Editor’s Note: This past month featured increased activity in privacy and data protection. U.S. Legislation and Regulation. Connecticut’s governor signed a comprehensive privacy bill, and President Biden has before him a bill...more
Editor’s Note: Utah became the fourth state in the nation to successfully pass a comprehensive privacy bill, following California, Colorado, and Virginia. Meanwhile, seven other states failed at their own attempts, including...more
Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more
11/11/2021
/ Biometric Information Privacy Act ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Fraud ,
Popular ,
TikTok
Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more
9/9/2021
/ Communications Decency Act ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Protection ,
Department of Justice (DOJ) ,
FCC ,
Federal Trade Commission (FTC) ,
Popular ,
Ransomware ,
Robocalling ,
VoIP
Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more
Introduction -
The Connecticut legislature recently enacted a pair of new data breach and cybersecurity statutes — Public Act 21-59 and Public Act 21-119 — on June 16 and July 6, respectively. Both laws will take effect on...more
7/20/2021
/ Biometric Information ,
Breach Notification Rule ,
Connecticut ,
Cybersecurity ,
Data Breach ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
NIST ,
Personal Information ,
Popular ,
Unfair Trade Practices Act
Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more
Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more
6/3/2021
/ Biden Administration ,
Biometric Information ,
Biometric Information Privacy Act ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection Authority ,
IRS ,
Popular ,
Reporting Requirements
The Second Circuit recently issued a decision in McMorris v. Carlos Lopez & Associates, LLC, No. 19-4310, 2021 U.S. App. LEXIS 12328 (2nd Cir. Apr. 26, 2021), which clarifies the circumstances under which plaintiffs alleging...more
Despite focused media coverage and a steady increase in the number of data breaches involving public companies, there has not been a corresponding increase in shareholder securities fraud and shareholder derivative claims...more
4/2/2018
/ Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Derivative Suit ,
Disclosure Requirements ,
Form 10-K ,
Material Misrepresentation ,
Publicly-Traded Companies ,
Risk Management ,
Rule 10(b) ,
Rule 10b-5 ,
Securities Fraud ,
Securities Litigation
A covered entity will need to arrange for someone to perform the CISO function, dedicate resources to conduct periodic risk assessments, develop and implement policies and procedures, and retain appropriate personnel and...more
1/26/2017
/ Banking Sector ,
Chief Information Security Officer (CISO) ,
Covered Entities ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Data Protection ,
Financial Institutions ,
Financial Services Industry ,
Insurance Industry ,
NYDFS ,
Personally Identifiable Information ,
Risk Assessment ,
Risk Management
The decision does not change the law on what is necessary to prove standing, although it does reinforce the notion that a plaintiff will have standing if he or she can allege a concrete injury.
In the latest in a slew of...more
10/8/2015
/ Bailments ,
Breach of Contract ,
Cause of Action Accrual ,
Civil Conspiracy ,
Clapper v. Amnesty International ,
Class Action ,
Coca Cola ,
Data Breach ,
DPPA ,
Fraudulent Charges ,
Identity Theft ,
Personally Identifiable Information ,
Restitution ,
Standing
In light of numerous recent data breaches, cybersecurity has emerged as an issue impacting organizations ranging from the local hardware store to the largest multi-national firms in the world. In short, no industry is immune...more
9/17/2015
/ Banking Sector ,
Breach Notification Rule ,
CAN-SPAM Act ,
COPPA ,
Cyber Attacks ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
FERPA ,
Financial Institutions ,
Gramm-Leach-Blilely Act ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
HITECH Act ,
OCR ,
Personally Identifiable Information ,
Privacy Laws ,
Verizon
In This Presentation:
- Regulatory expectations for financial institutions
- Risks for financial institutions
- Planning to reduce risks
- The Breach
- Duties and responsibilities
-...more
6/23/2015
/ Banking Sector ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Enforcement ,
FFIEC ,
Financial Institutions ,
Regulatory Agencies ,
Regulatory Oversight ,
Risk Assessment ,
Security and Privacy Controls ,
Strategic Planning
Creating a private cause of action in negligence for data breaches could result in the filing each year of possibly hundreds of thousands of lawsuits by persons whose confidential information may be in the hands of third...more
6/15/2015
/ Breach of Contract ,
Class Action ,
Data Breach ,
Data Security ,
Duty of Care ,
Negligence ,
PA Supreme Court ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Safe Harbors ,
Target
The opinion from the Philadelphia Court of Common Pleas reinforces lack of standing as a defense for companies facing data breach–related class actions.
On March 25, the Philadelphia Court of Common Pleas provided...more
Storm v. Paytime, Inc. — a recent case decided by the U.S. District Court for the Middle District of Pennsylvania — gives companies that have suffered third-party data breaches another decision to support dismissing class...more
Historically, the Federal Trade Commission (FTC) has been the most active federal regulator of data privacy and security. Since its creation, it has pursued hundreds of cases against companies that violated privacy statutes...more
In an opinion released on November 11, the Connecticut Supreme Court ruled on whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations preempt a common law claim for...more
11/26/2014
/ Breach of Contract ,
Class Action ,
Data Breach ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Negligence ,
Negligent Infliction of Emotional Distress ,
Patient Confidentiality Breaches ,
PHI ,
Popular ,
Private Right of Action
U.S. District Judge Stanley R. Chesler of the District of New Jersey recently provided much needed guidance to directors and officers on their duties and responsibilities with regard to cybersecurity. In Palkon v. Holmes, et...more
In This Presentation:
- WHY IS DATA PRIVACY AND SECURITY IMPORTANT?
..Why is it important to protect data?
..SEC Cybersecurity Risk Alert
..FINRA Scrutiny
- BEFORE THE BREACH
...more
Pepper partners Gregory J. Nowak and Angelo A. Stio III discussed data privacy and cybersecurity issues for investment funds during a recent webinar for West LegalEdcenter. This podcast is a recording of their...more
11/10/2014
/ Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Data-Sharing ,
Financial Industry Regulatory Authority (FINRA) ,
Investment Management ,
Personally Identifiable Information ,
Popular ,
Securities and Exchange Commission (SEC)