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FTC Announces New Safeguards Rule Breach Notification Requirements

On October 27, the Federal Trade Commission (“FTC”) unanimously voted to amend the Safeguards Rule to require non-banking financial institutions to report data breaches and security events to the Agency. This amendment will...more

SEC Adopts New Cybersecurity Reporting Rules, Setting Up Various Compliance Challenges

After an extensive comment period, the SEC announced on July 26 that it was formally adopting new rules for public companies governing cybersecurity disclosures. The rules had generated significant backlash from public...more

2023 Privacy and Data Security Preview

2022 proved to be an historic year for privacy and data security. Connecticut and Utah joined the list of states that have now passed comprehensive data privacy laws, bringing the total to five (5) states. For the first...more

Pennsylvania Amends Data Breach Notification Law

In early November, Pennsylvania amended its data breach notification law broadening the definition of personal information. The amendment adds “health insurance information” and “medical information” as data elements that...more

New Wiretap Cases Target Hospitals Using Meta Pixel

As we discussed in a recent webcast, there has been a surge in litigation focused on companies’ use of Meta Pixel, which is tracking code that enables the sharing of user online activity with Facebook. Recent litigation has...more

Third Circuit Becomes First Court of Appeals to Address Article III Standing in a Data Breach Case Post TransUnion

The Third Circuit recently became the first federal appellate court to address the question of whether the victim of a data breach has Article III standing to bring a claim for damages based on the fear of identity theft...more

Webinar Recording - Crypto Breaches: Legal & Regulatory Update [Video]

The FTC recently reported that over $650 mm worth of cryptocurrency was stolen by hackers last year. Thus far, over $320 mm in cryptocurrency has been stolen by hackers this year. Not surprisingly, this surge in crypto...more

Unpacking the FTC’s Recent Blog Post Regarding Breach Notification

The Federal Trade Commission (FTC) recently issued a blog post stating that a failure to disclose a data breach may be a violation of Section 5 of the FTC Act. The May 20 blog post, titled Security Beyond Prevention: The...more

Unpacking the FTC’s Recent  Blog Post Regarding Breach Notification

The Federal Trade Commission (FTC) recently issued a blog post stating that a failure to disclose a data breach may be a violation of Section 5 of the FTC Act. The May 20 blog post, titled Security Beyond Prevention: The...more

Financial Institutions Face Increasingly Stringent Federal Breach Reporting Requirements

The last few months have seen a flurry of new federal cybersecurity incident reporting requirements and proposals impacting private entities in the financial sector. As the number and frequency of cyber attacks continue to...more

FTC Strengthens GLBA Financial Safeguards and Privacy Rules

On October 27, the Federal Trade Commission (FTC) announced a final rule (Final Rule) and supplemental notice of proposed rulemaking (NPRM) to amend the Safeguards Rule promulgated under the Gramm-Leach-Bliley Act (GLBA),...more

FTC Guidance Affirms Breach Notification Obligations for Health Apps and Connected Devices

On September 15, 2021, the Federal Trade Commission (“FTC”) issued a policy statement affirming the applicability of its Health Breach Notification Rule (the “Rule”), 16 CFR Part 318, to health apps and connected devices that...more

Federal Court Holds that Cloud Service Provider is Subject to CMIA

On August 12, 2021, the United States District Court for the District of South Carolina issued an opinion denying in part and granting in part a motion by Blackbaud to dismiss seven statutory claims brought by plaintiffs in a...more

Another Federal Court Orders Production of Data Breach Forensic Report

Following in the footsteps of the Eastern District of Virginia’s Capital One decision last year and the District of D.C.’s Clark Hill decision earlier this year, the Eastern District of Pennsylvania has just ordered the...more

Second Circuit ruling clarifies when data breach plaintiffs have adequately pleaded Article III standing

In a thoughtful opinion that diverges from how other circuit courts have addressed the issue, the Second Circuit recently issued a ruling clarifying the circumstances when data breach plaintiffs can rely on fear of identity...more

Second Circuit Ruling Clarifies When Data Breach Plaintiffs Have Adequately Plead Article III Standing

In a thoughtful opinion that diverges from how other circuit courts have addressed the issue, the Second Circuit recently issued a ruling clarifying the circumstances when data breach plaintiffs can rely on fear of identity...more

11th Circuit Finds No Standing Based on Fear of Future Identity Theft

In an opinion that deepens an existing circuit court split, the Eleventh Circuit recently held that the future risk of identity theft is not sufficient to establish Article III standing....more

Federal Court Dismisses CCPA Claim Against Marriot International, Inc. For Lack of Standing

On January 12, 2021, the federal District Court for the Central District of California dismissed a data breach law suit—including a claim filed under the California Consumer Privacy Act (“CCPA”)—against Marriott...more

Federal Court System—And Possibly Sealed Filings—Breached in Connection With SolarWinds Hack

The Administrative Office of the U.S. Courts (the “AO”) recently disclosed that it has initiated an investigation into an apparent compromise in security of the Judiciary’s Case Management/Electronic Case Files System...more

To Pay or Not to Pay? Evolving Legal Considerations With Ransomware

1. Overview of the regulatory issues facing companies—and cyber insurers—that may need to respond to ransomware emanating from a threat actor or group with potential ties to entities on federal lists.- The U.S. Treasury...more

Analysis: Verifying Consumer Requests Under the CCPA

For businesses, one of the more worrisome scenarios under the CCPA occurs when they mistakenly provide personal information of a consumer to the wrong party in response to a consumer request, whether because of fraud or...more

Delaware and New Hampshire Join Growing List of States With New Insurance Data Security Laws

Delaware (July 31, 2019) and New Hampshire (August 2, 2019) have become the latest states to add to the insurance cybersecurity landscape by enacting information security laws.  These laws come on the heels of Connecticut’s...more

Connecticut Becomes Latest State to Enact Insurance Data Security Law

On July 26, 2019, Connecticut Governor Ned Lamont signed into the law the state’s new Insurance Data Security Law, which imposes new information security, risk management, and reporting requirements for carriers, producers,...more

8th Circuit Decision in SuperValu Class Action is a Reminder that Injury and Damages Aren’t the Same Thing.

Last Friday we blogged on the Saks data breach class action, and in the process mentioned a trend among federal courts to reject fear of future identity theft claims in retail breach cases.  ...more

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