Mintz - Privacy & Cybersecurity Viewpoints

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Firm Profile: Mintz
One Financial Center
Boston, MA 02111, United States
Phone: (617) 348-1732
Fax: (617) 542-2241
Areas Of Practice
  • Class Action
  • Communications & Media Law
  • International Law & Trade
  • Litigation
  • Privacy
  • Science, Computers, & Tech
Locations
Other U.S. Locations
  • California
  • D.C.
  • Massachusetts
  • New York
Other Countries
  • United Kingdom
Number of Attorneys
400+ Attorneys

Court Holds Crime Policy Covers Business Compromise Email Loss

The “business compromise email” is what the FBI calls the “$5 billion scam,” but apparently an insurance company did not agree with an insured company that they had been the victim of a crime…more

Business E-Mail Compromise (BEC), Computer Fraud Insurance, Corporate Counsel, Crime Insurance Policies, Cyber Crimes

See all updates »

Back to School – Avoiding Theft of Data and Money via the “Business Email Compromise” Scam

The FBI warned this summer that the “Business Email Compromise” (“BEC”) scam continues to grow, evolve, and target businesses of all sizes. As reported by the FBI in June, the scam had hit more than 22,000 victims for a combined…more

Business E-Mail Compromise (BEC), Cyber Crimes, Cybersecurity, Data Breach, Data Protection

See all updates »

Part Five of the COVID-19 Roadmap Series: Ensuring a Safe Workplace - COVID-19 Screening and Testing

In Part Five of our Roadmap Series, we take a closer look at COVID-19 screening and testing, including best practices and legal implications, as potential tools to maintain a safe workplace. Can We Screen Our Employees for…more

ADA, Coronavirus/COVID-19, EEOC, Employer Liability Issues, Employer Responsibilities

See all updates »

Narrow Ruling for Privacy at SCOTUS in Carpenter

The Supreme Court ruled, at the end of June, that seizing cell-site location information—data that tracks cell phone users’ movements—constitutes a search under the Fourth Amendment. Speaking for a 5-4 majority in Carpenter v…more

Carpenter v US, Cell Phones, Cell Site Location Information (CSLI), Criminal Convictions, Electronic Records

See all updates »

The New HIPAA Omnibus Rule & Your Liability — A Detailed Review

As we have reported in this blog, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently released final regulations containing modifications to the HIPAA Privacy, Security, Enforcement, and…more

Business Associates, Cloud Computing, Covered Entities, Data Breach, Department of Health and Human Services (HHS)

See all updates »

A New Decade of HIPAA – What Can We Expect?

As the decade winds down, it’s hard to believe that the HIPAA Privacy and Security Rules are almost twenty years old. It has been ten years since the U.S. Department of Health and Human Services (HHS) Office for Civil Rights…more

Business Associates, California Consumer Privacy Act (CCPA), Civil Monetary Penalty, Covered Entities, Data Breach

See all updates »

TCPA & Consumer Calling - Monthly TCPA Digest - May 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory…more

ATDS, Faxes, FCC, Lack of Authority, Opt-Outs

See all updates »

Zoom to Implement New Security Measures in Deal with NY Attorney General

Amidst multiple investigations into the privacy and security practices at Zoom Video Communications (“Zoom”), New York Attorney General Letitia James recently announced a settlement agreement with Zoom after the failings of the…more

Corporate Counsel, Cybersecurity, Data Privacy, Data Security, Department of Education

See all updates »

Zoom to Implement New Security Measures in Deal with NY Attorney General

Amidst multiple investigations into the privacy and security practices at Zoom Video Communications (“Zoom”), New York Attorney General Letitia James recently announced a settlement agreement with Zoom after the failings of the…more

Corporate Counsel, Cybersecurity, Data Privacy, Data Security, Department of Education

See all updates »

Congressional Privacy Action – Part 2: The House

The House Bill. The House is taking a different approach to drafting a federal privacy bill. On December 18, Democratic and Republican staff for the House Energy & Commerce Committee released a bipartisan staff draft for…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, COPPA, Cybersecurity, Cybersecurity Framework

See all updates »

Part Five of the COVID-19 Roadmap Series: Ensuring a Safe Workplace - COVID-19 Screening and Testing

