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Biden Administration Issues Executive Order Regarding Safety, Security, and Trustworthiness of AI

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

House Subcommittees Hold Hearing on Combating Ransomware Attacks

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

SEC Proposed New Rule and Extensive Updates to Existing Rules on Cybersecurity

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

Compounding Consequences for Australian Health Insurer Following Breach

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

New York DFS Proposes Revisions to Landmark Cybersecurity Regulation

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

Government Contractor Compliance in the World of Cybersecurity

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 Case Studies Provide Rare Learning Opportunities

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

Win for Walmart as District Court Gives Strict Reading to CCPA

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

The Minted Complaint: Another Case Brought Under the CCPA’s Private Right of Action

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

Court Approves Historic Equifax Data Breach Settlement

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

Home Depot Joins Facebook and Others in Facing Suit for Scanning Faces

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

Capital One Hack Prosecution Raises New and Old Questions about Adequacy of CFAA

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

A Closer Look at the CCPA’s Private Right of Action and Statutory Damages

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

New York Launches Cybersecurity Unit

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

FBI’s Brief Expands to Combat Cyber Threats

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

FDA Issues “PlayBook” for Medical Device Cybersecurity

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

Study Shows Banks Block 80% of Cyberattacks … But is that Enough?

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

Home Depot Settles with Financial Institutions for Over $25 Million in Data Breach Case

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

Third Circuit Finds FCRA Violation Alone Confers Standing for Data Breach Suit

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

NYS Cyber Crack Down Looms: What Every Financial Institution, Insurer and Their Board Must Know

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 Suits Raise Significant Questions for Data Breach Class Actions

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

A Closer Look At The Fallout From The Home Depot Data Breach

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

The FDA’s Draft Guidance on Cybersecurity for Networked Medical Devices

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

The Privilege of PR: Application of the Attorney-Client Privilege to Crisis Communications and Public Relations in Breach Response...

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

5 Popular Cybersecurity Writers to Follow Right Now

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

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