suffer, when identity thieves use the stolen data. These suits usually target the company that suffered the data breach. ...more

ASIC, I have breached the law. Credit licensees may be subject to mandatory self-reporting rules. - A key difference between the...

by Dentons on

A key difference between the ACL and AFSL regime has been that credit licensees have no obligation to report breaches. The absence of breach reporting was an intentional feature of the ACL regime. During the process of...more

$400,000 Settlement Highlights Need for Pre- and Post-Breach Safeguards

by Dickinson Wright on

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR), has announced another Health Insurance Portability and Accountability Act of 1996 (HIPAA) settlement. This one is with Metro Community Provider...more

ABCD Pediatrics Victim of Ransomware

ABCD Pediatrics, located in San Antonio, Texas has notified the Office for Civil Rights that a ransomware cyber intrusion has resulted in access to its servers, including the protected health information (PHI) of its...more

GameStop Investigating Data Breach of Credit Card Information

Brian Krebs broke the story that GameStop was investigating a possible data breach affecting customers’ credit card information. This week, GameStop confirmed that it is investigating the possible compromise of credit card...more

Washington University School of Medicine Victim of Phishing Attack

Another employee falls for a phishing attack. This time, it was an employee of the Washington University School of Medicine The employee received a phishing email on December 2, 2016, and feel for what looked like a real...more

New York Tallies A Record-Breaking Number Of Data Breach Notices

by King & Spalding on

On March 21, 2017, the Attorney General (“AG”) of New York, Eric T. Schneiderman, announced that his office received a record number of data breach notices in 2016. The total number of breach notifications received by the...more

Coca-Cola Dodges Privacy Class Action

by Cozen O'Connor on

Coca-Cola won big last month when it secured summary judgment in a privacy class action brought by a former bottling plant employee concerning compromised personal information. Hon. Joseph Leeson of the Eastern District of...more

Virginia Amends Breach Notification Law

by McGuireWoods LLP on

As previously reported, the significant rise in Form W-2 phishing e-mails has prompted increased awareness surrounding these fraudulent tax schemes. Most recently, Virginia has responded to these types of attacks by amending...more

Telecommuting Healthcare Employees Get Employers in HIPAA Compliance Hot Water

by Dickinson Wright on

As the healthcare industry has expanded to providing home healthcare services, more service providers are allowing their employees to work remotely, i.e., telecommuting. The flexibility for healthcare workers to work from...more

IRS to Notify 100,000 Taxpayers That Their Information May Have Been Obtained Through Misuse of FAFSA Retrieval Tool

On Thursday, Internal Revenue Service (“IRS”) Commissioner John Koskinen testified that the personal data of up to a 100,000 taxpayers could have been compromised as a result of criminal use of the Free Application for...more

New Mexico Data Breach Legislation Passes

by Alston & Bird on

New Mexico recently became the 48th state to pass some form of data breach notification legislation, leaving Alabama and South Dakota as the lone holdouts. The Data Breach Notification Act was signed by New Mexico Governor...more

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Cybersecurity

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