It’s the call you hope you never get. Your company has been hit with a ransomware attack. Your systems are offline. Your customer data was stolen by an unknown threat actor who is threatening to leak it. You have lots of...more
4/1/2022
/ Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Protection ,
Extortion ,
FBI ,
FinCEN ,
Hackers ,
Information Technology ,
Office of Foreign Assets Control (OFAC) ,
Personally Identifiable Information ,
Ransomware ,
Risk Management
The Pennsylvania Supreme Court recently held that employers have “a legal duty to safeguard” the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine...more
12/20/2018
/ Breach of Duty ,
Breach of Implied Contract ,
Class Action ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Data Storage ,
Duty to Protect ,
Economic Damages ,
Economic Loss Doctrine ,
Employer Liability Issues ,
Hackers ,
Identity Theft ,
Negligence ,
PA Supreme Court ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Reasonable Care ,
Remand ,
Reversal
The U.S. Court of Appeals for the Third Circuit has found that plaintiffs must show a causal connection between the theft of their personal information and the purported harm that they have suffered in order to survive a...more
7/13/2018
/ Appeals ,
Breach of Contract ,
Data Breach ,
Data Privacy ,
Data Security ,
Discovery ,
Dismissals ,
Economic Loss Doctrine ,
Former Employee ,
Fraudulent Charges ,
Hackers ,
Motion for Summary Judgment ,
Personally Identifiable Information ,
Property Theft ,
Putative Class Actions ,
Unjust Enrichment
The U.S. Court of Appeals for the Ninth Circuit has found that allegations of a future risk of identity theft resulting from a data breach are sufficient to establish standing....more
3/12/2018
/ Article III ,
Consumer Fraud ,
Corporate Counsel ,
Customer Information ,
Cyber Attacks ,
Data Breach ,
Hackers ,
Identity Theft ,
Injury-in-Fact ,
Internet Retailers ,
Motion to Dismiss ,
Personally Identifiable Information ,
Putative Class Actions ,
Retail Market ,
Standing ,
Zappos
Data breaches are a reality that all businesses need to take seriously. Knowing your vulnerabilities is only part of the solution. You and your key stakeholders should be prepared with an incident response plan that defines...more
Equifax, one of the three nationwide credit bureaus that track and rate the financial history of consumers, announced in September that it had suffered a data breach exposing personal information of up to 143 million...more
9/25/2017
/ Breach Notification Rule ,
Credit Reporting Agencies ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Emergency Management Plans ,
Equifax ,
Hackers ,
Personally Identifiable Information ,
Popular ,
Risk Management
The U.S. Court of Appeals for the Eighth Circuit held that allegations of a future risk of identity theft resulting from a data breach are not sufficient to establish standing. The August 30 ruling in In re SuperValu Customer...more
The U.S. Court of Appeals for the Eighth Circuit has held that allegations that the security provisions of a privacy policy were violated are sufficient for standing in a data breach case, but that plaintiffs’ contractual...more
8/28/2017
/ Article III ,
Bitcoin ,
Breach of Contract ,
Breach of Implied Contract ,
Corporate Counsel ,
Data Breach ,
Gambling ,
Hackers ,
Personally Identifiable Information ,
Popular ,
Privacy Policy ,
Putative Class Actions ,
Scottrade ,
Standing ,
Stock Prices ,
Unjust Enrichment
This week, the U.S. Court of Appeals for the Second Circuit issued an important decision in Whalen v. Michaels Stores, placing the court at the center of the controversy around what allegations are sufficient to establish...more
5/9/2017
/ Article III ,
Corporate Counsel ,
Credit Cards ,
Data Breach ,
Fraudulent Charges ,
Hackers ,
Identity Theft ,
Malware ,
Michaels ,
Personally Identifiable Information ,
Pleading Standards ,
Popular ,
Putative Class Actions ,
Retail Market ,
Standing