On October 30, 2023, the White House issued an Executive Order to address the growing innovations—and attendant concerns—regarding artificial intelligence (“AI”). The Executive Order is the first federal attempt to broadly...more
11/9/2023
/ Artificial Intelligence ,
Biden Administration ,
Competition ,
Cybersecurity ,
Data Privacy ,
Executive Orders ,
Innovative Technology ,
National Security ,
NIST ,
Popular ,
Risk Management ,
Technology Sector
In late September, two subcommittees of the U.S. House of Representatives held a joint hearing on responding to ransomware attacks. The hearing—held by the Subcommittee on Cybersecurity, Information Technology, and Government...more
On March 15, 2023, the Securities and Exchange Commission (“SEC”) proposed a new rule concerning cybersecurity risk management as well as updates to Regulations S-P and SCI (Systems Compliance Integrity).[1] With these...more
Medibank, one of Australia’s largest private health insurers, detected a ransomware attack in October 2022. The attackers, believed to be part of a criminal organization based in Russia, exfiltrated approximately 9.7 million...more
On Wednesday, November 9, 2022, the New York Department of Financial Services (“DFS”) announced proposed revisions to New York State’s landmark Cybersecurity Regulation, 23 NYCRR Part 500. The proposed amended regulation...more
Nothing is certain in life except death, taxes, and now, data breaches. Data breaches are almost an unavoidable cost of doing business in a globally connected world. As if being victimized by cybercriminals wasn’t enough,...more
Ransomware attacks have become headline news in the mainstream media, and a hot topic not only on this blog but in government circles. And with good reason as the United States suffered a staggering 421.5 million ransomware...more
4/5/2022
/ Corporate Counsel ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Security ,
Information Reports ,
Popular ,
Ransomware ,
Risk Management
In a win for data privacy defendants, Walmart secured a ruling that favors a narrow interpretation of the California Consumer Privacy Act (CCPA). In Gardiner v. Walmart Inc. et al, 4:20-cv-04618-JSW, a Walmart customer,...more
Well before the California Attorney General’s power to enforce the California Consumer Privacy Act (CCPA) commenced on July 1, 2020, as we have recently reported, private plaintiffs had already jumped into the fray, suing...more
The aftermath from one of the largest data breaches in U.S. history is nearing the end, as the presiding judge approved a proposed class action settlement resolving claims arising from Equifax’s September 2017 data breach. ...more
This past week, The Home Depot, Inc. became the latest business hit with a class action lawsuit for their use of facial recognition security cameras allegedly in violation of the Illinois Biometric Information Privacy Act. ...more
On August 28, 2019, almost a month after Paige A. Thompson was arrested based on allegations that she hacked into servers rented by Capital One Financial Corporation, a criminal indictment was returned charging her with one...more
The California Consumer Privacy Act (CCPA) has significantly altered the potential consequences of a data breach under California law by permitting California consumers to bring civil suits for statutory damages, Cal. Civ....more
8/24/2019
/ Cal Code of Civil Procedure ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Declaratory Relief ,
Injunctive Relief ,
Popular ,
Privacy Laws ,
Private Right of Action ,
Statutory Damages
Today, New York’s top financial regulator, the Department of Financial Services, announced the formation of a dedicated “Cybersecurity Division.” In a news release issued earlier today, the agency said the new division “will...more
The nation’s top law enforcement agency is rebooting its cybercrime capabilities.
In an effort to keep up with the evolving threats against property, critical infrastructure and human life posed by cyber-attacks –especially...more
The Food and Drug Administration is stepping up its game with respect to the cybersecurity of medical devices.
On Monday, the agency announced its launch of a preparedness and response “playbook” to address threats to...more
In Accenture’s 2018 State of Cyber Resilience for Banking & Capital Markets study, the consulting firm reported the rate at which cyber-attacks on banking and capital markets firms are successful dropped from 36 percent in...more
New filings in the consolidated Home Depot data breach litigation, which we have previously covered on this blog, indicate that Home Depot and the remaining financial institution plaintiffs have reached a...more
3/13/2017
/ Class Action ,
Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Debit and Credit Card Transactions ,
Financial Institutions ,
Home Depot ,
Malware ,
Point of Sale Terminals ,
Popular ,
Retail Market ,
Settlement
The United States Court of Appeals for the Third Circuit recently ruled that a data breach class action may proceed on the basis of a Fair Credit Reporting Act (FCRA) violation alone, even where the putative class members do...more
With the public comment period closing in a few days, the New York Department of Financial Services (DFS) “first in the nation” cybersecurity regulation is one step closer to becoming law. The regulation – which covers a...more
Banner Health recently announced that hackers may have gained “unauthorized access to patient information” and “payment card data” from approximately 3.7 million patients, health plan members, food and beverage customers, and...more
More than a year and a half ago, Home Depot announced that it had been a victim of one of the largest data breaches in U.S. history. Media outlets reported that the breach had affected Home Depot’s customers who had made...more
5/9/2016
/ Article III ,
Banking Sector ,
Class Action ,
Corporate Counsel ,
Cyber Attacks ,
Data Breach ,
Financial Institutions ,
Free Identity Theft Protection ,
Hackers ,
Home Depot ,
Malware ,
Negligence ,
Popular ,
Qualified Settlement Funds ,
Standing
Yet another regulator has weighed in on cybersecurity issues, adding to an already complicated and daunting mosaic of regulatory enforcement actions and guidance. Last week, the U.S. Food and Drug Administration (“FDA”)...more
Cyber-attacks have become a matter of everyday reality for all businesses: regardless of industry or size, it is no longer if a data breach will happen, but when. And waiting for a breach to occur before designing and...more
For your convenience, a short list of JD Supra writers covering the myriad issues raised surrounding Cybersecurity, date privacy and protection, and related matters. ...more