On June 18, 2024, the Securities and Exchange Commission (“SEC”) announced a $2.1 million civil penalty settlement of charges against R.R. Donnelley & Sons (“RRD”), a global provider of business communications services and...more
A spate of recent ransomware attacks illustrates the increasingly difficult calculations that businesses face following the theft or encryption of their data....more
State regulators across the country continue to increase their focus on cyber security and data privacy compliance and enforcement. For years, cloud company Blackbaud, a service provider to thousands of nonprofit enterprises,...more
12/8/2023
/ Cybersecurity ,
Data Breach ,
Data Protection ,
Data Security ,
Enforcement Actions ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incident Response Plans ,
Personally Identifiable Information ,
Popular ,
Ransomware ,
Settlement
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
In the wake of a data breach, counsel will often require the assistance of a forensic firm in order to provide legal advice to their client. The forensic analysis—which is often memorialized in a report to counsel—is crucial...more
A federal court recently added additional wrinkles to one of the most important aspects of responding to a data breach: a forensic investigative report. The court ordered a law firm to turn over a report produced by a...more
On December 13, the software and service provider SolarWinds announced that its Orion software platform had been the target of a sophisticated cyber-attack that may have resulted in malicious code being pushed to as many as...more
As we previously reported, Capital One Financial Corporation announced in July 2019 a major data security breach when an individual gained unauthorized access to personal information about Capital One credit card customers. ...more
8/14/2020
/ Capital One ,
Cyber Attacks ,
Data Breach ,
Data Protection ,
Data Security ,
Financial Services Industry ,
Fines ,
Hackers ,
OCC ,
Personally Identifiable Information ,
Popular ,
Settlement Agreements
Last Thursday, Governor Cuomo signed New York’s latest data security bill – the Stop Hacks and Improve Electronic Data Security, or “SHIELD” Act. The Act, which we have followed on this blog since November 2017, imposes new...more
The U.S. Office of Personnel Management (“OPM”) made headlines when several hacks of confidential data came to light in 2015, intrusions that compromised the personal data of over 20 million individuals. On July 21, 2019, in...more
7/16/2019
/ Article III ,
Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Hackers ,
Identity Theft ,
Office of Personnel Management (OPM) ,
Personally Identifiable Information ,
Popular ,
Standing
The New York State Senate recently passed The Stop Hacks and Improve Electronic Data Security Act, or SHIELD Act, leaving only the Governor’s signature as the final step to the SHIELD Act becoming the country’s newest—and one...more
An obscure federal law called the SAFETY Act recently captured national headlines when MGM Resorts International invoked it in a series of pre-emptive, declaratory judgment law suits against the victims of the 2017 Route 91...more
Six months after a massive data breach at credit reporting company Equifax, Inc. handed hackers the personal information of nearly 150 million Americans, the fallout continues. Equifax first disclosed in September that...more
With new developments regarding Uber Technologies Inc.’s 2016 data breach coming out almost daily, lawsuits against the company continue to pile-up. We previously reported that within days of Uber disclosing the data theft...more
12/5/2017
/ Breach of Contract ,
Class Action ,
Computer Fraud and Abuse Act (CFAA) ,
Consumer Fraud ,
Cyber Attacks ,
Cyber Crimes ,
Data Breach ,
Hackers ,
Invasion of Privacy ,
Negligence ,
Pending Litigation ,
Personally Identifiable Information ,
Ridesharing ,
Sharing Economy ,
Uber ,
Unjust Enrichment
Boards of directors remain increasingly exposed to the threat of liability arising from data breaches and other cyber-incidents.
Nearly a year ago, Senators Jack Reed and Susan Collins introduced the Cybersecurity...more
Last month, the Federal Trade Commission’s Chief Administrative Law Judge dismissed the Commission’s long-running data security case against LabMD because it failed to prove that there was an actual or reasonably imminent...more