U.S. Senate leaders may be close to reaching an agreement on a legislative proposal that would establish a national data breach notification and security standard (the Data Acquisition and Technology Accountability and...more
The inspector general (IG) of the U.S. Securities and Exchange Commission (SEC) reported last week that the SEC has not sufficiently implemented information technology security upgrades in order to protect highly sensitive...more
The last twelve months saw many high-profile and innovative cyber-threats, costly and embarrassing breaches, and several cybersecurity trends. Many executives and boards have been reactive rather than proactive, catalyzing...more
High-profile data breaches seem to hit the headlines almost every day. These breaches have proved terrifying for many companies, particularly as the attackers release embarrassing emails and other information. The frequency...more
Illicit affairs have always imposed risks – from marital discord and divorce to boiling bunnies and Maury appearances. However, when old-school adultery met new-school technology on the Ashley Madison infidelity website,...more
9/2/2015
/ Ascertainable Class ,
Ashley Madison ,
Class Action ,
Class Certification ,
Cyber Attacks ,
Data Breach ,
FRCP 23 ,
Motion to Dismiss ,
Multidistrict Litigation ,
Personally Identifiable Information ,
Standing
Does a data breach of a retailer’s payment-card information automatically confer Article III standing on affected customers? Is the mere possibility that some criminal element may use pilfered information to commit future...more
8/24/2015
/ Appeals ,
Article III ,
Clapper v. Amnesty International ,
Class Action ,
Credit Monitoring ,
Data Breach ,
En Banc Review ,
Imminent Harm ,
Neiman Marcus ,
Popular ,
Retailers ,
Standing
Last winter, following a well-publicized data breach, a group of financial institutions sued Target, arguing that Target should be held responsible for the damages that they had experienced as a result of the data breach...more
On October 1, 2015, a substantial portion of the liability associated with in-store fraudulent credit card purchases will shift from credit card issuers, such as banks or credit unions, to retail merchants. Credit card...more
Until very recently, it was considered matter of course in a services agreement for any data disclosure or loss, regardless of cause, to be excluded from any and all limitations of the vendor’s liability. However, as data...more
More details continue to emerge about the cyber attack and data breach disclosed last week of the U.S. federal government’s Office of Personnel Management (OPM), and those details continue to get worse. While original reports...more
BREAKING NEWS: Health insurer CareFirst BlueCross BlueShield disclosed today that hackers gained access to one of its databases, exposing personally identifiable information for approximately 1.1 million people....more
5/21/2015
/ Blue Cross ,
Blue Shield ,
CareFirst ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Hackers ,
Health Insurance ,
Healthcare ,
Identity Theft ,
Information Technology
Last week, in conjunction with the Criminal Division’s Cybersecurity Industry Roundtable, the U.S. Department of Justice released its “Best Practices” guide for preparing for and responding to a cyber incident....more