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South Carolina Enacts First Insurance Data Security Act

South Carolina has become the first state to enact a version of the Insurance Data Security Model Law, which was drafted by the National Association of Insurance Commissioners (NAIC) in 2017. Governor Henry McMaster signed...more

The Hacked & the Hacker-for-Hire: Lessons from the Yahoo Data Breaches (So Far)

The fallout from the Yahoo data breaches continues to illustrate how cyberattacks thrust companies into the competing roles of crime victim, regulatory enforcement target and civil litigant. ...more

Seventh Circuit Reinstates Barnes & Noble Data Breach Class Action

The U.S. Court of Appeals for the Seventh Circuit has reinstated a data breach class action filed against Barnes & Noble (B&N).  The litigation, styled as Dieffenbach v. Barnes & Noble, Inc., now heads back to the U.S....more

Alabama Becomes 50th State to Enact Data Breach Notification Law

Alabama has officially joined the data breach notification party. Alabama Governor Kay Ivey signed Act No. 2018-396 into law on March 28, 2018. The law will take effect on May 1, 2018....more

Alabama Becomes 50th State to Enact Data Breach Notification Law

Alabama has officially joined the data breach notification party. Alabama Governor Kay Ivey signed Act No. 2018-396 into law on March 28, 2018. ...more

South Dakota Enacts Data Breach Notification Law

South Dakota has become the 49th State to enact a data breach notification law. South Dakota Governor Dennis Daugaard signed SB 62 into law on March 21, 2018. The law will take effect on July 1, 2018....more

“Panama Papers” Law Firm Announces Its Closure Due to Fallout from Massive Data Breach

The beleaguered law firm at the center of the international Panama Papers scandal – Mossack Fonseca – has announced that it is closing its doors. It offered no apologies....more

Pennsylvania Supreme Court: If You Want to Search a Cell Phone, Get a Warrant!

The Pennsylvania Supreme Court recently issued a sweeping ruling “that accessing any information from a cell phone without a warrant” violates the Fourth Amendment to the United States Constitution. ...more

U.S. Supreme Court Hears Oral Arguments in Microsoft v. United States: Transcript Available Here

The U.S. Supreme Court heard oral arguments this morning in United States v. Microsoft, No. 17-2, which presents the question whether a United States court may issue a search warrant to a U.S.-based electronic communications...more

SEC Releases Guidance on Public Company Cybersecurity Disclosures

On February 21, 2018, the U.S. Securities and Exchange Commission approved the release of Interpretive Guidance relating to public company disclosures of cybersecurity risks and incidents. ...more

Supreme Court Denies Cert Petition in CareFirst v. Attias

Earlier this week, the Supreme Court of the United States denied certiorari in CareFirst v. Attias, a closely watched case that some thought provided the Court with an opportunity to clarify the standing analysis under Spokeo...more

U.S. Supreme Court Rejects Second Bid for Review in Spokeo

The U.S. Supreme Court on Monday denied the petition for certiorari seeking review of the U.S. Court of Appeals for the Ninth Circuit's most recent decision in Spokeo v. Robins (Spokeo II), foregoing an opportunity to clarify...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

FTC Provides Guidance to Social Media Influencers in Live Twitter Chat

Influencer marketing is the popular practice of using individuals with large social media audiences—known as "influencers"—to advertise products and services through their social media accounts....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

FTC Settles GLBA Enforcement Action Against TaxSlayer Stemming From 2015 Data Breach

The Federal Trade Commission (FTC) this week announced a consent order with TaxSlayer, LLC, an online tax preparation services provider, to settle claims that the company violated the Gramm-Leach-Bliley Act (GLBA) Safeguards...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

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

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