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“First-of-Its-Kind” FTC Breach Enforcement Case on Hot-Button Website Tracking Issue

On February 1, 2023, the Federal Trade Commission (“FTC”) announced that it filed a “first-of-its-kind proposed order” under its Health Breach Notification Rule promulgated pursuant to section 13407 of the American Recovery...more

Emerging Threats: Cyber Attacks and Side-Channel Evolution

“Side-Channel” attacks generally refer to a type of criminal cyber attacker activity that exploits vulnerabilities so that the attacker can collect and analyze “leakage” of data from a device, as a means to identify certain...more

When the Feds Find Out! Lack of Data Security Leads to Novel and Hefty Settlements

The Federal Government continues ramping up enforcement of data security requirements by deploying significant new enforcement theories and tools in support of cyber and data security controls required by federal law....more

Tech Transactions & Data Privacy 2021 Report

As we bid farewell to 2020 and look toward the uncharted territory of 2021, it is hard not to take inventory of all that has changed in such a short period. No one at the beginning of 2020 would have predicted what transpired...more

Cybersecurity and “Recognized Security Practices”: New Statute modifies HIPAA

On January 5, 2020, President Trump signed into law H.R. 7898. This new statute amends the Health Information Technology for Economic and Clinical Health (HITECH) Act to require the Department of Health and Human Services...more

Imminent Ransomware Attack Detected

The CISA, FBI and HHS have issued an alert (https://us-cert.cisa.gov/ncas/alerts/aa20-302a) regarding an imminent threat to hospitals and health care providers. Federal agencies have credible information to suggest that a...more

Important Highlights from the NIST/OCR HIPAA Security Conference Last Week

Every year, the National Institute of Standards and Technology (NIST) and the Department of Health and Human Services, Office for Civil Rights (OCR) jointly sponsor a conference to “address the dynamic and challenging...more

HIPAA-Covered Entities: It’s Time to Cover Yourself - Are you prepared for Colorado’s new data breach law to take effect?

On May 29, 2018, Colorado Governor John Hickenlooper signed changes to Colorado law that significantly increase potential data breach burdens and financial penalties on entities operating in Colorado.1 Beginning September 1,...more

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