In Part Five of our Roadmap Series, we take a closer look at COVID-19 screening and testing, including best practices and legal implications, as potential tools to maintain a safe workplace. Can We Screen Our Employees for…more

ADA, Coronavirus/COVID-19, EEOC, Employer Liability Issues, Employer Responsibilities

See all updates »

Privacy Shield Invalidated by Top EU Court; Standard Contractual Clauses Upheld (But There Are Still Major Challenges Ahead)

Organizations that transfer personal data from the European Union on the basis of the EU Commission-approved Standard Contractual Clauses (SCCs) may be breathing a sigh of relief on hearing that the SCCs have been upheld by the…more

Corporate Counsel, Data Privacy, Data Protection, EU, EU-US Privacy Shield

See all updates »

TCPA & Consumer Calling - Monthly TCPA Digest - May 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory…more

ATDS, Faxes, FCC, Lack of Authority, Opt-Outs

See all updates »

On the Third Day of Privacy, the Shareholders Gave to Me……

…….Shareholder Proposals on Cybersecurity and Privacy: Another Country Heard From As the holiday season slips into the rear view mirror, another season looms large for public companies —- proxy season. Adding to the…more

Cybersecurity, Proxy Season, Proxy Statements, SEC, Shareholders

See all updates »

Congressional Privacy Action – Part 2: The House

The House Bill. The House is taking a different approach to drafting a federal privacy bill. On December 18, Democratic and Republican staff for the House Energy & Commerce Committee released a bipartisan staff draft for…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, COPPA, Cybersecurity, Cybersecurity Framework

See all updates »

Supreme Court Declines to Address Circuit Split on Data Breach Standing Issue

A circuit split on whether actual misuse of personal data is required to have standing to assert data breach claims remains unresolved. Last week the Supreme Court rejected a petition to review that issue in CareFirst v. Attias…more

Article III, Cybersecurity, Data Breach, Hackers, Identity Theft

See all updates »

August Cybersecurity Update: Congress Finishes Up NDAA and Continues Work on Cybersecurity Bills

As August recess gets underway for the House and the Senate, ML Strategies has prepared a summary of the status of this summer’s key cybersecurity issues. ML Strategies will continue to track these and other cybersecurity…more

Cybersecurity, Department of Defense (DOD), Department of Energy (DOE), DHS, Federal Contractors

See all updates »

Practice Fusion and FTC Settle Complaint Over Deceptive Statements About the Privacy of Consumer-Generated Online Content

Last week, the Federal Trade Commission (FTC) announced (press release) that Practice Fusion, the largest cloud-based electronic health company in the United States, has agreed to settle FTC charges over deceptive practices…more

Cloud Computing, Disclosure Requirements, EHR, FTC, Patient Confidentiality Breaches

See all updates »

New California Privacy Initiative to Appear on November Ballot – Get Ready for CCPA 2.0

Just as businesses are gearing up for the start of enforcement of the California Consumer Privacy Act (“CCPA”), California cleared the way for the California Privacy Rights Act (“CPRA”). The CPRA is an initiative imposing…more

Ballot Measures, California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection

See all updates »

A New Decade of HIPAA – What Can We Expect?

As the decade winds down, it’s hard to believe that the HIPAA Privacy and Security Rules are almost twenty years old. It has been ten years since the U.S. Department of Health and Human Services (HHS) Office for Civil Rights…more

Business Associates, California Consumer Privacy Act (CCPA), Civil Monetary Penalty, Covered Entities, Data Breach

See all updates »

Microsoft Loses Round in Fight Over Email Held in Irish Data Center

Rarely do Microsoft, AT&T, Verizon, Apple, Cisco and the ACLU all agree on a particular subject; rarer still that such an unlikely coalition fails…more

Data Centers, Electronically Stored Information, Email, Microsoft, Popular

See all updates »

August Cybersecurity Update: Congress Finishes Up NDAA and Continues Work on Cybersecurity Bills

As August recess gets underway for the House and the Senate, ML Strategies has prepared a summary of the status of this summer’s key cybersecurity issues. ML Strategies will continue to track these and other cybersecurity…more

Cybersecurity, Department of Defense (DOD), Department of Energy (DOE), DHS, Federal Contractors

See all updates »

Will the GDPR Ease Cross-Border Data Transfers for Purposes of E-Discovery?

