News & Analysis as of

Data Security Data Breach

11th Circuit Hears Oral Argument in LabMD Case

Recently, the United States Court of Appeals for the Eleventh Circuit, sitting in Miami, heard oral argument in the case of LabMD, Inc. v. Federal Trade Commission, No. 16-16270. ...more

2017 Security Breaches: Frequency and Severity on the Rise

by Revision Legal on

We are only six months into 2017, and we can already tell that it is going to be a bumper year with regard to instances of data security breaches. Looking back at the hacking statistics from 2015 and 2016, we should not be...more

Strengthening Data Security Through Human Resources And Information Technology Teamwork

by Jackson Lewis P.C. on

Human Resources (“HR”) and information technology (“IT”) departments play unique and important roles within an organization. With instances of data breaches on the rise, however, companies should be mindful of the importance...more

A question of harm: LabMD to face off with FTC at 11th Circuit

In a consequential test of the Federal Trade Commission’s authority as a data security regulator, the U.S. Court of Appeals for the Eleventh Circuit will hear argument tomorrow in a case that will determine whether the agency...more

My Entity Just Experienced a Cyber-Attack! What Do We Do Now?

by Balch & Bingham LLP on

On June 9, 2017, the U.S. Department of Health and Human Services (HHS), Office of Civil Rights (OCR) released a cyber-attack “Quick Response” checklist (the Checklist) for the benefit of HIPAA covered entities and business...more

OCR Publishes Checklist and Infographic for Cyber Attack Response

OCR released a simple checklist and infographic last week to assist Covered Entities and Business Associates with responding to potential cyber attacks. As cybersecurity remains a pressing concern for health care entities,...more

Yet another Target settlement highlights data breach costs

by Thompson Coburn LLP on

In what appears to be the closing act of the saga that is the Target data breach, on May 23 the retailer announced it had reached a settlement agreement with a coalition of 47 states’ attorneys general. Pursuant to the...more

Home Depot Settles Data Breach Suit for $25M

As a result of a $25 million settlement reached with the remaining banks and credit unions, the litigation against Home Depot stemming from its 2014 data breach will finally end....more

(Un)Protected Health Information Held for Ransom

by Snell & Wilmer on

Recent experiences of major health care companies offer a reminder of the importance of data security and following a well-written policy for compliance with the HIPAA Privacy Rule....more

Global Privacy & Cybersecurity Update Vol. 14

by Jones Day on

New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

Privacy & Cybersecurity Update - May 2017

In this edition of our Privacy and Cybersecurity Update, we take a look at the Trump administration's executive order outlining its cybersecurity plans, Acting FTC Chairwoman Maureen Ohlhausen's comments on the possible...more

Deeper Dive: Vendor Management Crucial for Data Protection

by BakerHostetler on

In our 2017 Data Security Incident Response Report, we found that of the 450+ incidents we worked on last year, network attacks that succeeded due to vendor wrongdoing were significantly more common (15 percent) than those...more

China Cybersecurity Law: Seven Key Points to Ensure You are Compliance Ready for its Launch on 1 June 2017

by Dechert LLP on

China’s Cybersecurity Law comes into force on 1 June 2017. It is a significant piece of legislation impacting all companies operating a network in China. It covers a wide range of activities relating to the cyberspace,...more

Target and States Resolve 2013 Data Breach Investigation with $18.5M Settlement

by Balch & Bingham LLP on

Target Corporation has reached an $18.5 million settlement with 47 states and the District of Columbia to resolve the investigation into the retailer’s 2013 data breach, officials announced on May 23, 2017. The 2013 data...more

Colorado’s Proposed Cybersecurity Rules for Investment Advisers and Broker-Dealers

by Snell & Wilmer on

Colorado has new proposed rules that add cybersecurity requirements for certain entities with Colorado securities licenses. The proposed rules are from the regulatory agency the Division of Securities. It licenses securities...more

Latest Target Data Breach Settlement Reminds Companies Of The Importance Of Data Security: Do It Right Or Subject Yourself To...

Pursuant to a settlement agreement with the Attorneys General of nearly all 50 states1, Target Corporation will pay $18.5 million to settle claims brought by the state Attorneys General arising from the November 2013 data...more

Target Reaches $18.5 Million Dollar Settlement in Data Breach with States

It seems as though we have been writing about this case for a lifetime. Target Corporation’s data breach saga came one step closer to a conclusion this week. On Tuesday, Target reached an $18.5 million settlement with 47...more

The State AG Report Weekly Update

by Cozen O'Connor on

2018 Election Update- Michael Dougherty Announces Bid for Colorado Attorney General- Michael Dougherty formally announced his candidacy to become Colorado AG. Dougherty is the third Democrat to formally enter the...more

Federal Court Stands By Earlier Decision Holding Financial Institutions To Higher Standard Than Customers When Pursuing Data...

by King & Spalding on

On May 1, 2017, an Illinois federal district judge dismissed data breach-related claims brought by financial institutions against a grocer. The court distinguished the case from similar lawsuits aimed at Home Depot and...more

“If at First You Don’t Succeed…” - Shareholders Keep Trying to Sue D&Os for Data Security Breaches

by Locke Lord LLP on

Several high-profile lawsuits have been filed in recent years by shareholders seeking to hold corporate officers and directors liable for damage resulting from data security breaches. For example, directors and officers at...more

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

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Cybersecurity

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