In light of several large-scale breaches of late, the New Jersey General Assembly is taking steps to enhance the state’s data breach notification requirements. In late February, Assembly Bill 3245 (AB 3245), introduced by...more
The U.S. Supreme Court may finally weigh in on the hottest issue in data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Standing to sue in a data breach class action suit,...more
Over the past thirty days, the Office for Civil Rights (“OCR”) has reached three HIPAA breach resolutions, signaling to organizations that are covered entities and business associates under HIPAA, the importance of...more
A key issue for any business facing class action litigation in response to a data breach is whether the plaintiffs, particularly consumers, will have standing to sue. Standing to sue in a data breach class action suit,...more
Cybersecurity incidents are on the rise, and so too is data breach litigation brought by plaintiffs who allege they were harmed by the unauthorized exposure of their personal information. Federal circuits across the United...more
For the second consecutive year Virginia has amended its data breach notification law. In March 2017, in light of a warning issued by the IRS to all employers regarding the resurgence of a W-2 based cyber scam, Virginia...more
And now it’s Louisiana’s turn! After several states recently enacted or strengthened existing data breach notification laws (Colorado, Arizona, South Dakota and Alabama just to name a few…), on May 20th , Louisiana Governor...more
Back in January, Colorado lawmakers on both sides of the aisle introduced a groundbreaking new bill requiring “reasonable security procedures and practices” for protecting personal identifying information, limiting the time...more
Last month, South Dakota and Alabama became the final two states to enact a data breach notification law. In addition, many other states, in response to trends, heightened public awareness, and a string of large-scale data...more
The nation’s patchwork of state data breach notification laws is now complete. All 50 states, as well as the District of Columbia, Puerto Rico, Guam, and the Virgin Islands, have enacted breach notification laws requiring...more
On March 28th, Alabama Governor Kay Ivey (R) signed into law the Alabama Data Breach Notification Act, Act No. 2018-396, making Alabama the final state to enact a data breach notification law. South Dakota Governor Dennis...more
It’s official! Alabama is the only remaining state lacking a data breach notification statute. On March 21, 2018 South Dakota Attorney General Marty Jackley announced that Governor Dennis Daugaard signed into law the state’s...more
There are only two states in the U.S. that have yet to enact data breach notification laws, but that may change in 2018. Several weeks ago, the South Dakota state legislature announced that a data breach notification bill...more
The United Kingdom High Court recently issued a landmark liability judgment against the supermarket, Morrisons, following a data breach caused by a rogue employee (Various Claimants v. WM Morrisons Supermarket [2017] EWHC3113...more