News & Analysis as of

Point of Sale Terminals

NIST Cybersecurity Framework 1.1: A blueprint for compliance and assurance

by Womble Bond Dickinson on

In February 2014 the U.S. National Institute of Standards in Technology (‘NIST’) published the ?rst NIST Cybersecurity Framework, responding to an Executive Order on improving critical infrastructure cybersecurity issued by...more

CMS Continues to Focus Medicare Plans on Preventing Opioid Abuse

As we highlighted earlier this month, CMS released both the Contract Year 2019 Final Rules for Medicare Advantage and Part D (Final Rules) and the 2019 Call Letter. These documents are not typically released at the same time,...more

Seventh Circuit lets data breach suit proceed for credit monitoring and lost use of credit card damages

by Thompson Coburn LLP on

In a blow to retailers and other businesses subjected to data breaches, the Seventh Circuit has reinstated a class action brought by consumers against Barnes & Noble arising from a 2012 breach. Two class representatives sued...more

Credit Card Evolution: Goodbye John Hancock

by Goulston & Storrs PC on

For years, the signature requirement for completing a credit card transaction has felt something like an obsolete means of confirming a user’s identity. ...more

Seventh Circuit Reinstates Barnes & Noble Data Breach Class Action

by Ballard Spahr LLP on

The U.S. Court of Appeals for the Seventh Circuit has reinstated a data breach class action filed against Barnes & Noble (B&N).  The litigation, styled as Dieffenbach v. Barnes & Noble, Inc., now heads back to the U.S....more

FDIC Fines Bank $2 Million and Requires Restitution for Violations of the Federal Trade Commission Act

by Weiner Brodsky Kider PC on

The FDIC has issued a Consent Order against a Bank for the Bank’s alleged violation of the Federal Trade Commission Act. In the Consent Order, the FDIC claims that the Bank assessed transaction fees that were greater than...more

New Security Standard for PINS Will Give Retailers Less Costly Processing Options

by Bryan Cave on

A new standard published by the Payment Card Industry Security Standards Council (“PCI SSC”) may make it easier and less costly for retailers to take advantage of lower cost PIN based transactions in card present scenarios....more

In Proposed Regulations CMS Requests Information on Changes to Part D Negotiated Prices

Today, January 16, 2018 is the deadline for interested parties to submit comments to CMS regarding the proposed contract year 2019 Medicare Advantage and Part D regulations. The proposed rule focuses on many issues. In...more

Financial Services Quarterly Report - Fourth Quarter 2017: Hong Kong’s New Asset Management Regulations

by Dechert LLP on

The Hong Kong Securities and Futures Commission (SFC) on 16 November 2017 published its Conclusions on its one-year consultation in relation to enhancement of asset management regulation and point-of-sale transparency...more

Prop. 65 Point-of-Sale Warnings Expiring for BPA in Food and Beverage Products

by Bryan Cave on

The California Proposition 65 regulation allowing a point-of-sale warning for bisphenol-A (BPA) in food and beverage products expires on December 30, 2017. After that date, retailers and manufacturers likely cannot rely on...more

Food & Beverage Litigation Update | December 2017#2

by Shook, Hardy & Bacon L.L.P. on

A state senator in Pennsylvania has reportedly announced plans to introduce a bill that would bar any municipality in the state from levying a tax on sugar-sweetened beverages (SSBs). If enacted, the bill could invalidate the...more

Following Federal Courts’ Lead, North Carolina Superior Court Dismisses No-Injury Class Action For Lack of Standing

The United States Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), which holds plaintiffs without concrete injury lack standing to sue in federal court, relies on federal constitutional and...more

Another Restaurant And Its Owners Nabbed For Using Zapper Software

by Fox Rothschild LLP on

Earlier this week Michigan Attorney General Bill Schuette announced that a sushi restaurant outside Detroit has been ordered to pay nearly $1 million in restitution and to serve a five-year sentence of probation for...more

New PA Driver’s Licenses and Photo ID Cards

Earlier this year, PennDOT began issuing new format PA driver’s licenses and photo ID cards. The newly-designed cards will be phased in over a four-year renewal cycle until all licenses and photo IDs issued are in the new...more

Juicing Up Your Policies: How To Protect Your Trade Secrets

Recently, popular Southern California juice and aguas frescas chain Green Crush filed suit against up-and-coming rival juice bar Paradise Splash and several individuals. The lawsuit, filed in the U.S. District Court for the...more

Second Circuit Holds Procedural FACTA Violation Insufficient to Establish Standing

by Fenwick & West LLP on

The U.S. Court of Appeals for the Second Circuit added its voice to the chorus of circuit courts of appeal to hold that allegations that defendants included the first six and last four digits of a plaintiff’s credit card...more

IRS and States Crack Down on POS Systems: Zapper Software

by Bowditch & Dewey on

A good point of sale (“POS”) system is critical for any business engaged in sales to the public and having one in place goes a long way to ensuring that revenue and profits are being reported properly to federal, state and...more

Get Ready for New Data Transfer Security Standard for POS Systems

by Bryan Cave on

Retailers are still feeling the pain from implementing EMV-compliant POS systems. An article by Kate Fitzgerald in the PaymentsSource Technology newsletter (August 8, 2017) caught our eye....more

Kmart Breach Settlement of $6.9M With Banks Approved by Court

Kmart’s proposed settlement with banks that had to reimburse customers following Kmart’s 2014 data breach was approved by an Illinois federal judge last week with one caveat: he wants to see how much each bank is being paid...more

Brooks Brothers Reports Payment Card Data Breach

A lawyer’s nightmare: retailer Brooks Brothers announced late last week that it has become the newest retailer to suffer a payment card data breach. According to Brooks Brothers, which is calling it a “data incident”,...more

Dismissal in Michael Stores Data Breach Case

In the latest decision on Article III standing in a data breach case, the U.S. Court of Appeals for the Second Circuit ruled that a credit card holder – who neither pleaded specific facts about the time or effort spent...more

Advertising Litigation Report: Vol. 2, No. 2 - Consumer Privacy and Data Security

Judge Trims Proposed Class Action Over Wendy’s Data Breach - Torres v. Wendy’s Int’l, LLC, No. 16-cv-0210 (PGB) (DCI) (M.D. Fla. Mar. 21, 2017). A U.S. district court judge in Florida trimmed a proposed class action...more

Arby’s Whacked with More Data Breach Class Action Lawsuits

As we previously reported, Arby’s was hit with malware that infected over 1,000 of its fast food locations throughout the U.S. between October 25, 2016, and January 19, 2017, and was hit with multiple class action suits over...more

2nd Circuit hears data breach argument: Is fear of harm sufficient for Article III standing?

by Thompson Coburn LLP on

The 2nd Circuit recently heard oral argument in Whalen v. Michael Stores, Inc., No. 16-260, a data breach case involving credit card data. Whether or not the 2nd Circuit follows the 7th Circuit’s lead (established in the...more

A Ninth Circuit Blueprint for a RICO Class Action

Takeaway: Civil RICO claims usually present complex issues. As civil causes of action predicated on violations of criminal law, a RICO plaintiff must prove (1) conduct (2) of an enterprise (3) through a pattern (4) of...more

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Cybersecurity

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