The IRS announced last week that the value of identity theft protection services are not taxable and do not have to be included in gross income calculations for tax purposes.
Identity theft continues to be the number one...more
Earlier this year, the IRS announced that identity thieves had been able to hack one of its computer databases and gain access to extremely sensitive data. Back then, the IRS indicated that about 225,000 households had been...more
We previously reported that Medical Informatics Engineering, Inc. was sued over a data breach that occurred in May and affected over 4 million individuals. Thereafter, Indiana AG Gregory Zoeller advised all Hoosiers to freeze...more
Everyone remembers the Target Corporation data breach, one of the worst in history. In late 2013, hackers forced their way into Target’s computer system, accessing the information of approximately 70 million customers,...more
Much has been said in the past couple weeks about the decision by Seventh Circuit Court of Appeals in the case of Remijas v. Neiman Marcus. Some have suggested that the ruling makes it easier to sue over data breaches, or...more
With health care breaches constantly on the rise, increasing access to electronic health records (EHRs) from mobile devices, and more prevalent “shadow” cloud use, health care organizations are getting a bit of help from the...more
Seventh Circuit Decision May Make It Easier for Class Action Plaintiffs to Establish Standing in Data Breach Cases -
The Seventh Circuit has issued a decision that could make it much easier for class action plaintiffs to...more
The Seventh Circuit reinstates the Neiman Marcus data breach class action lawsuit after finding that increased risk of future fraudulent charges and greater susceptibility to identify theft are sufficient for standing.
Retail Tracking Update: Privacy Guidance Following Nomi Technologies
- There is currently a widespread effort to quantify everything, from steps, to sleep, to batted ball exit velocity. Fifteen years ago, TV host Jeremy...more
In what is sure to be a widely cited data breach standing decision, the U.S. Court of Appeals for the Seventh Circuit found that increased risk of future harms from a data breach are sufficient to confer standing to sue upon...more
In an unusual turn for recent data breach class action cases, the Seventh Circuit this week found that a likely threat of identity theft is sufficient for a proposed class to have standing to sue Nieman Marcus for a...more
On July 6, 2015, China’s legislature, the National People’s Congress (NPC), circulated for comment two pieces of draft legislation with significant potential implications for data privacy and data security in China. Comments...more
With no Congressional consensus to adopt a federal data privacy and breach notification statute, states are updating and refining their already-existing laws to enact more stringent requirements for companies. Two states...more
Adding to the long list of cyber hacking victims, the UCLA Health System announced on Friday (July 17, 2015) that it confirmed on May 5, 2015 that a cyber-attacker had accessed parts of UCLA Health’s network back to September...more
WISP is the acronym for Written Information Security Policy. The information at issue is an individual’s personal information and identifiers, such as a Social Security number, driver’s license number, credit or debit card...more
There are only two types of companies left in the United States: those that have been hacked and those that will be hacked. In the last year alone, forty-three percent (43%) of U.S. companies experienced a data breach,...more
New law will require consumer breach notice within 90 days, identity theft protection for consumers,“kill switch” for smartphones, and implementation of data security programs for certain health providers, state agencies and...more
The heat of summer may be upon us, but in Congress and in many state legislatures the attitude toward passing major data breach legislation has considerably cooled.
We predicted some months ago that 2015 might be the...more
In recent headlines, the Office of Personnel Management (“OPM”) has begun notifying millions of federal employees that it may have lost their personal information earlier this month in a data breach.
The data breach...more
Connecticut’s legislature has passed a bill that imposes strict new timing requirements for entities conducting business in the state that experience a data breach, which Governor Malloy reportedly intends to sign into law. ...more
Washington and Oregon both recently updated laws that define data security and incident response requirements for breaches of consumers’ personal information. Details of these new requirements for each state are...more
On June 1, 2015, a U.S. District Court in Nevada dismissed a consolidated class action against Zappos stemming from a data breach in January 2012. The court held that the plaintiffs lacked standing given their failure to...more
BREAKING NEWS: Health insurer CareFirst BlueCross BlueShield disclosed today that hackers gained access to one of its databases, exposing personally identifiable information for approximately 1.1 million people....more
On May 4, 2015, the U.S. District Court for the Eastern District of Louisiana held that a putative class plaintiff lacked standing to pursue claims against eBay Inc. (“eBay”) arising out of a data breach that occurred in...more
On May 4, 2015, a US District Court judge in the Eastern District of Louisiana dismissed a class action lawsuit that sought damages from eBay based on the “threat of future harm” stemming from the online retailer’s 2014 data...more
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