News & Analysis as of

Standing in Data Breach Cases – Still a Moving Target

Where do we stand on standing in data breach cases? It depends on which court you ask. In December 2014, two courts considered whether plaintiffs alleged sufficient injury in their complaints involving well-known data...more

South Korean Communications Commission Releases Guidelines on Data Protection for Big Data

In December 2014, the Korea Communications Commission (KCC) released the“Big Data Guidelines for Data Protection” (Guidelines). Aimed at Information and Communications Service Providers (ICSPs), they are designed to prevent...more

Court Dismisses Data Breach Class Complaint For Lack Of Standing

On February 11, 2015, the U.S. District Court for the Southern District of Texas held that a plaintiff lacked standing to pursue claims for alleged violations of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq....more

No Harm, No Standing: Texas Federal Court Dismisses Data Breach Class Action

Dismissing a class action based on a data breach, the Southern District of Texas added to the growing number of decisions that find an alleged risk of future identity theft due to a data breach is not an injury that creates...more

Preparing for a Data Breach – What to Know about Breach Notification

Data breaches are at the forefront of the news, and many companies, including those dominant in the health care industry, have found themselves front and center in the headlines. Although recent news stories have focused...more

How Recent Data Breaches are Changing the Face of Cybersecurity for the Private Sector

If "The Year of the Breach" and the rapid start to data breaches in 2015 have taught us anything, it is that any company is susceptible to a cyber attack; and, while data breaches are not a new concept, the way the private...more

What the Anthem Cyberattack Means for the Health Care Industry

Unfortunately, account hacks and data breaches are nothing new. Every day, we hear reports of hackers compromising networks and their protected data. When it happens on a massive scale to a powerful player in the health...more

Anthem Data Breach Spawns Class Action Suits and “Phishing” Scams

Last week, Anthem Inc. – the nation’s second largest health insurer – reported a data breach involving the disclosure of the personal information of over 80 million patients and employees. Plaintiffs wasted little time...more

Cyber Attackers Reach Anthem, Health Care Providers Seen As Vulnerable

Anthem, one of the nation’s largest health insurers, announced last Wednesday that it had been attacked by cyber hackers and that personal information for as many as 80 million individuals had been compromised....more

The Anthem Data Breach: The Fallout and What’s Next

By now (unless you have been under a snow drift), you have likely heard about the apparent intrusion into a database at the nation’s largest health insurer, Anthem, Inc. Rather than reiterate the facts as currently known...more

Anthem's Breach: How Employers Should Respond

With the news of the breach of security at Anthem health plans, many employers have been wondering whether their employees are affected and how they should respond. The breach extends to members in Anthem-affiliated plans and...more

Responding to the Anthem Cyber Attack

Anthem Inc. (Anthem), the nation’s second-largest health insurer, revealed late on Wednesday, February 4 that it was the victim of a significant cyber attack. According to Anthem, the attack exposed personal information of...more

Anthem Breach – Implications for What Constitutes “Reasonable” Security Procedures Under California Law.

Upwards of 80 million Americans may be affected by the Anthem data breach.  According to Anthem’s press release, the hackers gained access to the names, birthdays, medical IDs/social security numbers, street addresses, email...more

C-Suite – Changing Tack on the Sea of Data Breach?

The country awoke to what seems to be a common occurrence now: another corporation struck by a massive data breach. This time it was Anthem, the country’s second largest health insurer, in a breach initially estimated to...more

FAQs by Employers Regarding the Anthem Breach

Do we have any legal obligations under HIPAA? It depends on your contractual relationship with Anthem and whether the group health plan offered by your company is self-insured. If your company’s group health plan is...more

Responding to the Anthem Cyber Attack

Anthem Inc. (Anthem), the nation's second-largest health insurer, revealed late on Wednesday, February 4 that it was the victim of a significant cyber attack. According to Anthem, the attack exposed personal information of...more

The Anthem Breach: What Affected Group Plans Should Be Thinking About

The massive data breach announced this week by health insurer Anthem, with up to 80 million consumer records exposed (including Social Security numbers, birthdays, e-mail addresses and employment-related data), brings a...more

Millions Affected by Hackers’ Attack on Health Insurer Anthem, Inc.

“Anthem was the target of a very sophisticated external cyber attack,” announced Joseph Swedish, Anthem’s President and CEO. Anthem, Inc., formerly known as WellPoint, Inc., is one of the largest health insurance companies in...more

Potential Anthem Data Breach - What to Do Next

As you may have heard in the news by now, as many as 80 million subscribers to health insurance coverage provided by Anthem in as many as 14 states may have been the target of a cyber-attack that could have exposed important...more

UK's Information Commissioner's Office Enters Corrective Action Agreement With Shoe Retailer For Data Breach

On January 19, 2015, the United Kingdom’s Information Commissioner’s Office (“ICO”) — an independent UK body created to uphold information rights — published a corrective action agreement with shoe retailer Office Holdings...more

Looking At Angles Of Liability After A Cyberattack

All employers have personnel data on their information technology systems and devices. This data includes personally identifiable information such as names, addresses, birth dates and Social Security numbers of employees and...more

Data Breach Notification Law Even Applies to You, California Employer

Months before the well-publicized Sony catastrophe, California passed Assembly Bill 1710, which was signed into law on September 30, 2014, and became effective on January 1, 2015. The most discussed part of this new law...more

Dealing with High Risk Data

When people think of high risk data, most think of Personal Health Information and Personally Identifiable Information as it relates to HIPAA and the health care industry, but Steve Shebest’s very informative article “High...more

President Obama Proposes Legislation Requiring Businesses to Notify Customers of Data Security Breaches Within 30 Days

In a speech given before the Federal Trade Commission (FTC) on Monday, January 12, President Obama proposed federal legislation that would impose a nationwide standard on companies that experience a data security breach. The...more

State Data Breach Notification Laws

The general definition of “personal information” or “PI” used in the majority of statutes is: An individual’s first name or first initial and last name plus one or more of following data elements: (i) Social Security number,...more

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