Identity Theft Personally Identifiable Information

News & Analysis as of

Veteran Class-Action Suits Following Data Breaches Dismissed for Lack of Standing

In a decision consolidating two cases involving two veterans and two separate incidences of data breaches at the Veterans Affairs Medical Center (VAMC) in South Carolina, the US Court of Appeals for the Fourth Circuit...more

West Virginia University Medicine University Healthcare Patients Victims of Identity Theft

West Virginia University Medicine University Healthcare (WVUM) has confirmed that it is sending notification letters to over 7,400 of its patients seen at Berkeley Medical Center as a result of an unauthorized access to their...more

It's W-2 Phishing Season: How to Stop, and Respond to, Tax-Related Identity Fraud Aimed at Your Organization's Employees

HR and payroll professionals nationwide have been, and will continue to be, targeted with e-mails apparently sent by a senior executive but actually sent by scammers who ask for a prompt reply with the 2016 W-2s for all of...more

Litigation Alert: The Fourth Circuit Limits Standing to Bring Data Breach Cases

The U.S. Court of Appeals for the Fourth Circuit has made it more difficult to establish Article III standing in data breach cases both at the pleading stage and at summary judgment by requiring plaintiffs to allege and show...more

Want to Know Why Memorial Healthcare Systems Is Paying HHS OCR $5.5 Million?

On February 16, 2017, HHS OCR announced that Memorial Healthcare Systems (MHS) had paid the U.S. Department of Health and Human Services (HHS) $5.5 million to settle potential violations of HIPAA’s Privacy and Security Rules...more

Your IT Technician Has Just Informed You That Your Business Has Suffered a Data Security Breach. Now What Should You Do?

Data breach incidents continue to make headlines. The Yahoo data security breach—affecting more than one billion accounts—announced late last year is a recent example. Data security breaches affect companies of all sizes, and...more

Tax Filing Fraud

Tax returns and W-2s are information rich documents that contain the name and Social Security Number of an employee, as well as information concerning their salary and address, and personal behavior and characteristics (e.g.,...more

Eighth Circuit Remands Proposed Settlement in Target Data Breach Class Action

The Eighth Circuit Court of Appeals has remanded a $10 million settlement in the Target data breach class action on the grounds that the district court had not rigorously analyzed the propriety of the class...more

IRS and Others Renew Warnings About Fraudulent Emails Targeting Employee Tax Information

With tax season in full swing, the Internal Revenue Service (IRS), state tax agencies, and tax industry groups recently renewed a warning about Form W-2 email spear-phishing scams. ...more

Employment Law Navigator – Week in Review: January 2017 #3

Last week, there were developments in two cases in different Pennsylvania courts involving employer liability—or lack thereof—for data breaches involving employee personally identifiable information (PII). A Pennsylvania...more

Employee’s Wife Pleads Guilty to Charges After He Stole Patient Information

The Manhattan District Attorney announced this week that a former employee of Lenox Hill Hospital’s wife plead guilty to grand larceny, identity theft in the first degree, and criminal possession of stolen property after her...more

Galaria v. Nationwide: Data Breach Plaintiffs Standing Strong in the Sixth

This week, in the first post-Spokeo circuit court decision to address standing in a data-breach class action, the Sixth Circuit joined the Seventh Circuit in holding that plaintiffs whose sensitive personal information has...more

Privacy Tip #51 – Check Up on Your Tax Preparer’s Data Security Measures

We have written before about the ability of hackers to file false tax returns to get fraudulent refunds by using the IRS website, and how hundreds of thousands of Americans have become victims of tax fraud. The IRS...more

Plaintiffs Cannot Bring Data Breach Lawsuits Without Evidence That Information Will Be Used To Harm

The latest development in how American courts will handle the standing question for data breach class actions came last week when the U.S. District Court for the District of Columbia dismissed for lack of standing a putative...more

Recent Amendments To State Security Breach Notification Laws

Security breach notification obligations vary by state, including how a security breach is defined, the method for providing notice of the breach, and any requirements to notify state regulators. The following summarizes...more

Cybersecurity News & Notes – July 2016 #3

In Case You Missed It: Court certifies class in suit against Apple. On July 15, 2016, U.S. District Judge Jon S. Tigar certified a class of users of the mobile app Path, who allege that Apple facilitated the app’s access...more

I-9:  Ways to Avoid Identity Theft

Employers are increasingly being contacted by individuals, their insurance and payroll providers, the IRS and/or police about employees who are possibly involved in identity theft. If an employee steals a name and matching...more

Omni Hotels latest hotel chain hit with malware

Omni Hotels notified guests on Friday, July 8, 2016, that its point of sale systems were compromised with malware from December 23, 2015, through June 15, 2016....more

Another One Bites the Dust: Maryland Federal District Court Dismisses Putative Data Breach Class Action for Lack of Standing

The United States District Court of Maryland recently dismissed a putative class action alleging that CareFirst’s failure to adequately secure the computer hardware storing their customers’ personal information led to two...more

7th Circuit Revives P.F. Chang’s Data Breach Class Action Suit

Last week, the Seventh Circuit revived a data breach class action against P.F. Chang’s restaurant in an important opinion that continues a plaintiff-friendly trend that began with the court’s opinion in the Neiman Marcus case...more

Sony settles employees’ class action suit for up to $8M

The Sony data breach in 2014 was one of the most significant breaches experienced and was a first on many fronts. It was alleged to have been caused by North Korean hackers (calling themselves Guardians of Peace) seeking to...more

Privacy Tip #28 – What do you do if you are a victim of IRS tax fraud?

It’s tax season. The dreaded April 15 federal tax filing deadline is looming. You try to be diligent, and you file your tax return early, hoping to get an early refund. But when you try to e-file your return, it gets rejected...more

Keeping your Tax Forms out of the Phishing Net

It's tax filing season, but did you know that it is also phishing season? Tax phishing scams abound at this time of year, and each year they grow more sophisticated. Historically, these scams were aimed at individuals, but...more

How Employers Can Help Prevent W-2's From Being Breached and Their Employees From Becoming Victims of ID Theft

The Internal Revenue Service issued an alert about an emerging phishing email scheme that purports to be from company executives and requests personal information on employees. The IRS has learned this scheme – part of...more

Privacy Tip #27 – Complying with the new Rhode Island data security law

As we mentioned before, Rhode Island amended its Identity Theft Protection Act on June 30, 2015, which will become effective on June 26, 2016. Now is the time to think about and put processes in place for compliance with the...more

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Cybersecurity

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