As the clock ticks down to May 25, 2018, when the European Union’s General Data Protection Regulation (“GDPR”) becomes fully enforceable throughout the EU, the Internet and airwaves have become saturated with guidance for…more

Corporate Counsel, Discovery, e-Discovery Professionals, Electronically Stored Information, EU

See all updates »

Health Care Data Breaches Are Increasing Both in Number and Cost

It feels like we’ve been seeing a lot more health care breaches caused by hackers and other IT security incidents, and there’s a good reason why: a recent report by cloud security company Bitglass confirms that both the number…more

Cybersecurity, Data Breach, Department of Health and Human Services (HHS), Enforcement Actions, Health Care Providers

See all updates »

NIST Provides Important Guidance For IOT Industry

More prevalent than ever before, Internet of Things (“IOT”) devices, a term that includes connected “smart” devices, such as internet connected TVs, wearables, smart speakers, such as the Amazon Echo and Google Home, are fast…more

Cybersecurity, Data Security, Internet of Things, Manufacturer Liability, Manufacturers

See all updates »

CCPA: When “Final” Doesn’t Mean What You Think It Means (with apologies to The Princess Bride)

Earlier this week, the California Department of Justice unexpectedly released a third set of proposed modifications to the CCPA regulations. This move took place only two months after the California Attorney General’s Office…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Collection

See all updates »

On the Second Day of Privacy, Plaintiffs’ Counsel Gave to Me . . .

. . . still more privacy litigation. In 2015, we are likely to see further development of the law in data breach class actions, continuing growth in statutory privacy claims, and increased risk of privacy-related claims arising…more

Data Breach, Data Protection, Popular, Right to Privacy, TCPA

See all updates »

Massachusetts Appeals Court Set to Consider Scope of Employer Liability for Employee Data Breaches

Many of the highest-profile and headline-catching data breaches involve external breaches of a company’s electronic systems. But the reality that these headlines obscure is the fact that internal data breaches are generally more…more

Breach of Duty, Cyber Crimes, Data Breach, Data Privacy, Data Protection

See all updates »

Massachusetts High Court Permits Compelled Decryption of Seized Digital Evidence

Today, in Commonwealth v. Gelfgatt, No. SJC-11358 (Mass. June 25, 2014), a divided Massachusetts Supreme Judicial Court held that under certain circumstances, a court may compel a criminal defendant to provide the password to…more

Criminal Prosecution, Electronic Records, Encryption, Evidence, Fifth Amendment

See all updates »

Part Five of the COVID-19 Roadmap Series: Ensuring a Safe Workplace - COVID-19 Screening and Testing

In Part Five of our Roadmap Series, we take a closer look at COVID-19 screening and testing, including best practices and legal implications, as potential tools to maintain a safe workplace. Can We Screen Our Employees for…more

ADA, Coronavirus/COVID-19, EEOC, Employer Liability Issues, Employer Responsibilities

See all updates »

Friendly Reminder: HIPAA Still Applies During the Coronavirus Outbreak

Our Employment, Labor & Benefits colleagues recently blogged on the coronavirus and its ramifications for employers impacted by the outbreak. As this is still an active outbreak with cases increasing within the United States,…more

Coronavirus/COVID-19, Cybersecurity, Department of Health and Human Services (HHS), Electronic Protected Health Information (ePHI), HIPAA

See all updates »

D.C. Circuit Holds Cyber-Theft of Customers’ Medical Identifying Information Created Sufficient Increased Risk of Harm to Establish Standing

Earlier this month, an appellate panel of the federal DC Circuit unanimously held that individuals affected by a healthcare insurer’s data breach in 2014 could pursue claims against the insurer stemming from the cyberattack. In…more

Appeals, Cyber Crimes, Data Breach, Data Theft, Electronic Medical Records

See all updates »

Court Rejects Neiman Marcus Data Breach Settlement Due To Injury-Based Class Conflicts

As previously noted in this blog, the Neiman Marcus payment card data theft class action reflects a lenient approach to the issue of standing in data breach cases. In that case, the Seventh Circuit rejected arguments that…more

