The Supreme Court of Canada’s Denial of Leave to Appeal in the Intrusion Upon Seclusion Trilogy - On July 13, 2023, the Supreme Court of Canada denied leave to appeal from three Ontario Court of Appeal decisions declining...more
The Federal Trade Commission (FTC) issued a surprisingly strong warning to companies that they may face potential regulatory action if they fail to address known vulnerabilities, focusing in particular on the Log4j...more
What do businesses need to do to comply with privacy and data security laws? The first place to look is to relevant statutes. If you store or process the personal information of Massachusetts residents, then you will at...more
States Consider Privacy and Data Security Legislation - It’s that time of year again, when we see a flood of legislative activity at the state level on privacy and data security laws. A couple of recent examples are below....more
New York continued its active legislative session last week, this time by expanding its data breach notification law. The SHIELD Act (Stop Hacks and Improve Electronic Data Security), signed by Governor Andrew Cuomo on July...more
Cannabis/Marijuana- Bipartisan Coalition of 37 Attorneys General Submits Comment to FDA Regarding Cannabis Products- The National Association of Attorneys General (“NAAG”) submitted a comment to the U.S. Food and Drug...more
In the aftermath of Equifax’s data breach, a federal court recently found that allegations of poor cybersecurity coupled with misleading statements supported a proper cause of action. In its decision, the U.S. District Court...more
Editors’ Note: This is the fourth in a multi-part end-of-year series examining important trends in data privacy and cybersecurity during the coming year. Previous installments include analyses of HIPAA compliance, emerging...more
Following the recent Equifax data breach wherein millions of consumers’ private information may have been compromised, it is increasingly clear that consumer-interfacing businesses need to, and in some cases are required to,...more
A financial index provider foretold the Equifax Inc. data breach more than a year ago, warning that the rating agency “is vulnerable to data theft and security breaches.”...more
The cities of Chicago and San Francisco and the Massachusetts Attorney General have filed the first enforcement actions against Equifax following the announcement of a data breach affecting an estimated 143 million consumers....more
AG Elections- Democrat Aaron Ford Announces Bid for Nevada Attorney General- Democratic state Senate Majority Leader Aaron D. Ford announced his candidacy to become Nevada AG. He is the first major-party candidate to...more