News & Analysis as of

Data Protection Investigations

Health Care Compliance Association (HCCA)

2nd Settlement Triggered by 2017 Ransomware Attack Costs WA Practice $100K; ‘Not a Breach’

Let’s review for a moment. It’s not a HIPAA violation to be a victim of ransomware. It’s not a HIPAA violation to pay a ransom. It’s up to the covered entity (CE) to determine if a security or privacy incident is a...more

Mitratech Holdings, Inc

The State of Ethics Hotlines in 2024

Leveraging 40,000 anonymous ethics hotline reports and expansive customer interviews, Syntrio’s latest analysis uncovers trends in misconduct, reporting, and more...more

American Conference Institute (ACI)

Making Victims Whole in a Multi-Jurisdictional Civil Fraud Case

Multi-jurisdictional civil fraud matters often present multiple challenges that make the tracing and recovery of assets a complex, costly, and time-consuming investigative process. Making a fraud victim whole again requires...more

Bradley Arant Boult Cummings LLP

Can Privacy Be Bought? How Scrutiny of Meta’s Subscription Model Has Wider Implications –PART II

In Part I, we discussed the European Commission’s (“Commission”) disapproval of Meta’s “pay or consent” subscription model. In Part II, we delve into the European Commission’s findings, prior findings by the European Data...more

Troutman Pepper

Does Every Incident Require a Forensic Report? - Dear Mary – Incidents + Investigations Cybersecurity Advice Column

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‘Dear Mary,’ is Troutman Pepper’s Incidents + Investigations team’s advice column. Here, you will find Mary’s answers to questions about anything and everything cyber-related – data breaches, forensic investigations, how to...more

Proskauer - Health Care Law Brief

As Scrutiny Escalates, DOJ Announces the Formation of the Health Care Monopolies and Collusion Task Force

The U.S. Department of Justice (“DOJ”) recently announced the creation of the Health Care Monopolies and Collusion Task Force (the “HCMC Task Force”) aimed at resolving antitrust issues in the health care industry. ...more

Troutman Pepper

That’s a Wrap…or Not? Regulatory Data Incident Investigation Resolutions and the Path Forward

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As we discussed in part three of this series, “Navigating the Complexities of Regulatory Data Incident Investigations,” when an organization is the subject of regulatory data incident investigations, it must navigate a...more

BCLP

CNIL's Strategic Focus Areas for Data Protection in 2024 The Summer Olympics and Beyond

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Each year, the CNIL selects key areas of high interest to concentrate its investigations and assess the compliance of select commercial sectors. On February 8, The CNIL announced its four main areas of focus for...more

McGuireWoods LLP

Can Any Data Breach Investigation Report Deserve Protection? Part III

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The last two Privilege Points have described yet another losing effort to protect a data breach investigation and related communications. In Leonard v. McMenamins Inc., Case No. C22-0094-KKE, 2023 U.S. Dist. LEXIS 217502...more

A&O Shearman

European Data Protection Board adopts report on Data Protection Officers

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The European Data Protection Board (EDPB) adopted a report on the challenges faced by Data Protection Officers (DPOs) (the Report) on 16 January 2024. This Report follows a coordinated investigation involving 25 EEA...more

BCLP

Employee Monitoring: Lessons from CNIL’s EUR 32M Fine Against Amazon France Logistique

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Following the publication of several press articles and employee complaints, the French data protection regulator (“CNIL”) carried out an investigation at the Amazon France Logistique’s (“Amazon”) warehouses. The CNIL's...more

Foley & Lardner LLP

Emerging Risks Affecting The Tech Legal Landscape

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In an era dominated by technological advancements, the tech industry has become a battleground for various legal challenges shaped by geopolitical events, partisan politics, regulatory initiatives, patent disputes and class...more

Mintz - Privacy & Cybersecurity Viewpoints

FCC Partners With States to Increase on Privacy and Data Protection Investigations, Signaling Increased Focus on Future...

The Federal Communications Commission (“FCC”) announced Thursday that in furtherance of the work of the agency’s Privacy and Data Protection Task Force, the FCC’s Enforcement Bureau signed Memoranda of Understanding (“MOU”)...more

Association of Certified E-Discovery...

Both Sides of the Coin: Employment Separation from Two Perspectives

Employee separation commonly involves investigations, litigation, and eDiscovery. Many employees continue to access information from their employers after separation and almost ¾ of employers report that they’ve been...more

Health Care Compliance Association (HCCA)

Privacy Briefs: October 2023

Report on Patient Privacy 23, no. 10 (October, 2023) Kaiser Foundation Health Plan Inc. and Kaiser Foundation Hospitals will pay California $49 million to resolve allegations that they unlawfully disposed of hazardous waste,...more

Health Care Compliance Association (HCCA)

Revised Privacy Rule May Not Emerge for Two Years; Info Blocking Penalty Regulation Published

Report on Patient Privacy Volume 23, no 7 (July 2023) In two public talks this spring, Melanie Fontes Rainer, director of the HHS Office for Civil Rights (OCR), said completing the 2021 proposed regulation extensively...more

Husch Blackwell LLP

California Attorney General Announces New CCPA Investigative Sweep of Employers

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Keypoint: The Attorney General’s investigatory sweep focuses on how large California employers are handling the expiration of the CCPA’s employee data exemption. On July 14, 2023, the California Attorney General announced a...more

HaystackID

[Webcast Transcript] Don’t Throw the Baby out with the Bathwater: Back to the Basics in AI for eDiscovery

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Editor’s Note: In this insightful transcript from an educational webcast hosted by HaystackID on June 28, 2023, our expert panel discussed the impact of generative AI that is currently dominating the dialogue within the legal...more

Jackson Lewis P.C.

CCPA-Covered Businesses Be On the Look Out for a Letter from the California Attorney General

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Though enforcement of the California Privacy Rights Act (CPRA) which amended the California Consumer Privacy Act (CCPA) has been paused for now, the State of California is not resting when it comes to compliance with the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity - June 2023

In our June Privacy & Cybersecurity Update, we review new data privacy laws in Colorado, Connecticut, Florida and Montana; Verizon’s annual Data Breach Investigations Report; AM Best’s report on cyber insurance trends; and...more

HaystackID

[Webcast Transcript] Proper Hygiene Matters: Three Cybersecurity, Privacy, and Data Protection Challenges and Solutions

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Editor’s Note: HaystackID hosted an educational webcast on March 15, 2023, to discuss the growing importance of cyber and data hygiene in the context of privacy, cybersecurity, and data protection. The webcast focused on how...more

Foley Hoag LLP - White Collar Law &...

Health Care Enforcement: Review of 2022 and A Look Ahead to 2023

This is the third part in our 2023 series examining important trends in white collar law and investigations. Up next: congressional investigations. Health care fraud enforcement remained a top priority at both the national...more

Lewis Roca

California AG Announces CCPA Investigative Sweep

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In advance of International Data Privacy Day, California Attorney General Rob Bonta announced on January 27, 2023, that his office had initiated an “investigative sweep” of businesses that may not be complying with the...more

Dechert LLP

Dechert Cyber Bits - Issue 27

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FBI Seizes Hive Ransomware Servers—Blocks US$130 Million in Demanded Ransoms - On January 26, Attorney General Merrick Garland announced that the Department of Justice dismantled the “Hive” ransomware group, which had...more

White & Case LLP

One step closer to mandatory whistleblower systems in Germany

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Following Germany's initial attempt last year to implement the EU Whistleblower Directive (Directive (EU) 2019/1937), aimed at ensuring harmonized and improved protection of whistleblowers throughout Europe, the Federal...more

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