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Data Security Corporate Counsel Data Breach

Fisher Phillips

Disclosure of Data Through Website Cookies May Be a Data Breach – What A Recent Court Ruling Means for Healthcare Businesses

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A California federal court recently ruled that disclosure of certain data collected through website cookies that may qualify as health information could trigger a data breach under the California Consumer Privacy Act (CCPA) –...more

Alston & Bird

Dutch Data Protection Authority Warns that Using AI Chatbots Can Lead to Personal Data Breaches

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On August 6th, the Dutch Data Protection Authority (DPA) issued guidance cautioning companies about the potential data protection risks associated with the use of Artificial Intelligence (AI)-powered chatbots....more

Blake, Cassels & Graydon LLP

Invasion of the Data Snatchers: B.C. Court of Appeal Clarifies Possible Scope of Privacy Claims Against Data Custodians in Data...

On July 4, 2024, the B.C. Court of Appeal issued a duo of class action appeal decisions considering the potential scope of statutory and common law privacy claims against data custodians that fall victim to cyberattacks in...more

Fisher Phillips

Florida Governor Vetoes Cybersecurity Data Breach Immunity Bill: 4 Things Businesses Can Do to Prevent Data Breach Claims

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To the surprise of some, Governor DeSantis recently vetoed a bill that would have provided businesses with a defense to claims arising from “cybersecurity incidents” that lead to data breaches – so long as they met a few...more

Alston & Bird

Top 10 Issues General Counsel Need to Know About Ransomware in 2024

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Threat actors are evolving. Our Privacy, Cyber & Data Strategy Team explains how ransomware gangs have changed their tactics and how companies can respond to the threat while navigating new scrutiny from investors and...more

Morgan Lewis

Global Privacy: Year in Review and a Look Forward, 2023–2024

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The world is witnessing a flurry of activity surrounding issues of data protection, cybersecurity, artificial intelligence (AI), and consumer privacy. According to the National Conference of State Legislators, some 40 US...more

Holland & Knight LLP

Holland & Knight Data Privacy and Security Report: December 2023

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Welcome to Holland & Knight's monthly data privacy and security news update that includes the latest in policy, regulatory updates and other significant developments....more

Shook, Hardy & Bacon L.L.P.

Illinois Appellate Decisions Highlight Evolving Landscape of Data Breach Litigation

Illinois is a major destination for putative class actions arising out of data incidents such as ransomware and other attacks. The cases rarely involve actual demonstrable misuse of personal identifying information (PII)....more

Locke Lord LLP

More Safe Harbor Protections for Navigating Cyber and Privacy Litigation

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Cybersecurity and data privacy risks continue to loom large with potentially significant consequences. Litigation, often filed soon after incidents, adds to the possible repercussions. In our previous article, we discussed a...more

WilmerHale

FTC Announces Enforcement Action Against Global Tel*Link Corporation for Unfair Data Security Practices and Inadequate Data Breach...

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On November 16, the Federal Trade Commission (FTC) announced an enforcement action against Global Tel*Link Corporation and two of its subsidiaries (collectively, “GTL”), which provide communications and payment services to...more

Neal, Gerber & Eisenberg LLP

Client Alert: Beware of Fake CTA Reporting Requests

The Corporate Transparency Act (CTA), a law intended to enable the Financial Crimes Enforcement Network (FinCEN) to detect shell companies and protect the U.S. financial system from abuse by money launderers, drug...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

Perkins Coie

2023 Breach Notification Law Update: Changes to Notification and Security Requirements Continue at State and Federal Levels

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A flurry of legislative activity over the past year has brought meaningful changes to a variety of privacy and security provisions in state and federal law. At the state level, as in 2022, we have seen a handful of changes to...more

Constangy, Brooks, Smith & Prophete, LLP

Texas amends data breach reporting requirements

Texas recently amended its breach notification statute to shorten the time businesses have to notify the state Attorney General after a data breach affecting 250 or more Texas residents. As of September 1, businesses must...more

Orrick, Herrington & Sutcliffe LLP

11th Circuit orders reexamination of breach class boundaries

On July 11, a split U.S. Court of Appeals for the Eleventh Circuit partially vacated the greenlighting of two data breach class actions, holding that a district court must re-analyze the boundaries of the classes. Both the...more

Baker Donelson

MOVEit Transfer Zero-Day Vulnerability: What Companies Need to Know

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On May 31, 2023, renowned managed file transfer solution provider Ipswitch, Inc. revealed a zero-day vulnerability in its flagship solution, MOVEit Transfer, that can enable mass data theft from thousands of organizations....more

Jenner & Block

Evolving Caremark Duties Related to Cybersecurity Risks

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In the recent case Construction Industry Laborers Pension Fund on behalf of SolarWinds Corporation, et. al v. Mike Bingle, et al. (2022), the Delaware Chancery Court considered whether the directors of SolarWinds Corporation,...more

Sheppard Mullin Richter & Hampton LLP

Utah Amends Data Breach Law, Creates Cyber Center

Utah’s breach notification requirements will change on May 3, 2023. The recently amended data breach notification law now requires companies to notify the Attorney General for a breach involving 500 or more state residents....more

Alston & Bird

EU Supervisory Authorities Clarify Breach Notification Requirements

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Background - On April 4th, 2023, the European Data Protection Board (‘EDPB’), which is composed of representatives of the EU national supervisory authorities and the European Data Protection Supervisor (‘EDPS’), published an...more

Davis Wright Tremaine LLP

The Clock Is Ticking: HIPAA Small Breach Notifications Due March 1

HIPAA-covered entities must notify the U.S. Department of Health and Human Services Office for Civil Rights (OCR) of "small" breaches of unsecured protected health information that were discovered during calendar-year 2022 no...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Backs Away from Deciding Scope of Attorney-Client Privilege

The Supreme Court has declined, for now, to decide when attorney-client privilege will apply to communications viewed by courts as made for both legal and other purposes.  In October 2022, the Court granted certiorari in In...more

Ballard Spahr LLP

2023 Privacy and Data Security Preview

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2022 proved to be an historic year for privacy and data security. Connecticut and Utah joined the list of states that have now passed comprehensive data privacy laws, bringing the total to five (5) states. For the first...more

Bennett Jones LLP

British Columbia Employer Found Vicariously Liable for Data Breach

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The Ontario Court of Appeal recently released a trilogy of decisions (Winder v. Marriott International, Inc., 2022 ONCA 815; Obodo v. Trans Union of Canada, Inc., 2022 ONCA 814; Owsianik v. Equifax Canada Co., 2022 ONCA 813)...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - March 6th - 9th, Phoenix, AZ

Designed for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy is ideal for practitioners who want a deeper understanding of effective compliance management in a...more

Kilpatrick

Data breach class actions: SDNY finds standing based on sketchy injury-in-fact allegations

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Takeaway: Ever since the U.S. Supreme Court ruled in Clapper v. Amnesty Int’l USA, 568 U.S. 398, 416 (2013), that plaintiffs “cannot manufacture standing merely by inflicting harm on themselves based on . . . hypothetical...more

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