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Update on Colorado’s Proposed Privacy and Cybersecurity Legislation

As we first reported in our January 22, 2018, alert, the Colorado legislature is considering legislation that, if enacted, would significantly change Colorado privacy and data security law....more

Colorado Legislature Considers Sweeping Privacy and Cybersecurity Legislation

A bipartisan group of Colorado legislators proposed legislation that, if enacted, would significantly change the requirements for how Colorado entities protect, transfer, secure, and dispose of documents containing “personal...more

Arizona Legislature Considers Strengthening Data Breach Notification Law

The Arizona State Legislature is considering proposed legislation that, if enacted, would significantly change the requirements for how Arizona entities respond to data breaches....more

Washington A.G. Sues Uber in First Enforcement Action Under Revised Data Breach Law

The State of Washington's Attorney General filed a complaint against Uber Technologies, Inc., (Uber) this week related to the 2016 hack that exposed the personal data of 57 million riders and drivers. The suit is the first...more

Worldwide Group of Data Privacy Regulators Issues Guidance on Connected-Car Technologies

A global group of data privacy regulators has, for the first time, set forth data privacy and security guidance on the development of automated and connected-car technologies. ...more

Eighth Circuit Issues Two Class Action Data Breach Rulings

In the span of just nine days, the U.S. Court of Appeals for the Eighth Circuit issued two rulings in class actions involving data breaches—one breach in 2013 at brokerage firm Scottrade and another in 2014 at grocery stores...more

Uber Settles FTC Dispute Over Consumer Data Privacy and Security Allegations

There are several key takeaways from a 20-year proposed consent order agreed to by Uber Technologies, Inc. (Uber) and the Federal Trade Commission (FTC)...more

Delaware Amends Data Breach Statute

Delaware has joined the growing list of states that have recently amended their data breach laws. With passage of the first significant amendments to its data breach law since 2005, Delaware continues a state-law trend of...more

Maryland Amends Data Breach Notification Law

The Maryland General Assembly recently amended the Maryland Personal Information Protection Act to expand the definition of personal information, provide a 45-day timeframe for providing notice of a breach, allow for...more

D.C. Circuit Reverses Data Breach Class Action Dismissal on Standing Grounds

The U.S. Court of Appeals for the D.C. Circuit has reinstated a data breach class action filed against CareFirst BlueCross BlueShield (CareFirst). The lawsuit stems from a June 2014 data breach in which hackers infiltrated 22...more

Nevada Becomes the Third State to Enact Website Privacy Notification Law

Not everything that happens in Vegas stays in Vegas. Starting on October 1, 2017, a new Nevada privacy law will require certain website owners and operators to publish a notice regarding their privacy policies, disclosing to...more

Colorado District Court Dismisses Data Breach Class Action Against Noodles & Company

The U.S. District Court for the District of Colorado recently dismissed a proposed class action lawsuit filed by financial institutions relating to a 2016 data breach that involved hundreds of Noodles & Company (Noodles)...more

NYDFS Updates FAQs to Clarify Cybersecurity Regulations

The New York Department of Financial Services (NYDFS) recently updated frequently asked questions (FAQs) about its cybersecurity regulations, 23 NYCRR 500, to address four new issues. NYDFS published its initial set of FAQs...more

Ponemon Institute Study on Costs of Data Breaches Highlights Improvement and New Risks for U.S. and Global Companies

The average cost of a data breach, on both an aggregate and a per-record basis, has decreased slightly according to the Ponemon Institute's 2017 Cost of Data Breach Study: Global Overview. In addition to presenting recent...more

FTC Submits Comment To Aid NTIA In Developing Internet of Things Guidance

In its latest effort to address security concerns about Internet of Things (IoT) devices, the Federal Trade Commission (FTC) has submitted public comments to the National Telecommunications and Information Administration's...more

Autonomous Cars One Step Closer to Reality in Colorado

This month, Colorado joined a growing list of nearly half of U.S. states when it enacted a law approving the use of autonomous driving systems. The Colorado law governs systems capable of controlling highly and fully...more

Colorado Division of Securities Publishes Final Cybersecurity Rules

The Colorado Division of Securities (Division) has published final cybersecurity rules applicable to broker-dealers and investment advisers. The Colorado Attorney General's office has 20 days to write an opinion on the rules,...more

SEC Emphasizes Cybersecurity Preparedness in Wake of Global Ransomware Attack

The U.S. Securities and Exchange Commission's Office of Compliance Inspections and Examinations (OCIE) has issued a Risk Alert in the wake of the widespread WannaCry ransomware attack that has inflicted hundreds of thousands...more

Colorado Proposes Cybersecurity Rules for Investment Advisers, Broker-Dealers

The Colorado Division of Securities recently issued proposed rules directed at establishing cybersecurity requirements for broker-dealers and investment advisers. The proposed rules were issued only a month after New York...more

New Mexico Becomes 48th State to Enact Data Breach Notification Law

New Mexico recently became the 48th state to enact a data breach notification law. This continues the accelerated pace of state data breach legislative activity in the last two years. Since 2015, at least 41 states have...more

Ninth Circuit to Decide Key TCPA Insurance Issue

The Ninth Circuit Court of Appeals recently heard oral argument in Los Angeles Lakers, Inc. v. Federal Insurance Company, a case raising the issue of whether an exclusion for invasion of privacy claims in a directors and...more

Eighth Circuit Remands Proposed Settlement in Target Data Breach Class Action

The Eighth Circuit Court of Appeals has remanded a $10 million settlement in the Target data breach class action on the grounds that the district court had not rigorously analyzed the propriety of the class...more

IRS and Others Renew Warnings About Fraudulent Emails Targeting Employee Tax Information

With tax season in full swing, the Internal Revenue Service (IRS), state tax agencies, and tax industry groups recently renewed a warning about Form W-2 email spear-phishing scams. ...more

Colorado Supreme Court Limits Jurisdiction Over Manufacturers

The Colorado Supreme Court has joined a number of other federal and state courts in limiting the extent to which product manufacturers can be subjected to a state’s general personal jurisdiction, even when the manufacturer's...more

Colorado Law Protects Student Information, Boosts Cybersecurity Resources

Colorado Governor John Hickenlooper has signed into law two bills implementing enhanced protections and obligations for entities handling student personally identifiable information and increasing state resources dedicated to...more

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