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[Event] Data Breach Response Workshop – Staying Calm in Crisis - November 3rd, Atlanta, GA

Join industry leaders and legal professionals as they step through a cyber incident response scenario and give real-time perspectives from the viewpoint of forensic investigation and mitigation, legal, cyber insurance, and...more

[Webinar] Moving Targets While Under Fire – Aligning with New Data Laws While Hackers and Customers Bring Pressure - April 5th,...

In the past 5 years businesses felt the increasingly intricate data management rules (GDPR, CCPA, BIPA) pressed against an explosion in hacking and ransomware. Companies experience pressure from legislators, regulators,...more

Hidden Threats of Exposing Your Phone Number

This week I read a worried headline claiming that, in a recent consumer data breach, the hackers had managed to access consumers’ telephone numbers. This was treated as an important and troubling revelation....more

Finding a Test for Reasonable Security Practices: Embrace Complexity and Specifics

Most people have a warped and deeply unrealistic understanding of data security. There is no such thing as absolute security. For a thing to have value, you must be able to access the value – in effect, to use it. In order...more

Why Privacy Matters

Although it seems that every day less people care about their privacy, the ability to maintain parts of your life as private remains crucial to our democracy, our economy, and our personal wellbeing. Many people expose their...more

CCPA Compliance: Are you Ready for PI 2.0? (5 Months to Go)

Don’t wait to implement your California Consumer Privacy Act (CCPA) compliance as it could require changes to your operations. CCPA can apply to businesses even if they do not have offices or employees in California. It can...more

New York: Reasonable InfoSec or Not Reasonable InfoSec? That Is The Question.

Last week, the New York State Senate, at the request of the state attorney general, passed the “Stop Hacks and Improve Electronic Data Security Act” (the “Shield” Act). The bill is currently working its way through the New...more

Oregon: Vendor Meet Regulator, Regulator Meet Vendor

Oregon amended its data breach notice statute (ORS §§ 646A.600 – 646A.628) on May 24, 2019. Beginning January 1, 2020, Oregon will be the first state to explicitly require vendors to notify the attorney general about data...more

Lawsuit Alert: New State Law Affirmative Duty to Safeguard Personal Data

Now a business that was hacked may be successfully sued under state common law by data subjects whose information was compromised in the crime. For the first time, a state supreme court has held that a company that was...more

Ohio Enacts First Cybersecurity Safe Harbor

Tacking an entirely new direction from other US states, Ohio has decided to offer defensive legal protection to businesses who have built a cybersecurity regime around well-known industry standards, even where those...more

New Data Breach Reporting Requirements in Canada

Canada now follows the US trend to require reporting of personal data exposures. Beginning November 1, 2018, a change in the law will require companies subject to Canada’s federal data protection laws to report data breaches...more

LabMD Ruling Heralds a New Era in Data Security Regulation

Companies have a responsibility to protect the sensitive employee and consumer data they hold, but we do not know how much of their revenues must be spent on this effort before it is considered enough. We do not know what...more

GDPR Compliance Task Force - November 2017

6 Months To Go The EU’s General Data Protection Regulation goes into effect on May 25, 2018. GDPR replaces the EU Data Protection Directive. GDPR can apply to US-based businesses even if they do not have offices or employees...more

GDPR Compliance Task Force

7 Months To Go - The EU’s General Data Protection Regulation goes into effect on May 25, 2018. GDPR replaces the EU Data Protection Directive. GDPR can apply to US-based businesses even if they do not have offices or...more

FTC Provides Nonbinding Materials to Help Businesses Defend Against and Respond to Data Breaches

On October 25, 2016, the Federal Trade Commission (FTC) released its nonbinding “Data Breach Response” guide with an accompanying blog post and video, all directed to help businesses prepare a data breach response plan. The...more

Sleep with an Eye Open: The New Age of Hotel Privacy Intrusion

A hotel is a personal place, even if you share it with thousands of other people. The very obscurity in a crowd can make you feel anonymous, and the private living space allows for the most private of conversations and...more

Do You Need Cyber Insurance or Will Your CGL Policy Be Enough?

In Travelers Indemnity Co. of America v. Portal Healthcare Solutions, LLC, the Fourth Circuit Court of Appeals reverses the recent trend of insurance companies avoiding any liability for data breaches under commercial general...more

Cyber Security IMPOSSIBLE: California AG Decides a Ceiling is a Floor

We all know why selecting appropriate data security standards is difficult. No two business are the same. Different businesses have different assets to protect and different bank accounts to tap. Different sized businesses...more

FCC Issues First Privacy Enforcement Action Against Cable Operator

In the third privacy-related enforcement action of the year, the FCC Enforcement Bureau entered into a $595,000 settlement with Cox Communications to resolve an investigation into the company’s loss of customer personal data....more

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