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EU Commissioner Jourová Speaks Before European Parliament About Schrems’ Impact on Safe Harbor Negotiations

On October 26, 2015, EU Commissioner Jourová, responsible for data protection, delivered before the European Parliament a speech on the implications of the Schrems ruling (C-362/14) by the Court of Justice of the EU, which...more

SIFMA Urges Senate to Pass Cyber Sharing Bill

It seems as if every day there is a new report of a data breach or cyber attack. For the same reason that Willie Sutton robbed banks — “because that’s where the money is” — cyber criminals have been incessant in their...more

IRS, States, Industry Continue Progress to Protect Taxpayers from Identity Theft

On October 20, 2015, the IRS, state taxing authorities, and leaders of the tax industry announced continued progress to expand and strengthen protection against identity theft in refund fraud for the 2016 tax season. “We are...more

Safe Harbor Invalidated by the CJEU; Are There Other Solutions for Transatlantic Transfers?

After the October 6, 2015, decision of the CJEU, it is clear that transfers of personal data may no longer take place under the Safe Harbor. This was confirmed with no ambiguity by the Article 29 Working Party (Group 29,...more

Means, Other Than Safe Harbor, of Transferring Personal Data to the U.S. Potentially Vitiated?

After the decision of October 6, 2015, of the Court of Justice of the EU (CJEU) invalidating the decision from the EU Commission (Decision 2000/520) on the Safe Harbor, transfer of personal data to the U.S. based on Standard...more

Draft Kings Class Action Argues Data Leak Revealed “Insider Trading” – But Can Case Survive Arbitration Clause?

Draft Kings and Fan Duel, competing daily fantasy sports (DFS) sites, have been vying for attention by flooding the airwaves with a reported 60,000 commercials this year. However, a recent data leak has resulted in less...more

New CFTC Cybersecurity Standards Are Coming Soon

On September 29, 2015, Commodity Futures Trading Commission (CFTC) Chairman Timothy Massad delivered a “State of the Derivatives Marketplace” speech before the 3rd Annual OTC Derivative Summit North America. The speech...more

CJEU Declares the EU Commission Safe Harbor Decision Invalid

On October 6, 2015, the Court of Justice of the EU (CJEU) ruled that the Safe Harbor decision from the EU Commission (Decision 2000/520) is invalid. The ruling seems more severe than the opinion rendered on September 23,...more

Bombshell OIG Report a Reminder to Vigilantly Protect Confidential Information

The U.S. Secret Service’s most recent scandal spectacularly illustrates the need to enforce restrictions on access to databases housing confidential information. According to a September 25, 2015, report from the Office of...more

Jeepers, Creepers: The Launch of the New “Peeple” App and Privacy Concerns

It’s 12:43 in the morning, and you have had a tough day at work. You are tired, thinking slowly, and feeling a little anxious that you should already be in bed to catch some rest before a 6 a.m. wake-up call. And then you get...more

Cacophony in the E.U. About National Data Retention Laws

The European Commission made it clear on September 16, 2015, that the issue of whether to introduce national data retention laws is a national decision. The European Commission has no intention of going back on this statement...more

Forum Shopping in the Ashley Madison MDL Proceedings

As anticipated in our previous discussion of the Ashley Madison data breach litigation, lawyers representing the various putative classes have begun sparring over their preferred venues. The Missouri Jane Doe – who filed the...more

Social Media Employee Privacy Laws – The New Majority Approach?

As the old Bob Dylan song goes, “the times they are a-changin’.” While I suspect his message may have been intended for a more meaningful topic than social media employee privacy laws, his words do ring true. When Maryland...more

Advocate General Bot Proposes That CJEU Declare the Safe Harbor Invalid

On September 23, 2015, Advocate General Yves Bot delivered an opinion on the issue of the transfer of personal data from Facebook Ireland to Facebook USA, in light of the generalized access the National Security Agency (NSA)...more

Through the Wire: SEC Turns its Sights on Insider Trading, Hacking and Data Thievery

There once existed a time when a crew of skydiving surfers could throw on surprisingly well crafted ex-president masks, stroll into a cash-heavy bank and rob the institution blind. There was a time when the weapon of choice...more

SEC’s OCIE Issues a Second Cybersecurity Risk Alert

On Sept. 15, 2015, the Securities Exchange Commission (SEC) Office of Compliance Inspections and Examinations (OCIE) published its second cybersecurity risk alert (the “2015 Risk Alert”). The 2015 Risk Alert is a follow up to...more

Target Data Breach Class Certified: Data Breaches Potentially Fertile Ground for B2B Class Actions

Retail data breaches are multi-victim crimes, with the retailer, consumers and affected third parties all having legitimate claims to “victimhood” – and each left squabbling as the hacker vanishes into the digital ether....more

EU and U.S. Reach “Umbrella Agreement” on Data Transfers

The EU and U.S. reached an agreement on Tuesday (9 September) which will enable the two sides to exchange personal data during criminal and terrorism investigations....more

UK Patients’ Data Exposed by Group Email

The 56 Dean Street Clinic, which is operated by the Chelsea and Westminster NHS Trust and specializes in HIV and other sexual health services, has apologized for the error which revealed (to all 780 recipients) the full names...more

NFA Proposes Cybersecurity Guidance for Derivatives Traders

On August 28, 2015, the National Futures Association (NFA) submitted a proposed interpretative notice (Notice) to the Commodity Futures Trading Commission (CFTC) to require information systems security programs (ISSPs). If...more

A Classy Affair: Class Action Lawyers Race to Courthouse in Wake of Ashley Madison Data Breach

Illicit affairs have always imposed risks – from marital discord and divorce to boiling bunnies and Maury appearances. However, when old-school adultery met new-school technology on the Ashley Madison infidelity website,...more

UK’s First Ever Right To Be Forgotten Enforcement : Google In The Firing Line Again

The UK’s Information Commissioner’s Office (ICO) has made what appears to be its first “right to be forgotten” enforcement action against Google Inc. The ICO issued the notice on 18 August 2015, ordering Google to remove nine...more

Neiman Marcus Seeks En Banc Review of Seventh Circuit’s Watershed Data Breach Class-Action Decision

Does a data breach of a retailer’s payment-card information automatically confer Article III standing on affected customers? Is the mere possibility that some criminal element may use pilfered information to commit future...more

Target and Visa Announce $67 Million Settlement

Last winter, following a well-publicized data breach, a group of financial institutions sued Target, arguing that Target should be held responsible for the damages that they had experienced as a result of the data breach...more

Credit Card Fraud Liability Shift Looms for Retail Industry

On October 1, 2015, a substantial portion of the liability associated with in-store fraudulent credit card purchases will shift from credit card issuers, such as banks or credit unions, to retail merchants. Credit card...more

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