News & Analysis as of

Data Security Data Breach

Settlement in Home Depot Class Action Provides Data Security Corporate Governance Framework for Companies

by Nossaman LLP on

The latest settlement in Home Depot’s data breach litigation provides a data security framework for corporate governance that may be used by other companies as a template. Based on claims arising from a massive data breach...more

New Mexico Enacts Data Breach Notification Law

by King & Spalding on

On April 6, 2017, New Mexico became the 48th state to enact a data breach notification law; the Data Breach Notification Act (the “Act”) will go into effect on June 16, 2017. The good news for many in the health care...more

New ABA Opinion – Attorneys Must Take Reasonable Cybersecurity Measures To Protect Client Data

by Dentons on

On May 11, 2017, the American Bar Association (ABA) issued Formal Opinion 477, making clear that a lawyer may transmit information relating to the representation of a client over the Internet without violating the Model Rules...more

Lessons from OCR HIPAA Settlements - Mobile Device Security Standards

by Ruder Ware on

In the first known case involving a wireless provider, a cardiology service provider agreed to pay a $2.5 million settlement based on the impermissible disclosure of unsecured electronic protected health information (ePHI)....more

New Mexico Enacts Data Breach Notification Law

Governor Susana Martinez recently signed into law the New Mexico “Data Breach Notification Act” (the Act), making New Mexico the 48th state (plus Puerto Rico and the District of Columbia) to adopt legislation mandating the...more

New Mexico Enacts Data Breach Notification Law

by McGuireWoods LLP on

On April 6, 2017, New Mexico enacted a data breach notification law. The “Data Breach Notification Act” (H.B. 15) will take effect on June 16, 2017. The recent passage of this statute leaves Alabama and South Dakota as the...more

It Lurks in the Last Place You Look – Preventing (or at Least Mitigating) Employee Data Leakage

by BakerHostetler on

Outside hacking attacks grab headlines. Data breach concerns cause sleepless nights within the C-suite of many organizations. And ransomware strikes fear into companies without sound backup practices and true Information...more

Is There Fire Where There’s Smoke? The FTC Says Yes

In January of this year, the Federal Trade Commission (FTC) brought suit against Taiwan-based D-Link Corp. and its U.S. subsidiary, D-Link Systems Inc, in Los Angeles Federal Court, for failing to properly secure its consumer...more

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

by Dentons on

On April 6, 2017, New Mexico became the 48th state to enact a data breach notification law, leaving Alabama and South Dakota as the only two states without such a law. The New Mexico law goes into effect June 16, 2017....more

Tennessee Adds New Encryption And Timing Requirements To Its Data Breach Notification Law

by Dentons on

On April 4, 2017, Tennessee Governor Bill Haslam signed into law an amendment to the state’s data breach notification law, making two substantive changes to the statute...more

Deeper Dive: Be Prepared for Regulatory Investigations in the Wake of a Security Incident

by BakerHostetler on

Your company had a data security event. After an investigation, it was determined that notifications were required, and the incident was made public as a result. Notification letters were mailed and regulators were notified,...more

Tennessee Adds Technical Requirements To Its Data Breach Notification Laws

by Dickinson Wright on

Are you doing business in Tennessee? Do you have computerized personal information about anyone in Tennessee (including employees, clients, or customers)? Are you encrypting that data in accordance with the current version of...more

New Mexico Becomes 48th State to Enact Data Breach Statute

by Moore & Van Allen PLLC on

Recently the state of New Mexico enacted the Data Breach Notification Act, making it the 48th state in the United States to enact a statute requiring notice to individuals impacted by a data breach. In doing so, New Mexico...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

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

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

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

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

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

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

N.Y.’s New Cybersecurity Regulations: What Financial Services Companies Need to Know

With corporate data security breaches on the rise, the New York State Department of Financial Services (NYDFS) has adopted rules requiring financial institutions to take certain measures to safeguard their data and inform...more

And Then There Were 48 (States): New Mexico Enacts a Security Breach Notification Statute

by Davis Wright Tremaine LLP on

On April 6, 2017, New Mexico joined 47 states, D.C., Guam, Puerto Rico, and the U.S. Virgin Islands when Governor Susana Martinez signed House Bill 15, codifying the Data Breach Notification Act. With New Mexico becoming the...more

Virginia, Tennessee and New Mexico Are the Latest States to Amend Breach Notification Laws

by BakerHostetler on

Breach notification statutes remain one of the most active areas of the law. Seldom does a month go by without a new bill or amendment addressing privacy or data security, and this month is no exception. The state of...more

Recent HIPAA Privacy and Security Settlements and Lessons Learned

by Perkins Coie on

Although the fate of the Affordable Care Act remains undecided, enforcement of the HIPAA privacy and security regulations by the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services is ongoing,...more

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Cybersecurity

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