News & Analysis as of

Data Protection Data Breach

Is Your Business Insured Against A Cyber Attack?

by Partridge Snow & Hahn LLP on

Your business has insurance coverage for flood and fire damage. You are protected if an employee gets into a car accident. But are you covered for a cyber attack?...more

Virginia Amends Data Breach Notification Law

by Alston & Bird on

Virginia amended the state’s data breach notification law, effective July 1, 2017, to expand notification requirements for employers and payroll service providers to data breaches that involve “unauthorized access and...more

Allocation of Data Breach Risks and Costs in Vendor Contracts: Negotiate, Negotiate, Negotiate (And Negotiate Again!) Limitations...

by McGuireWoods LLP on

“A significant data breach is likely to cost the company materially, and costs could drag on for a number of years,” analyst Shlomo Rosenbaum, commenting on the Equifax breach. Organizations increasingly rely on...more

An English-Language Primer on Germany’s GDPR Implementation Statute: Part 4 of 5

by Alston & Bird on

Over the past year, the German government has been working on legislation to implement the EU’s General Data Protection Regulation (GDPR). On July 6, 2017, Germany did so by passing a statute titled the Data Protection...more

Data Privacy + Cybersecurity Insider - October 2017 #2

by Robinson & Cole LLP on

FBI Issues Flash Alert on Apache Struts Vulnerability - The Apache Struts vulnerability has been mentioned frequently in the media over the past month, as it is believed to have been involved in one of the largest and most...more

Vermont AG Settles with SAManage for $264,000 for Delayed Breach Notification

The Vermont Attorney General (AG) recently announced that it has settled with SAManage USA, a business support services company, for failing to timely notify 660 Vermont residents that their names and Social Security numbers...more

Plaintiffs’ Lawyer Predicts $1 Billion Settlement in Data Breach Case – But Where’s the “Harm”?

by Orrick - Trust Anchor on

This week, a high profile plaintiffs’ firm (Edelson) stated that “if done right,” the data breach class actions against Equifax should yield more than $1 billion in cash going directly to more than 143 million consumers...more

Privacy Perils: Reality Check - Your Information is Not Secure

by Bass, Berry & Sims PLC on

As we all know, over the past few years there have been a host of data breaches by entities that most of us expected would safeguard that information. The latest loss of roughly 150 million Americans' personal information is...more

Delaware Strengthens Cybersecurity Law

by McGuireWoods LLP on

On August 17, 2017, Delaware became the latest state to strengthen its cybersecurity laws. Under the newly enacted House Substitute 1 for House Bill 180, businesses who suffer cybersecurity breaches will face far more...more

Cyber-insurance and Employee Data Breaches: Part 1

by Bryan Cave on

A large portion of the hundreds of data breaches and thousands of data security incidents that occur each year involve human resource related issues. This includes situations in which HR data was lost, employees were...more

A Time to Remember that Employer-Provider Data Breach Benefits are not Taxable

by Snell & Wilmer on

Hardly a week goes by without another announcement of a high-profile data security breach. The list of data breaches impacting high-profile employers and their employees just in 2017 is long...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

A sobering look at the post-recession economic recovery shows that while by many measures US economic figures are again strong, the recession caused wounds that “have not fully healed”—including the loss of more than 1.5...more

FTC to hold workshop on informational injury

by Ballard Spahr LLP on

The FTC has announced that it will host a workshop on December 12, 2017 in Washington, D.C. to examine consumer injury in the context of privacy and data security....more

Alert: New Law Heightens Cybersecurity Requirements for Delaware Residents

by Cooley LLP on

On August 17, 2017, Governor John Carney signed into law bi-partisan legislation that increases cybersecurity protections for Delaware residents whose personal information may be compromised as a result of a data breach....more

The Digital Download - Alston & Bird’s Privacy & Data Security Newsletter - October 2017

by Alston & Bird on

An English-Language Primer on Germany’s GDPR Implementation Statute. Expanding on his recent article for Bloomberg BNA, Alston & Bird associate Dan Felz offers a multipart primer on Germany’s new GDPR implementation statute....more

Employer-Sponsored Health Plan HIPAA Compliance Checklist

by Davis Wright Tremaine LLP on

The administrative simplification provision of the Health Insurance Portability and Accountability Act and its implementing regulations (HIPAA) impose obligations on employer-sponsored group health plans. Given recent...more

Memo to Congress: Five Key Questions for Upcoming Equifax Hearings

Richard F. Smith – who presided over Equifax Inc. as CEO during one of the largest data breaches in a generation – will testify before two congressional committees this week....more

“Stick With Security” - Getting Up to Speed With the FTC’s New Initiative

by Snell & Wilmer on

Companies that have experienced data breaches or security hacks have subsequently found themselves the subject of enforcement actions by the Federal Trade Commission (“FTC”) for violating the FTC Act, due to inadequate...more

The Data Report Episode 15: Setting the Narrative

by Bilzin Sumberg on

Module Four: When It All Goes Wrong (Part IV) In this episode of The Data Report, Litigation attorney Jay Ward highlights the importance of setting a strong narrative in the wake of a data breach. Demonstrating internally...more

The Data Report Episode 14: Zero Day

by Bilzin Sumberg on

Module Four: When It All Goes Wrong (Part III) Once a data breach is discovered there is a limited amount of time to begin assessing, addressing, and eliminating the problem. In this episode of The Data Report, Litigation...more

Cyber Winter is Here, and Coming to Regulation: The New York Rules and the Future of Cybersecurity Regulation

The State of New York’s response to two large cybersecurity breaches may fuel the transformation of the state regulation of corporate cybersecurity in the U.S. Unlike typical state data breach statutes which focus on...more

Common Cybersecurity Mistakes

by Nexsen Pruet, PLLC on

Data breaches result in massive economic and legal consequences for organizations. Ginni Rometty, IBM Corp.’s Chairman, President, and CEO stated last year...more

Is Overconfidence Hurting Your Breach Prevention Efforts?

by Fox Rothschild LLP on

A new study notes that despite record spending on cybersecurity, overconfidence may be hurting companies’ ability to protect against data breaches. Tech publication Information Week reports that the survey of IT...more

To No One’s Surprise, Worldwide Spending on Cybersecurity is Up: Cybersecurity Trends

by CloudNine on

Can you guess what the global spend on cybersecurity will be this year? Gartner recently provided a forecast, see how close you can come to guessing the amount...more

EU General Data Protection Regulation

by Locke Lord LLP on

The EU’s General Data Protection Regulation (679/2016/EU), the GDPR, comes into force across the EU on 25 May 2018. As it is being made by Regulation the GDPR, unlike the existing Data Protection Directive (implemented into...more

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Cybersecurity

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