News & Analysis as of

Health Insurance Portability and Accountability Act (HIPAA) Article III

Freiberger Haber LLP

Case of First Impression in the Appellate Division: Data Breach By Itself is Not An “Injury-in-Fact”

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The law can be funny. Not in a comedic way, but in a way that defies expectations about what is needed to bring a cause of action. Sometimes this is manifested in the quantum of evidence needed to bring an action and survive...more

Jones Day

Jones Day Global Privacy & Cybersecurity Update | Vol. 28

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UNITED STATES - Regulatory—Policy, Best Practices, and Standards - President Biden Issues Cybersecurity Executive Order  - On May 12, 2021, President Biden issued an executive order that placed new standards on the...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - February 2021 #3

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CYBERSECURITY - Health and Personal Information of N.C. Residents Posted Online by Ransomware Group - Becker’s Health IT reports that two batches of sensitive information of Chatham County, N.C. residents have been posted...more

Shook, Hardy & Bacon L.L.P.

Privacy and Data Security Alert | December 2019

SDNY Rejects Standing under “Increased Risk” Theory Where Data Not Targeted or Stolen - The Southern District of New York rejected a settlement that would have resolved a class action based on the unauthorized (and...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - December 2018 #3

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For data security buffs like me, the recent McAfee® Labs Threats Report, December 2018 is, or should be, a top pick on the list. Well, maybe not for the holiday reading list. We need to be careful not to bring up the results...more

Robinson+Cole Data Privacy + Security Insider

No Breach, No Standing

A federal judge recently held that mere allegations that a healthcare provider’s patient information portal failed to utilize sufficient security measures, without allegations of an actual breach, were insufficient to confer...more

Orrick, Herrington & Sutcliffe LLP

Will I Get Sued After a Data Breach? D.C. Circuit Broadens Scope of Data That Gives Rise to Identity Theft in CareFirst

In the latest sign that data breach class actions are here to stay—and, indeed, growing—the D.C. Circuit resuscitated claims against health insurer CareFirst BlueCross and Blue Shield, following a 2015 breach that compromised...more

Ballard Spahr LLP

Data Breach Class Action Reinstated Against Horizon Healthcare Services Inc.

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The U.S. Court of Appeals for the Third Circuit has vacated a district court's dismissal of a data breach class action filed against Horizon Healthcare Services Inc., in the wake of the 2013 theft of two computer laptops...more

Fenwick & West LLP

Fenwick Privacy Bulletin - Fall 2016

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Privacy Shield – An Early Reflection - EU law generally prohibits the transfer of personal data from the European Economic Area to the U.S., unless the transfer is made in accordance with an authorized data transfer...more

Perkins Coie

Commission Holds FTC Unfairness Claim Does Not Require “Probable” or Tangible Injury in LabMD Data Security Case

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The Federal Trade Commission unanimously (3-0) ruled on July 29, 2016 that LabMD’s data security practices were “unfair” under Section 5 of the FTC Act, reversing a decision of its Administrative Law Judge (ALJ). As we...more

Carlton Fields

Data Breach Class Actions: Don’t Overlook Standing Defense Just Because Plaintiff Alleges Identity Theft

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A New Jersey federal district court recently dismissed the putative class action claims of four plaintiffs against a health care defendant following the theft of two password-protected laptops allegedly containing personal...more

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