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On Friday afternoon an Illinois intermediate appellate court decided that the bar for a plaintiff bringing a class action lawsuit under the Illinois Biometric Information Privacy Act (BIPA) is low, creating a conflict with...more
An enhanced resource for analysis of data breach notification laws for all 50 states is now just a click away. BakerHostetler combined two of its state breach notification law resources (a summary of the laws and a guide to...more
In this month's edition of our Privacy & Cybersecurity Update, we examine California's new sweeping privacy law, two U.S. agencies' report on "botnet" threats and the European Parliament's call to suspend the Privacy Shield....more
Snell & Wilmer’s Breach Response Team regularly guides clients through all phases of data breach and cyber incident response, including leading internal investigations related to data breaches and cyber incidents in...more
In less than four months, the General Data Protection Regulation (the "GDPR" or the "Regulation") will take effect in the European Union/European Economic Area, giving individuals in the EU/EEA greater control over their...more
The average cost of a data breach, on both an aggregate and a per-record basis, has decreased slightly according to the Ponemon Institute's 2017 Cost of Data Breach Study: Global Overview. In addition to presenting recent...more
As reported in our 2017 Data Security Incident Response Report, plaintiffs allege potential future harm as a basis for injury in 80 percent of data breach lawsuits. But are allegations of future harm sufficient to meet...more
China's new Cybersecurity Law ("new Law") is set to come into effect on June 1, 2017, and introduces sweeping provisions that may have a significant impact on companies doing business in and with China. To provide guidance on...more
By following trends and monitoring successful defenses in data breach litigation, companies can often avoid the reputational harm caused by making headlines. For most companies,it is not a question of whether they have been...more
The U.S. Court of Appeals for the Fourth Circuit has made it more difficult to establish Article III standing in data breach cases both at the pleading stage and at summary judgment by requiring plaintiffs to allege and show...more
Another court has contributed to the ongoing debate over the scope of the term “personally identifiable information” under the Video Privacy Protection Act – a statute enacted in 1988 to protect the privacy of consumers’...more
The attached chart constitutes a summary of the laws of various jurisdictions that govern data breach notifications....more
The general definition of “personal information” used in the majority of statutes is: An individual’s first name or first initial and last name plus one or more of the following data elements: (i) Social Security number, (ii)...more
One obstacle for named plaintiffs in proposed data breach class actions is the extent to which plaintiffs must allege an injury-in-fact to have standing. Disputes often arise about whether proactive efforts to mitigate...more
As data breaches and their related obligations and liability risks continue to pile up with every passing year, we asked attorneys writing on JD Supra to answer the question: What will be among the defining issues for...more
A New York district court opinion is the latest addition to our watch of ongoing VPPA-related disputes, a notable decision on the issue of what exactly is a disclosure of “personally identifiable information” (PII) under the...more
As multinational employers are aware, data privacy laws can vary greatly from jurisdiction to jurisdiction. Ensuring compliance with the different requirements can be challenging, and the penalties for noncompliance can be...more
Does your company rely on Safe Harbor to transfer personal data from Europe to the US? If so, it’s time to think about alternatives to Safe Harbor – and fast....more
While the familiar axiom of “train your employees” is still relevant - it is becoming insufficient; beyond simply knowing what to do, more and more employees must affirmatively act to pursue their company’s cybersecurity...more
The Delaware Online Privacy and Protection Act takes a broad approach to the collection and disclosure of personally identifiable information. Delaware Governor Jack Markell recently signed the Delaware Online Privacy...more
Section 1692f(8) of the Fair Debt Collection Practices Act (“FDCPA”) prohibits the use of any language or symbol, other than the debt collector’s address, on any envelope when communicating with a consumer by mail. The...more
Passed in 1988, the VPPA prohibits a “video tape service provider” from “knowingly” disclosing a consumer’s “personally identifiable information” (“PII”) to third parties without his or her consent. The VPPA defines a “video...more
Wearables are a fast-growing segment of the consumer technology market. But how will these new devices affect the field of intellectual property law? Attorneys Seth Northrop and Aaron Fahrenkrog discuss patent damages,...more