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Texas Legislature Passes Student Privacy Act

House Bill No. 2087, known as the Student Privacy Act, is one of many bills the Texas Legislature passed this year focusing on data privacy and cybersecurity. Our legislators are recognizing that the way we do business and...more

Phishing in Flood Waters: Avoiding Hurricane Harvey Cyber Risks

Unfortunately, it is common for cyber criminals to capitalize on natural disasters. The Department of Homeland Security (“DHS”) warns users to exercise caution in handling any email with subject line, attachments, or...more

Fourth Circuit Affirms CGL Coverage of Cyber Incident

In a recent, unpublished opinion, the Fourth Circuit held that an insurer had a duty to defend its insured under a CGL policy for a cyber incident. A class action complaint was filed against Portal Healthcare Solutions...more

First Choice Federal Credit Union vs. Wendy’s : Will Plaintiff’s EMV Arguments Get A Frosty Reception?

Wendy’s suffered a data breach in the fall of 2015 that it recently reported affected one particular point of sale system at fewer than 300 restaurants. Wendy’s has already been sued as a result of the incident, including a...more

Alert on Ransomware Attacks and Prevention

Imagine entering your office, sitting down with a cup of coffee, and going through the routine task of logging on to your computer to review your emails and schedule for the day. Except this time, there is a problem. A...more

IP Litigation Insider - March 2016

Are Ex Parte Reexaminations An Overlooked Method of Challenging Patents? In the wake of the September 16, 2011, enactment of the America Invents Act ("AIA"), many third-party individuals and organizations began utilizing...more

US-EU Agree on Privacy Shield to Replace Invalidated Safe Harbor

On February 2, 2016, it was announced that the United States and the European Union had reached an agreement on a new framework to replace the Safe Harbor that was invalidated back in October. The new framework, called the...more

FTC Fails to Prove Case Against LabMD

Last Friday, Chief Administrative Law Judge D. Michael Chappell ruled that the FTC had failed to prove its case against LabMD and dismissed the FTC's Complaint. LabMD is one of only two companies (the other being Wyndham) to...more

Safe Harbor Invalidated

Last Tuesday, the European Court of Justice (ECJ) invalidated the US-EU Safe Harbor framework in Schrems v. Data Protection Commissioner. The Safe Harbor provided companies with a self-certification process through the US...more

Investment Adviser and SEC Agree to Settle Charges Arising out of Failure to Adopt Written Cybersecurity Policies Required by the...

The SEC charged investment adviser R.T. Jones with willfully violating the Safeguards Rule by failing to adopt written policies and procedures designed to protect customer records and information. The Safeguards Rule requires...more

If Your Business Takes Credit Cards, Are You Ready for October 1, 2015?

October 1, 2015, is the date that many payment networks, including Visa, American Express, Discover, and MasterCard, have set for a counterfeit fraud liability shift. Although that date is just around the corner, many small...more

FTC v. Wyndham: Third Circuit Affirms FTC's Authority to Regulate "Unfair" Cybersecurity Practices

In a highly anticipated, precedential opinion released on August 24, 2015, the Third Circuit held that the FTC had authority to regulate cybersecurity under the unfairness prong of § 45(a) of the FTC Act and that Wyndham had...more

White House Introduces Discussion Draft of Consumer Privacy Bill of Rights

Although most states have enacted some form of data privacy and breach notification laws, and certain federal statutory schemes cover specific industry sectors, there are no privacy protections for all personal data. Given...more

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