News & Analysis as of

On the 11th Day of Privacy, class counsel served on me……

. . . a data breach class action. Hackers and plaintiffs’ lawyers could combine to make 2014 the year when class actions concerning theft of sensitive information proliferate. On this 11th Day of Privacy, we look...more

The Challenges of Compliance

Compliance, like many other aspects of the business world, is a balance of risks. Unfortunately, it often takes an organization being rebuked in some fashion before it realizes the importance of failure to be in compliance. ...more

Little Harm, Big Damages: AvMed Settlement Could Change the Landscape for Privacy Breach Class Actions

On October 21, Florida-based health insurer AvMed, Inc. (AvMed) settled a data breach class action lawsuit for $3 million, even though no plaintiffs in the class demonstrated that they had suffered identity theft or any other...more

California Data Breach Notification Laws Expand to Include Login Information

On Friday, September 27, California governor Jerry Brown signed a bill, S.B. 46, which increases the online protection of potential identity theft for Californians by requiring companies to give notice when a California...more

Encryption is Key to Limiting Company Exposure for Data Security Breaches

Companies doing business in California may find themselves targeted for investigation if they fail to encrypt personal information, according to a recent report issued by the California Attorney General’s office. ...more

The Data Breach Lawsuit Powder Keg

Most data breaches occur because companies fail to implement adequate safeguards to protect personal identifiable information, and data breaches are growing in scope and sophistication. A study by NetDiligence concluded that...more

Maryland Cybersecurity-Related Legislative Developments

The Maryland State Senate is considering several cybersecurity-related bills to advance the state’s efforts to be the epicenter for cybersecurity. Maryland has already enacted several measures to foster cybersecurity...more

Blood Bank Data Breach Class Action Settlement Preliminarily Approved by California District Court Judge

In Johansson-Dohrmann v. CBR Systems, Inc. et al, No. 3:12-cv-01115 (S.D. Cal., filed May 7, 2012), the latest data privacy class action to reach settlement, Judge Michael M. Anello on February 5, 2013 granted preliminary...more

Lame Duck Congress Acts on Privacy Bills, Mostly With an Eye Toward 2013

While continuing congressional inaction on the fiscal cliff is getting most of the ink/pixels in news headlines over the last couple weeks, several privacy bills have advanced in the House and Senate....more

CMS's Privacy Problem: Data Breaches, Medicare Numbers, and Inaction

The Department of Health and Human Services Office of Inspector General (“OIG”) recently published a report, CMS Response to Breaches and Medical Identity Theft (“Report”), which referenced 14 breaches of medical information...more

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