Article III, Class Action, Class Certification, Corporate Counsel, Data Breach

See all updates »

FINRA Again Reminds Firms to Beware of Fraud during COVID-19 Pandemic

As we previously discussed, FINRA issued guidance to member firms and their associated persons in April 2020 to remain “vigilant in their surveillance against cyber threats and take steps to reduce the risk of cyber events.” On…more

Business E-Mail Compromise (BEC), Coronavirus/COVID-19, Cybersecurity, FINRA, Fraud Alerts

See all updates »

TCPA & Consumer Calling - Monthly TCPA Digest - May 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory…more

ATDS, Faxes, FCC, Lack of Authority, Opt-Outs

See all updates »

Seventh Circuit Declines to Review Class Certification Order in Enormous Computer Privacy Class Action

In its recent decision in Harris v. comScore, Inc., the Seventh Circuit declined to review a trial court order certifying a plaintiff class consisting of hundreds of thousands of computer owners who downloaded software that…more

Class Action, Class Certification, Clickwrap Agreements, Computer Fraud and Abuse Act (CFAA), Data Collection

See all updates »

“When You Promise Security, You Need to Deliver Security”

If your company is marketing any smart device, particularly if the device is involved with home security and collects personal information from users, it’s time to pay attention to the story of Tapplock. Tapplock, Inc…more

Cybersecurity, Data Security, FTC, Internet of Things, Unfair or Deceptive Trade Practices

See all updates »

CCPA: When “Final” Doesn’t Mean What You Think It Means (with apologies to The Princess Bride)

Earlier this week, the California Department of Justice unexpectedly released a third set of proposed modifications to the CCPA regulations. This move took place only two months after the California Attorney General’s Office…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Corporate Counsel, Cybersecurity, Data Collection

See all updates »

Part Five of the COVID-19 Roadmap Series: Ensuring a Safe Workplace - COVID-19 Screening and Testing

In Part Five of our Roadmap Series, we take a closer look at COVID-19 screening and testing, including best practices and legal implications, as potential tools to maintain a safe workplace. Can We Screen Our Employees for…more

ADA, Coronavirus/COVID-19, EEOC, Employer Liability Issues, Employer Responsibilities

See all updates »

SEC Cybersecurity Initiative: Five Steps ALL Broker-Dealers and Investment Advisers Should be Taking

Last week, the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) released a Risk Alert announcing its Cybersecurity Initiative…more

Broker-Dealer, Cyber Attacks, Cyber Insurance, Cybersecurity, Cybersecurity Framework

See all updates »

The California Consumer Privacy Act – A Brief Guide for Covered Employers

The California Consumer Privacy Act becomes effective on January 1, 2020 with an amendment that impacts California employers. Covered businesses should, of course, already be in the process of preparing CCPA privacy notices and…more

California Consumer Privacy Act (CCPA), Consumer Privacy Rights, Cybersecurity, Data Collection, Data Protection

See all updates »

Tracking Kids Through Your App? Think Again.

Klepto Cats and Dogs have been “stealing” children’s personal information without parental consent and using it for targeted advertising. Bad dog! Well, almost. HyperBeard, Inc., a developer of apps popular with children under…more

Advertising, COPPA, Corporate Counsel, Cybersecurity, Data Collection

See all updates »

Trump Administration Botnet Report Will Impact IoT Device Makers – Things You Should Know

Manufacturers of wireless devices used for Internet of Things (IoT) applications should take heed of new Trump Administration proposals aimed at reducing the cybersecurity threats from botnets and other automated and distributed…more

Automation Systems, Bots, Critical Infrastructure Sectors, Cybersecurity, Data Security

See all updates »

FINRA Again Reminds Firms to Beware of Fraud during COVID-19 Pandemic

As we previously discussed, FINRA issued guidance to member firms and their associated persons in April 2020 to remain “vigilant in their surveillance against cyber threats and take steps to reduce the risk of cyber events.” On…more

Business E-Mail Compromise (BEC), Coronavirus/COVID-19, Cybersecurity, FINRA, Fraud Alerts

See all updates »

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Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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Children's Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

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  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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