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Ensuring Proper Legal Involvement in the Incident Response Process - Dear Mary – Incidents + Investigations Cybersecurity Advice...

“Dear Mary” is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related — data breaches, forensic investigations, how to...more

Understanding Access vs. Acquisition - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

Each of the 50 states has its own definition of what constitutes a reportable data breach. For some, it requires “unauthorized access” to personal information. For others, it requires “unauthorized acquisition.” And then,...more

30 States Urge Ninth Circuit to Reinstate Data Privacy Lawsuit

In an unusual move, attorneys general (AG) from 30 states and the District of Columbia filed a bipartisan amicus brief in the Ninth Circuit supporting efforts to revive a proposed class action against payment processor...more

Understanding Breach Notification Obligations Under California Law: What Does the CCPA Require? - Dear Mary – Incidents +...

‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more

Should Companies Conduct Their Own Forensic Investigations? - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more

State AG Coalition Opposes Current Federal Privacy Legislation

On May 8, attorneys general (AG) from 14 states and the District of Columbia sent a letter to Congressional leadership opposing provisions of the recently proposed federal American Privacy Rights Act (APRA). In addition to...more

US AG Announces Increased Penalties for AI Crimes

In a recent speech at Oxford University, U.S. Deputy Attorney General (AG) Lisa Monaco announced that the U.S. Department of Justice (DOJ) will now seek stiffer penalties for crimes involving, and aided by, artificial...more

Connecticut AG Asserts Claim Against Nursing School Owners

On October 23, an amended complaint was filed by the Connecticut Office of the Attorney General (AG), alleging that Stone Academy, a nursing school, and its owners, Joseph Bierbaum and Mark Scheinberg, used millions of...more

State AGs and State Money Transmission Regulators Settle With Payment Processor Over Unauthorized Mortgage Withdrawals

On October 17, 52 state and territorial attorneys general, in addition to state money transmission regulators, entered into settlements amounting to more than $20 million with ACI Worldwide (ACI), to resolve claims involving...more

Cleanup on Aisle 1: Pennsylvania Grocer Rutters Latest to Settle Single-State Data Breach Investigation With Pennsylvania AG

Rutters, a prominent grocery chain in Pennsylvania with 80 locations statewide, settled a data breach investigation with Attorney General (AG) Michelle Henry’s office by agreeing to pay $1 million and to implement certain...more

Illinois Court Eliminates Another BIPA Defense

This summer, the U.S. District Court for the Southern District of Illinois further bolstered Illinois’ Biometric Information Privacy Act’s (BIPA) nearly unfettered private right of action in Lewis v. Maverick Transportation....more

Making an Impact: State Attorneys General Races in 2023 and Beyond

State Attorneys General (AGs) uniquely wield power to enforce the law, direct policy, and effectuate political goals. Exercising their civil prosecutorial authority, State AGs have redefined priorities of paramount concern to...more

New York AG Releases Data Security Guidelines on Consumer Personal Information Protection

Drawing from her experience investigating and prosecuting businesses in the aftermath of cybersecurity breaches, New York Attorney General Letitia James released a guide to help companies implement effective data security...more

BIPA Claims Receive Five-Year Limitations Period

On February 2, the Illinois Supreme Court determined in Tims v. Blackhorse Carriers, Inc. that all claims under the Biometric Information Privacy Act (BIPA) have a five-year statute of limitations. This ruling clarified the...more

More Privacy, Please - May 2022

Editor’s Note: Connecticut became the fifth state in the nation to successfully pass a comprehensive privacy bill (now awaiting its governor’s signature), following California, Colorado, Utah, and Virginia. Meanwhile,...more

More Privacy, Please - February 2022

Editor’s Note: Organizations continue calling for a comprehensive federal privacy law, and U.S. states continue trying to fill the void by proposing their own such laws. The latest states to do so include Mississippi and...more

More Privacy, Please - January 2022

EDITOR’S NOTE: There was no respite in privacy and cyber law in December 2021, despite the holidays and COVID-19 case surge. Domestically, U.S. regulators stepped up their efforts, signaling their focus on privacy policies...more

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