News & Analysis as of

Identity Theft

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

Non-Signatories Succeed In Compelling Arbitration In State Courts

The high courts of two states have allowed non-signatories to compel arbitration in recent weeks. The cases show courts are addressing non-signatory issues using different standards and raise important drafting issues for...more

State AGs ask Experian to waive credit freeze fees

by Ballard Spahr LLP on

An Assistant Illinois Attorney General, in a letter sent to Experian’s CEO on behalf of the Illinois AG and the AGs of 35 other states and the District of Columbia, has asked Experian not to charge any credit freeze-related...more

Is Blockchain the Answer to Identity Management?

Considering the recent Equifax data breach which put an estimated 145.5 million American’s identity at risk, main stream media outlets are starting to ask an important question; if we can’t stop data breaches, how do we...more

Spokeo Speedwagon: Employers Forced To Take Privacy Breach Cases On The Run

by Fisher Phillips on

By now, most everyone has heard it from a friend who, heard it from a friend who, heard it from another about the U.S. Supreme Court’s 2016 decision in Spokeo, Inc. v. Robins. It is the case being cited across the country in...more

When Technology Becomes Weaponized and the Target is You

by Shipman & Goodwin LLP on

“Technology is a wonderful thing but it’s scary when it’s weaponized against you.” The first sign that my wife’s identity and my own were under attack came innocently enough....more

Equifax: Can It Get Any Worse? U.S. Breach Toll Tops 145 Million

It’s difficult to imagine things getting much worse for Equifax Inc. But late yesterday, Equifax disclosed that an additional 2.5 million Americans are potentially affected by the massive breach, bringing the company’s...more

The Continuing Saga Of Standing In Data Breach Class Actions: The 8th Circuit Weighs In

by Carlton Fields on

We previously reported on the developing circuit split over Article III standing in data breach class action cases. In August, the D.C. Circuit Court joined the Sixth, Seventh, and Ninth Circuits in finding that the...more

Retirement Plans at Risk for Identity Theft

by Winstead PC on

While many cyber threats have special names, e.g., ransomware, malware, cryptolocker, advanced persistent threats or GRIZZLY STEPPE (a malicious cyber attack that occurred late in 2016), your retirement plan’s data may be...more

Guarding Against Inadvertent Disclosures in E-Discovery

Have you watched the news lately? Somewhere in between the coverage of politics, global turmoil, more politics, sports, and the absurd number of commercial breaks, there seem to be weekly, albeit very brief, reminders that...more

Cattle Rustling, Blackmail, and Punitive Damages in Texas

by Strasburger & Price, LLP on

In a case that reads like an episode of “Dallas,” the Texas Supreme Court reiterated the rules for recovery of punitive damages. Bennett v. Grant, No. 15-0338 (April 28, 2017)....more

Five Lessons All Companies Can Learn From The Equifax Data Breach

The Equifax data breach has dominated news headlines for weeks, and Equifax will be dealing with the legal and financial fallout from the breach for many years. While many companies may be relieved not to be in Equifax's...more

Equifax Data Breach Highlights SEC Disclosure Obligations for Public Companies in the Wake of Cybersecurity Attacks

On September 7, 2017, Equifax, one of the country’s three primary credit reporting bureaus, announced it had suffered a major cybersecurity breach that could potentially affect half of the U.S. population. According to the...more

The Equifax Breach: How to Protect Your Company and Your Customers

by McGuireWoods LLP on

On September 7, Equifax, one of the three major credit reporting firms in the U.S., disclosed a data breach that potentially affects 143 million consumers. Equifax’s disclosure indicated that the breach, which Equifax claims...more

Equifax Breach: What Can the Hackers Do with Your Information and How Can You Protect Yourself?

by Bowditch & Dewey on

The Equifax breach is not the biggest in terms of the number of people affected (the 2016 Yahoo breach compromised data associated with over 500 million user accounts compared to the 143 million people affected by the Equifax...more

New York DFS Tightens Cybersecurity Gaps

by Carlton Fields on

Equifax takes no deposits and makes no loans, but New York now says that it, as well as all other consumer reporting agencies, must protect consumer data to the same degree as banks and other financial institutions. On...more

Protecting Your Identity After a Data Breach

by Jones Day on

In light of recent high-profile breaches of highly sensitive data, this is a good time to remind individuals of how to protect their identity and credit information....more

Privacy Tip #106 – Online Romance Scams

I haven’t been in the dating scene for decades but I know it sure has changed. Millions of people participate in online dating, and I even know several couples who have found their significant other using online dating...more

Equifax Week Two: Hack Headaches Continue

The barrage of bad news for Equifax Inc. keeps getting worse. Here’s a recap of yesterday’s events: ? Mass AG Files Lawsuit – In the first enforcement action filed against Equifax Inc., the Massachusetts Attorney General...more

Equifax Data Suppliers Urged by DFS to Give Hack “Highest Degree of Attention”

Yesterday, New York’s top financial regulator asked state-chartered banks and insurers to take immediate precautions to protect consumers and the financial markets “in light of the cybersecurity attack” at Equifax Inc....more

After Equifax: What Should the Public Do?

As we have discussed in previous posts, Equifax Inc. suffered a cybersecurity breach potentially affecting 143 million individuals in the United States. Although Equifax’s investigation is ongoing, the data at risk includes...more

The Equifax Breach: Protecting Yourself Against Threats to Your Finances and Identity

On September 7, U.S. credit reporting agency Equifax reported that it had been hacked and more than 140 million people might have had their information stolen. The breach could have global implications: Equifax has stated...more

Equifax Breach Affects 143M: If GDPR Were in Effect, What Would Be the Impact?

by Foley & Lardner LLP on

The security breach announced by Equifax Inc. on September 7, 2017, grabbed headlines around the world as Equifax revealed that personal data of roughly 143 million consumers in the United States and certain UK and Canadian...more

Hurricane Hardship and Loan Relief Also Extended to Hurricane Irma, Pension Relief and a Cybersecurity Update

by Winstead PC on

The Internal Revenue Service (the “Service”) issued and announcement providing relief from verification of the qualification of an individual’s request for a hardship withdrawal or a loan in order for a person to obtain the...more

2017 Data Breach Litigation Report

by Bryan Cave on

2016 was another year in which data breaches continued to dominate the headlines, a constant reminder to people that their personal information was vulnerable and the target of criminal attacks. Yet, despite the fact that...more

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Cybersecurity

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