Getting charged for $1000 worth of electronics that you didn’t buy. Seeing your credit score plummet for seemingly no reason.
These types of scenarios are potential nightmares for most of us, but they seem unlikely...more
In this issue:
-Delaware Legislative Update
-Delaware Supreme Court Upholds Facial Validity of Fee-Shifting Provisions in Bylaws of Delaware Non-Stock Corporation
-News from the Courts:
After hearing about the major data breaches at companies like Target, Michael’s, and Neiman Marcus, ABC Corp. realizes it needs to protect itself from such an attack. So it consults with its attorneys, identifies where it is...more
On December 19, 2013, Target publicly announced it had experienced a data security breach via malware installed on its point-of-sale network. Forty million customer credit and debit card numbers, encrypted PINs, and CVV codes...more
On June 23, 2014, the California Supreme Court announced that retailers are not obligated to maintain automated external defibrillators (AEDs) in anticipation of medical emergencies. In Verdugo v. Target Corporation, the...more
As the White House report on big data indicates, an enormous amount of information is collected, stored, analyzed and relayed in digitized form over the Internet and, increasingly, using mobile technology.
One June 10th SEC Commissioner Luis Aguilar made a speech before the New York Stock Exchange, and he took the opportunity to discuss good corporate governance as it relates to cybersecurity and boards of directors....more
On the heels of the widely publicized Target breach, states continue to enact legislation designed to provide notice to their citizens when a security breach involving personal data occurs. Kentucky is the latest state to...more
Privacy and Cyber Security Litigation (PCS Litigation) has recently experienced extensive growth, particularly when it comes to the liabilities associated with a data breach. PCS Litigation involving data breach may be...more
Data security breaches marred the 2013 holiday season for many consumers and retailers. The most famous security breach, at Target Corporation (Target), involved the loss of information on 40 million payment cards and...more
When you enter into a contract with a vendor that will access, use or disclose your customer or employee personal information, assume that you are responsible for any unauthorized access to, use, or disclosure of that...more
The California Supreme Court recently heard arguments in the case of Verdugo v. Target Corporation on an important issue that could open the floodgates to litigation for retailers and other businesses throughout California. ...more
Recent examples of data breaches resulting in invasion of privacy lawsuits abound. Target and other retailers, financial services companies and other businesses have had their internal data systems breached and consumers’...more
Last fall, I wrote about board oversight of cybersecurity and derivative litigation in the wake of cybersecurity breaches. I plan to update my thoughts later this year, after we see developments in the recently filed Target...more
The 2014 Verizon Data Breach Investigations Report (DBIR) was released on April 22, providing the deep empirical analysis of cybersecurity incidents we’ve come to expect from this annual report. The primary messages of this...more
On May 5, 2014, Target Corporation Chief Executive Officer Gregg Steinhafel resigned after having been with the company for 35 years, another casualty of the massive data breach that continues to damage the nation’s...more
Happy Cinco de Mayo!
Breaking news this Privacy Monday: The fallout from the massive Target Corporation data breach continues. This morning, the Target board announced that Chief Executive Officer Gregg Steinhafel...more
The ultimate cost to Target of its recent data breach remains uncertain. So far, the company is the subject of several state investigations, a number of state and federal lawsuits, and a congressional probe into the incident....more
Caught off guard by the very public outing in December 2013 of a data breach compromising the credit and debit card numbers of 40 million of its customers and affecting the personal information of 70 million more, Target...more
Following a string of high-profile data breaches and new data suggesting that approximately 21.3 million customer accounts have been exposed by data breach incidents over the past two years, the California legislature has...more
The latest salvo in the Target data breach litigation is a class action brought by credit card issuing banks advancing a creative and somewhat misleading construction of the Minnesota’s Plastic Card Security Act. The banks...more
The red bull’s-eye. Even shoppers that don’t frequent Target know the retailer’s ubiquitous logo.
But what many holiday shoppers — both loyal Target customers and casual visitors to the trendy discount store — didn’t...more
December 18, 2013, was a dark day for Target Corp. Nationally ousted as the victim of the largest retail data breach in history, Target’s CEO Gregg Steinhafel took pains to assure consumers “they will not be held financially...more
UPDATE to our story yesterday:
In what apparently is a big “oops,” two banks that took legal action against Target over its recent data breach have withdrawn their claims. The suits were withdrawn due to an erroneous...more
For leaders and counsel in many organizations, the word “cybersecurity” typically triggers concerns about the IT department, conjuring images of hackers and requiring unfamiliar terminology such as “firewalls” and...more
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