News & Analysis as of

Liability Data Breach

A&O Shearman

Chief Information Security Officers and cyber whistleblowing: considerations for PE firms

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Managing these risks at a single company should be straightforward.  Executives and CISOs may be personally held accountable for cyber failings, negligence, breaches, and inadequate disclosure around cyber vulnerabilities and...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Emerging Theories of Liability in the Internet of Things Era

The Internet of Things (“IoT”) has ushered in a new era of connectivity and convenience, but with it comes a host of legal issues and emerging theories of liability. As IoT devices become increasingly ubiquitous in our daily...more

Mayer Brown

EU Cyber Legislation Puts Emphasis on Board Responsibility

Mayer Brown on

What is a Management Body? Under both DORA and NIS2, a management body can be a body with managerial and/or supervisory functions. The powers and structure of management bodies vary within the EU Member State, and managerial...more

Robinson+Cole Data Privacy + Security Insider

The Risks of Excessive Data Retention and Tips for Information Security

In today’s digital age, our every action generates a trail of data. From online searches to credit card details, this data is collected by companies to enhance their services. However, the question arises – how long should...more

BakerHostetler

DSIR Deeper Dive: Data Processing Addendums: Indemnities, Limitations of Liability and the Cost of a Data Breach

BakerHostetler on

When negotiating technology or data services contracts, businesses of all sizes and industries are now spending more time and attention on privacy controls. The increasing prevalence of comprehensive U.S. state privacy laws...more

Dunlap Bennett & Ludwig PLLC

Risky Business And Cyber Attacks… Simple Steps To Limit Liability Of Cybersecurity Service Providers

The consequences of a cyber attack can be significant and wide-ranging for both an individual and a business – no matter how big or small. Cyber attacks can result in serious data breaches that lead to the theft or exposure...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity - June 2023

In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on cyber insurance trends; and...more

Paul Hastings LLP

Delaware Supreme Court Sides with SolarWinds in Shareholder Suit Related to 2020 Cyber Attack

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On May 17, 2023, the Delaware Supreme Court upheld a September 2022 decision dismissing a shareholder suit against SolarWinds Corporation. In 2021, shareholders sued SolarWinds (“the Company”) for a 2020 cybersecurity...more

Snell & Wilmer

Federal Trade Commission Finalizes Order Holding Drizly, LLC and Its CEO Accountable for Data Security Failures

Snell & Wilmer on

On January 9, 2023, the Federal Trade Commission (“FTC”) finalized an order with Drizly, LLC, an online marketplace for alcohol delivery services, and its Chief Executive Officer (“CEO”), James Cory Rellas over alleged...more

Stikeman Elliott LLP

Intrusion Upon Seclusion Claims In Privacy Breach Class Actions? Court of Appeal Trilogy Offers Guidance

Stikeman Elliott LLP on

In a trilogy of rulings released on November 25, 2022, the Ontario Court of Appeal (“Court”) has ruled that the tort of intrusion upon seclusion cannot extend to companies that collect and store personal information and fall...more

Stikeman Elliott LLP

Ontario Court of Appeal Removes Confusion: Negligent Security not an “Intrusion Upon Seclusion”

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The Ontario Court of Appeal recently ruled that an organization that fails to take adequate steps to safeguard personal information in its possession cannot be held liable under the tort of intrusion upon seclusion when that...more

Polsinelli

FTC Announces Decision “with a 100% chance of far-reaching” Impact for Data Breaches

Polsinelli on

On Monday the Federal Trade Commission issued a press release stating it is settling a case against Drizly and its CEO for a data breach that exposed the information of 2.5 million consumers in July 2020. The proposed...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

What Constitutes a Misleading Statement in a Company’s Response to a Data Breach?

Takeaway: To ensure investor safety and emphasize a commitment to user privacy, corporate executives and similarly-situated high ranking officers must not provide any statements or omissions that affirmatively create a...more

Wyrick Robbins Yates & Ponton LLP

Buyers Beware: the FTC’s Case Against CafePress Highlights Privacy and Data Security Risks in Corporate Transactions

Last week the Federal Trade Commission announced a privacy and data security enforcement action against the online retail platform CafePress. The allegations in the FTC’s complaint read like a list of worst practices,...more

Wiley Rein LLP

4 Important Class Cert. Issues From 2 Data Breach Cases

Wiley Rein LLP on

Data breach lawsuits are challenging cases for plaintiffs. Assuming they are able to survive a motion to dismiss on grounds of Article III standing in the first instance, plaintiffs next bear the high burden of achieving...more

Lowndes

Data Breach! Miranda Himself May Be Dead, But the Wisdom of the Case that Bears His Name Lives On

Lowndes on

Let us assume a company has done all the right things. Preemptive security was a concern, so the company tightened up its written cybersecurity controls and associated technical controls, including policies and...more

Clark Hill PLC

Eight Data-Related Provisions That Might be Missing from Your Professional Services Agreement

Clark Hill PLC on

Modern business requires the engagement of professional services providers, such as IT services, marketing, software, data hosting, or other needed services. Far too often, though, the agreements governing these relationships...more

Jackson Lewis P.C.

CCPA 2.0 – More Privacy Legislation In The Golden State?

Jackson Lewis P.C. on

Most companies continue to grapple with compliance with the California Consumer Privacy Act (“CCPA”), which went into effect in January. Companies have overhauled their privacy programs and policies and designed new systems...more

McAfee & Taft

New year to ring in nation’s most comprehensive privacy law

McAfee & Taft on

In a June tIPsheet article titled “Privacy Gone Public: How growing push for privacy laws may affect U.S. Businesses,” we gave an update on the California Consumer Privacy Act (CCPA) and some pending amendments that could...more

Ervin Cohen & Jessup LLP

Business Guide to the California Consumer Privacy Act of 2018: Five Steps in Preparation for Compliance

In June 2018, California enacted one of the most comprehensive privacy laws in the country, the California Consumer Privacy Act of 2018 (the “CCPA”). Although the CCPA will not go into effect until January 1, 2020, businesses...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - June 2019

In this month's edition of our Privacy & Cybersecurity Update, we reflect on the GDPR's one-year anniversary while also examining the EU's new Cybersecurity Act. We also take a look at HHS' new guidance on direct liability of...more

White & Case LLP

Chapter 10: Obligations of controllers – Unlocking the EU General Data Protection Regulation

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Why does this topic matter to organisations? Each time an organisation processes personal data, it will do so as either a controller or a processor. These roles bear different responsibilities. Therefore, it is critically...more

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