News & Analysis as of

Identity Theft Personally Identifiable Information

VTech Escapes Class Action Case Over Breach of 11 Million Toy Users’ Information

In November 2015, VTech Electonics North America LLC (VTech) announced that an unauthorized party infiltrated its network and gained access to the personal information of 5 million adults and 6.5 million children through its...more

Deeper Dive: Clapper Divide Expands In Data Breach Cases

by BakerHostetler on

As reported in our 2017 Data Security Incident Response Report, plaintiffs allege potential future harm as a basis for injury in 80 percent of data breach lawsuits. But are allegations of future harm sufficient to meet...more

Litigation Alert: Second Circuit Limits Standing to Bring Data Breach Class Actions

by Fenwick & West LLP on

This week, the U.S. Court of Appeals for the Second Circuit issued an important decision in Whalen v. Michaels Stores, placing the court at the center of the controversy around what allegations are sufficient to establish...more

Dismissal in Michael Stores Data Breach Case

In the latest decision on Article III standing in a data breach case, the U.S. Court of Appeals for the Second Circuit ruled that a credit card holder – who neither pleaded specific facts about the time or effort spent...more

FTC releases final agenda for May 24 identity theft conference

by Ballard Spahr LLP on

On May 24, 2017, the FTC will hold a daylong conference on identity theft in Washington, D.C. The conference, “Planning for the Future,” will include panel discussions about how identity thieves acquire and use consumer...more

IRS to Notify 100,000 Taxpayers That Their Information May Have Been Obtained Through Misuse of FAFSA Retrieval Tool

On Thursday, Internal Revenue Service (“IRS”) Commissioner John Koskinen testified that the personal data of up to a 100,000 taxpayers could have been compromised as a result of criminal use of the Free Application for...more

How Policies Can Defeat a Breach of Contract Claim

Here is an interesting scenario for employers to consider. A company discovers that an employee working in information technology has taken de-commissioned company computers for himself and even given some away. After...more

IRS is Hacked, Again!

The New York Times reported yesterday that identity thieves may have compromised up to 100,000 U.S. taxpayer accounts. The criminals apparently took advantage of a software tool that loaded information from tax returns onto...more

FAFSA Data Retrieval Tool Remains Down Over Security Concerns

Last week, the Internal Revenue Service (IRS) and Federal Student Aid (FSA) announced that the Data Retrieval Tool (DRT) on fafsa.gov and StudentLoans.gov will be unavailable until extra security protections could be added....more

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

by McDermott Will & Emery on

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

by Littler on

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

by Fenwick & West LLP on

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?

by Fraser Trebilcock on

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

by Bryan Cave on

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

by Ballard Spahr LLP on

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

by Ballard Spahr LLP on

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

by Zelle LLP on

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

by Ballard Spahr LLP on

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

by King & Spalding on

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

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