Personally Identifiable Information

News & Analysis as of

Consumers Permitted To Proceed With Data Breach Class Action Against Target

On December 18, 2014, the U.S. District Court for the District of Minnesota ruled, in a 46-page opinion, that a putative class of consumers could proceed with a majority of their claims against Target arising from the data...more

Illinois Federal Court Dismisses Customer Data Breach Class Actions Against P.F. Chang’s

On December 10, 2014, a United States District Court in the Northern District of Illinois dismissed the class action complaints filed by two customers of P.F. Chang’s China Bistro who alleged damages resulting from a data...more

On the Twelfth Day of Privacy, My True Love Gave to Me …. 12 Different Types of Wearables!

And what will that new gadget be spilling about you?? There is no doubt that wearable devices are among the hottest gifts of the season! From fitness bands and smart watches to wearable cameras and the Google Glass,...more

Court Allows Consumers To Proceed With Data Breach Class Action Against Target

On December 18, 2014, the U.S. District Court for the District of Minnesota ruled, in a 46-page opinion, that a putative class of consumers could proceed with a majority of their claims against Target arising from the data...more

Social media sweepstakes: 10 things you should know

“How did we have sweepstakes before Facebook?” That question, which I heard during a call last week, summarizes the tremendous impact that social media has had on the use of sweepstakes and contests. These promotions are more...more

The Neiman Marcus Group LLC Urges Seventh Circuit To Deny Appeal

Neiman Marcus Group LLC (“Neiman Marcus”) filed its response to plaintiffs’ appeal of the Illinois federal district court’s decision dismissing plaintiffs’ purported class action claims. Plaintiffs alleged that Neiman Marcus...more

What Do Employers Need to Know in the Wake of the Latest Data Breach?

Sony Pictures Entertainment, Inc. is the latest high-profile business victim of data theft. The consequences have been significant. In response to threats of violence, Sony has reconsidered its range of options for the...more

Did You Know…Sony Faces Class Action Lawsuit by Former Employees Over Data Breach

It’s happened. The first class action lawsuit has been filed against Sony for failing to prevent hackers from stealing its current and former employees’ social security numbers, medical records, and salary...more

Advertising Law - December 2014 #3

FCC Proposes Online Disclosures for Broadcast Contests - The Federal Communications Commission has proposed a rule change that would allow broadcast stations to disclose on the Internet the material terms for contests...more

Did Sony Let the Terrorists Win?

Unless you’ve been living under a rock recently, you’ve probably heard about the hoopla caused by the new Seth Rogen and James Franco movie called the interview. The movie follows a plot to assassinate North Korean dictator...more

Let the Games Begin: First Sony Class Action Lawsuit Filed Over Data Breach

It’s happened. The first class action lawsuit has been filed against Sony for failing to prevent hackers from stealing its current and former employees’ social security numbers, medical records, and salary information....more

Massachusetts Fines Bank for Data Breach

On December 8, a large bank settled with the state of Massachusetts for $825,000 over a data breach that exposed the personal information of at least 260,000 customers. In March 2012, the bank allegedly lost unencrypted...more

On the Fifth Day of Privacy, California (and Delaware) gave to me

sing it with me now…. Five Golden Rules…….(well, five new privacy laws/requirements) There are five significant new privacy laws/amendments that will be effective as of New Year’s Day — January 1, 2015 — and...more

Class Certification Trends in Consumer Data Breach Litigation—Individualized Damages Theories May Preclude Certification

In the last two years, there has been a proliferation of class action lawsuits filed in response to high-profile data breaches compromising the personally identifiable information of customers of various companies. Major...more

Don’t Be the Next Data Breach Target

As the much-publicized data breaches of the last year reveal, third parties are often the gateway to an organization’s data. As repositories of vast amounts of confidential client data in e-discovery, such as personally...more

In the Cybersecurity Hot Seat: How Law Firms are Optimizing Security While Reducing Cost and Risk

Your Highest Priority is also Your Greatest Challenge - Data breaches are not just dramatic headlines in the Wall Street Journal and New York Times—they are events that increasingly are affecting companies and...more

Top 12 Ways Retailers Can Address Privacy Issues This Holiday Season

In this installment of “Perkins Coie Wrapping Papers,” we take inspiration from “The Twelve Days of Christmas” to provide an overview of the top twelve privacy and data security issues retailers should consider as the year...more

U.S. District Court in Minnesota Denies Target’s Motion to Dismiss Data Breach Lawsuit

On December 2, 2014, the U.S. District Court for the District of Minnesota denied Target’s motion to dismiss the claims of a group of five payment-card-issuing banks, credit unions, and savings associations (the “Banks”) that...more

California Amends Law to Expand Businesses’ Obligations in the Wake of a Data Breach

Entities that own, license or maintain personally identifiable information on California residents beware – on January 1, 2015, an amendment to California’s privacy and breach law goes into effect that may have a significant...more

For companies, perils abound when soliciting information at point of sale

Of all of the numbers that are part of your daily personal life, which are important enough to keep private? Your Social Security number? Definitely. Your date of birth? Maybe — depending on how cautious (and how old)...more

Inspector General’s Report Criticizes the Department of Homeland Security for Inadequate Privacy Policies and Controls

On November 14, 2014, the Office of Inspector General (OIG) for the Department of Homeland Security (DHS) issued a report critical of the agency’s performance in protecting personally identifiable information (PII) and...more

#Ubergate Makes Plain That Privacy Cannot Be a Passing Thought for Start-Ups

The long-brewing behind-the-scenes tensions of privacy, big data, and mobile finally came to a head last week in the public relations disaster known as #Ubergate. Uber’s meteoric rise to the pinnacle of the rideshare start-up...more

Heartbleed Virus Causes Heartburn: Information Security Implications

News reports regarding the so-called Heartbleed computer virus sparked concerns regarding cyber security and digitally-stored personal information. The Canada Revenue Agency announced that the virus caused a security breach...more

Indecent Exposure: FTC Obtains Injunctions Against Debt Brokers for Improperly Published Consumer Information

On November 12, 2014, the Federal Trade Commission announced that the District Court for the District of Columbia had entered preliminary injunctions against two debt sellers which, together, had improperly posted personal...more

Did You Know…Cybersecurity Made More Complicated by the NLRB

The National Labor Relations Board has recently inserted itself into the world of cybersecurity after the United States Postal Service suffered a security breach involving the personal data of several hundred thousand of its...more

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