News & Analysis as of

Breach Notification Rule Class Action

Morrison & Foerster LLP

Litigation Readiness: Seven Things to Keep in Mind

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Data breach class actions continue to rise, following almost inevitably from nearly every major security incident. Here are seven things in-house counsel can do to prepare for that anticipated litigation....more

Perkins Coie

Security Breach Notification Chart - September 2023

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Perkins Coie's Privacy & Security practice maintains this comprehensive chart of state laws regarding security breach notification. The chart is for informational purposes only and is intended as an aid in understanding each...more

ArentFox Schiff

February Privacy Report: FTC Expands Its Use of “Unfairness” Authority in GoodRx Matter

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GoodRx Faces Million Dollar Proposed Penalty from FTC in First Enforcement Action Under the Health Breach Notification Rule - Settlement reveals views on application of unfairness authority to sharing of sensitive...more

BakerHostetler

AD-ttorneys@law - February 2023 #2

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Getty Images Sues AI Image Generator for Copyright Violations - The intersection of artificial intelligence and copyright law is still being mapped....more

Eversheds Sutherland (US) LLP

FTC diagnoses common digital practices as both UDAP and breach

In a groundbreaking decision, the Federal Trade Commission (FTC) announced it was diagnosing GoodRx’s use of tracking pixel codes and analytics, its digital strategy, as not only an unfair or deceptive act or abusive practice...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Learning From Data Breach Cases To Reduce Legal Risk

The average cost of a data breach is on the rise. According to the 2022 ForgeRock Consumer Identity Breach Report, the average cost in 2021 of recovering from a data breach in the U.S. is $9.5 million — an increase of 16%...more

Lowenstein Sandler LLP

Subrogation Actions Following Ransomware Claims: What Policyholders Should Expect in the Ever-Changing Cyber Insurance Market

Ransomware attacks continue to challenge U.S. companies, with cybercriminals now routinely extorting companies for multimillion-dollar payouts. A company that experiences an attack will likely seek coverage under its cyber...more

Jackson Lewis P.C.

Court Denies Motion For Class Certification In Employee W-2 Data Breach Litigation

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In recent years, there has been an uptick of W-2 phishing scams, and their consequences for an employer extend well beyond leaked data, including potential employee class action litigation. Just last week, a federal court in...more

Jones Day

Data Breach Class Actions in Australia

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Australia has started to observe a rise in the number of data breach class actions being investigated and filed, although there has not yet been a successful data breach class action there. A range of factors are at play...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - August 2017

Ninth Circuit Finds in Spokeo Remand That Certain Statutory Violations Can Satisfy Article III’s Standing Requirement - In a highly anticipated decision, the Ninth Circuit ruled that violations of the Fair Credit Reporting...more

Bennett Jones LLP

Cybersecurity: 2017 Report & 2016 Reflections - What Businesses and Boards Need to Know

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In 2016, cybersecurity continued to grow as a primary business risk for companies worldwide. Data breaches continued to escalate both in number and magnitude and the landscape of legal and regulatory liability evolved and...more

Manatt, Phelps & Phillips, LLP

Retail and Consumer Products Law Roundup - June 2016

President Signs Legislation Modernizing Federal Chemical Regulation Law - Overhaul of Toxic Substances Control Act (TSCA) has important business implications for consumer product manufacturers and retailers. ...more

Blake, Cassels & Graydon LLP

Legal Trends: Cybersecurity

New privacy torts have recently emerged in certain Canadian jurisdictions, including intrusion upon seclusion and publicity given to private life. Intrusion upon seclusion allows a plaintiff to sue if (1) a person has...more

Carlton Fields

EXPECT FOCUS: Onboard Technology, NAIC Cybersecurity, DOL, ACA Litigation, SEC Regulation (Vol. III, Summer 2015)

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In This Issue: IN THE SPOTLIGHT - - Your Data Breach Collided With My Personal Injury Coverage LIFE INSURANCE - - Phantom Injury Dooms “Shadow Insurance” Case - Latest NAIC Cybersecurity News ...more

Manatt, Phelps & Phillips, LLP

Advertising Law - September 2015 #2

FTC Reviews Kids’ Apps for Privacy Progress - Three years after conducting a survey on apps directed to children, the Federal Trade Commission’s Office of Technology Research and Investigation decided to check back with...more

McNees Wallace & Nurick LLC

Ashley Madison Breach Another Warning To Companies

Add dating website Ashley Madison to the list of large companies like Target, Home Depot and Michael’s that have had customer information stolen by hackers. Published reports say Ashley Madison is now facing multiple lawsuits...more

Foley & Lardner LLP

Cybersecurity Update - July 2015

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Employees are the front line of your information security defense. While technological protections are essential (for example, anti- virus software, firewalls, spam filters, etc.), none are as effective as a vigilant end...more

Manatt, Phelps & Phillips, LLP

Advertising Law - May 2015 #2

Data Breach Notification, Cyber Sharing Bills Move Forward - As multiple privacy and data security bills wend their way through the legislative process, three proposals have made significant steps forward. ...more

Cooley LLP

Blog: Class Action Following Health Information Data Breach

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As we discussed in our previous post, Premera Blue Cross (Premera) recently revealed that it suffered a massive data breach potentially exposing the personal data of 11 million customers. ...more

Manatt, Phelps & Phillips, LLP

Advertising Law - February 2015 #3

FCC Chair Announces New Net Neutrality Regs - The battle over net neutrality took a new turn when Federal Communications Commission Chairman Tom Wheeler announced his intention to reclassify broadband service as a...more

Proskauer Rose LLP

Responding to the Anthem Cyber Attack

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Anthem Inc. (Anthem), the nation's second-largest health insurer, revealed late on Wednesday, February 4 that it was the victim of a significant cyber attack. According to Anthem, the attack exposed personal information of...more

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