Data Breach Data Security

News & Analysis as of

Cybersecurity Incident Response: Who You Gonna Call?

Who should you call when you suspect, or are certain of, a data breach? Data breaches and other cybersecurity incidents have become of a fact of life. Yahoo! recently disclosed that data for over one billion users was...more

U.S. Military Special Operations Command Workers’ Data Exposed by Vendor

Military personnel continue to be victimized by data breaches. This time, the personal information of healthcare workers employed by Potomac Healthcare Solutions (Potomac), who work for a U.S. Special Operations Command were...more

Time Waits for No One: OCR Announces First HIPAA Settlement for Lack of Timely Breach Notification

On Jan. 9, 2017, the Department of Health and Human Services Office for Civil Rights (“OCR”) announced the first HIPAA enforcement action for failure to timely report a breach. Often investigating and making formal...more

State Data Breach Notification Laws

While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more

Reduce Potential Liability for Data Security Breaches by Negotiating Coverage in Payment Processing Agreements

Credit cards are the primary form of payment received by most retailers. In order to process a credit card, a retailer must enter into an agreement with a bank and a payment processor. Payment processing agreements often have...more

Breach of Privacy Prompts Breach of Etiquette: DHHS Sets New Precedent in Privacy Breach Enforcement

On January 9, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) took action against a health system for non-timely reporting of a breach of protected health information. It was the first...more

FTC Settles Data Breach Case with AshleyMadison for $1.6 Million

The Federal Trade Commission (“FTC”) settled with online dating website AshleyMadison.com for $1.6 million stemming from FTC and state actions brought against the company as a result of a July 2015 data breach that exposed...more

FINRA Focus on Cybersecurity Continues

On November 14, the Financial Industry Regulatory Authority (FINRA) imposed a $650,000 fine against Lincoln Financial Securities Corporation (Lincoln Financial) for its failure to implement adequate data security measures to...more

One Less (Regulator) Affair for AshleyMadison.com: Site Operators Agree to Settle U.S. Charges Stemming from 2015 Breach

Remember the 2015 AshleyMadison.com data breach, where hackers gained access to the personal information of about 36 million users from over 46 countries, and threatened and carried through on their promise to release the...more

Key Legal & Regulatory Issues for Financial Services Companies in 2017

With 2016 rapidly drawing to a close, here are some thoughts regarding the types of litigation and legal/regulatory issues that will likely be top-of-mind for financial services companies, especially mortgage companies and...more

“Life Is Short. Settle with the FTC” – The Cost of Ashley Madison’s 2015 Data Breach

On December 14, 2016, operators of online extramarital dating and social networking website AshleyMadison.com came to an agreement with the Federal Trade Commission, and several States, to settle FTC and related state charges...more

Importance of Maintaining Cybersecurity Measures – Assessing the Ashley Madison Data-Breach Settlement

Daily headlines of data breaches, resulting class actions, governmental investigations and enforcement actions, and the settlements of those actions serve as constant reminders of the need to implement and maintain reasonable...more

International Employers in Scope of the GDPR: Are You Ready?

The GDPR harmonizes data protection laws across the EU and updates the current 20-year-old regime to take account of globalization and the ever-changing technology landscape. It will apply not only to EU companies, but to...more

Be Prepared: How to Respond to a Data Breach

As companies increasingly experience data breaches, we’d like to remind clients of some resources to guide them through their initial response to such a breach....more

Affair Website Ashley Madison Fined $8.75 Million Over Data Breach, Misrepresentations

The Federal Trade Commission (FTC) has entered into a multimillion dollar settlement with the owners and operators of AshleyMadison.com, a dating website for people interested in having discreet affairs, related to the...more

Over 3.1 Billion Records Breached So Far in 2016

The tally of records breached in 2016 (through November) globally was over 2.1 billion, according to IT Governance. With the announcement yesterday of Yahoo’s breach of another 1 billion records, that tally is now up to 3.1...more

Wake-Up Call: Law Firms in the Cybersecurity Crosshairs

Last week marked the first time a U.S. law firm was publicly named in a class action data security lawsuit. Originally filed in April 2016, the class action complaint in Shore v. Johnson & Bell, Ltd., 16-cv-4363 (N.D. Ill.),...more

“Life is Short. Have an Affair.” And Then Settle With the FTC.

Yesterday, the Federal Trade Commission (“FTC”) announced a settlement with the owners of “dating site” AshleyMadison.com, arising from a July 2015 data breach that received broad media coverage. According to a proposed...more

HHS OCR Levies Significant HIPAA Penalties in a Series of Recent Settlements: Covered Entities and Business Associates Alike...

Between June and November 2016, the Department of Health and Human Services Office of Civil Rights (HHS OCR) has announced seven high-dollar settlements to resolve alleged violations of the HIPAA privacy, security, and breach...more

“Directors’ Decisions Must Be Reasonable, not Perfect” Home Depot’s Shareholder Derivative Litigation Arising from Data Breach...

On November 30, 2016, a federal district court dismissed a shareholder derivative complaint against various current and former directors of Home Depot arising from the well-publicized data breach the company suffered between...more

FriendFinder Data Breach Exposes 400 million+ Accounts

FriendFinder Networks is a company in the adult entertainment, social networking, and online dating space. Several databases from FriendFinder Networks web sites with more than 412 million accounts, including usernames,...more

"Privacy & Cybersecurity Update - November 2016"

In this month's Privacy & Cybersecurity Update, we review an 11th Circuit case involving the longstanding battle between the FTC and medical company LabMD, recent NIST guidelines for securing devices connected to the...more

Data Security for Employers: An Update

Employers store, manage, and share sensitive data about employees. The Navigator and other commentators have written a lot about issues related to personally identifiable information, health-related data, and employee...more

New FTC Data Breach Response Guidelines

Cybersecurity should always be at the top of any retailer’s priority list—and even more so as the holiday shopping season gets underway. To that end, the Federal Trade Commission’s newly-released Data Breach Response...more

New California AG Appointed with Possibilities for Privacy Enforcement

With the election of current California Attorney General Kamala Harris to the U.S. Senate, Governor Jerry Brown was tasked with appointing her replacement. On December 1, he announced that his pick is U.S. Representative...more

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