News & Analysis as of May 17, 2025

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

Don’t Let Cyber Scams Ruin the Holidays: Keep the Holiday Season Festive for Your Organization

K2 Integrity on 12/20/2024

“It’s the most wonderful time of the year”—or is it? Unfortunately, it can be the most wonderful time for criminals, who try to prey on financial generosity through scams and frauds. Extra vigilance is needed during the...more

All Consuming - Financial Litigation Insights, Issue 10, 2022

Spilman Thomas & Battle, PLLC on 12/7/2022

A recent survey by PricewaterhouseCoopers revealed that U.S. executives now consider cyberattacks the number one risk their companies face. Concerns about cybersecurity have moved beyond the Chief Information Security Office...more

11th Circuit Adds to Circuit Split, Holding Threat of Future Harm and Associated Mitigation Efforts Is Not Enough to Confer...

Lowenstein Sandler LLP on 2/17/2021

Earlier this month, the Eleventh Circuit, in Tsao v. Captiva MVP Restaurant Partners, LLC, No. 18-14959, 2021 WL 381948 (11th Cir. Feb. 4, 2021), affirmed the dismissal of a class-action lawsuit brought on behalf of patrons...more

The Eleventh U.S. Circuit Wades into the Data-Breach-Standing Debate

Shook, Hardy & Bacon L.L.P. on 2/16/2021

Last week, in a 26-page opinion, the 11th U.S. Circuit Court of Appeals weighed in on two questions crucial to the viability of privacy and data breach litigation in federal court—and perhaps even in general. First, does a...more

Travel Giant Sabre Reaches Deal with State Attorneys General Over Data Breach

Sheppard Mullin Richter & Hampton LLP on 1/5/2021

The travel giant Sabre Corp. has reached an agreement with multiple State Attorneys General to pay $2.4 million and make certain changes in its cybersecurity policies to settle a multi-state investigation into a 2017 data...more

Privacy Tip #220 – Identity Theft Still in Top Three Frauds Reported to FTC

Robinson+Cole Data Privacy + Security Insider on 12/19/2019

Three million fraud cases were reported to the FTC in 2018, and 444,602 of them involved identity theft. These reported cases (just think of how high the statistic would be if all cases were reported) amounts to the third...more

Fort Worth Water Customers’ Credit Card Information Compromised

Robinson+Cole Data Privacy + Security Insider on 12/12/2019

Approximately 3,000 customers of the Fort Worth Water Department were notified recently that their credit card information may have been compromised as a result of a data breach suffered by its vendor, Click2Gov....more

FIN8 Back in Business Stealing Credit Card Information with Badhatch

Robinson+Cole Data Privacy + Security Insider on 7/26/2019

Security research firm Gigamon has reported that the nasty cybercriminal group FIN8 may have reappeared in June after a two year silence. FIN8 is known for implementing malware on point of sale systems to steal credit card...more

French Data Authority CNIL Issues Guidance On Credit Card Data

Fox Rothschild LLP on 3/6/2019

The French Data Protection Authority, CNIL, issues guidance on credit card data in remote transactions: Merchants who collect credit card detail to facilitate a transaction, need the consent of their customers to keep...more

The Weekly Privacy Rewind

BakerHostetler on 10/26/2018

Class Actions - Plaintiffs Seek Approval for $4.3 Million Settlement With Sonic in Credit Card Data Breach Suit • Following a variety of lawsuits against fast food chain Sonic Drive-In related to a 2017 credit card data...more

Objections Fall Short as Appeals Court Affirms Target Settlement

Patterson Belknap Webb & Tyler LLP on 6/19/2018

Last week, the U.S. Court of Appeals for the Eighth Circuit affirmed the district court’s approval of a $17 million settlement between Target Corp. and consumers whose credit card data was compromised in the 2013 data breach....more

The Economic Loss Doctrine as a Barrier to Data Breach Recovery

Bradley Arant Boult Cummings LLP on 5/17/2018

We recently commented on one hotly contested legal issue being addressed by the courts in data breach class action litigation, that of plaintiffs’ standing. Another issue that has been the subject of recent court activity in...more

Seventh Circuit: the economic loss doctrine precludes tort claims between participants in a contractual network that allocates...

Kilpatrick on 4/30/2018

Takeaway: Data breaches are now a fact of life, whether for card-carrying consumers or commercial entities that are either victims of hacking or otherwise required to deal with the consequences. Class action litigation often...more

Some Cyber Monday Shopping Tips

Foley Hoag LLP - Security, Privacy and the... on 11/27/2017

As you enjoy the holiday weekend, and even some Cyber Monday shopping, keep in mind these online shopping tips from the FTC: ..Know the seller and the item. Put the company or product name in a search engine, along with...more

Protecting Your Identity After a Data Breach

Jones Day on 9/21/2017

In light of recent high-profile breaches of highly sensitive data, this is a good time to remind individuals of how to protect their identity and credit information....more

Global Privacy & Cybersecurity Update Vol. 13

Jones Day on 3/15/2017

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

Eighth Circuit Undoes Target Data Breach Settlement Class

McGuireWoods LLP on 2/21/2017

The $10 million settlement class in the Target data breach case was unraveled by the Eighth Circuit Court of Appeals in a recent decision that will force the district court to address the impact of the Supreme Court’s...more

Eighth Circuit Remands Proposed Settlement in Target Data Breach Class Action

Ballard Spahr LLP on 2/3/2017

The Eighth Circuit Court of Appeals has remanded a $10 million settlement in the Target data breach class action on the grounds that the district court had not rigorously analyzed the propriety of the class certification. ...more

Data Privacy Day? Yep, it’s a Thing.

Snell & Wilmer on 1/30/2017

For a number of years now, January 28 has been marked as “Data Privacy Day” (or, for our European friends, “Data Protection Day”), and it is often overlooked observed in the United States, Canada, India and many European...more

Reduce Potential Liability for Data Security Breaches by Negotiating Coverage in Payment Processing Agreements

BCLP on 1/13/2017

Credit cards are the primary form of payment received by most retailers. In order to process a credit card, a retailer must enter into an agreement with a bank and a payment processor. Payment processing agreements often have...more

Over 3.1 Billion Records Breached So Far in 2016

Robinson+Cole Data Privacy + Security Insider on 12/16/2016

The tally of records breached in 2016 (through November) globally was over 2.1 billion, according to IT Governance. With the announcement yesterday of Yahoo’s breach of another 1 billion records, that tally is now up to 3.1...more

New FTC Data Breach Response Guidelines

Robins Kaplan LLP on 12/2/2016

Cybersecurity should always be at the top of any retailer’s priority list—and even more so as the holiday shopping season gets underway. To that end, the Federal Trade Commission’s newly-released Data Breach Response...more

A Closer Look at Cybersecurity Legislation and Regulations in the US and Abroad - Global Overview

WilmerHale on 3/7/2016

With interconnectivity and use of digital storage expanding, cyberthreats posed by nation states, commercial competitors, company insiders, transnational organised crime and ‘hacktivists’ are growing on a global basis. Recent...more

Uber class action case hits roadblock

Robinson+Cole Data Privacy + Security Insider on 11/2/2015

A California federal judge has ruled that a former Uber driver who is suing Uber in a proposed class action case was unable to show that he suffers an immediate threat of identity theft and dismissed the driver’s first...more

Could a Vendor’s Lax Info Security Ruin Your Holiday Sales? Seven Preventative Steps for Retailers

Perkins Coie on 10/26/2015

Many of the largest retailer data security breaches have been caused or enabled by the acts or omissions of retailers’ vendors, such as the widely publicized incident at Target Corporation. Several such breaches occurred...more

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