As we turn the page on 2018, let’s reflect on some of the key privacy and cybersecurity issues that will continue to occupy our hearts and minds in 2019....more
1/4/2019
/ California Consumer Privacy Act (CCPA) ,
Carpenter v US ,
Cybersecurity ,
Data Breach ,
Data Security ,
Internet of Things ,
Marriott ,
Personally Identifiable Information ,
Popular ,
Regulatory Oversight ,
Securities and Exchange Commission (SEC) ,
State Data Breach Notification Statutes ,
Verizon ,
Yahoo!
The Pennsylvania Supreme Court has drastically changed the data breach litigation landscape by holding that an employer has a common law duty to use reasonable care to safeguard its employees' personal information stored on...more
11/28/2018
/ Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Security ,
Economic Loss Doctrine ,
Employer Liability Issues ,
Employment Litigation ,
Identity Theft ,
Negligence ,
PA Supreme Court ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Reasonable Care
This month marks fifteen years of observing National Cyber Security Awareness Month (NSCAM) in October. The program was started way back in 2004, by the U.S. Department of Homeland Security and the National Cyber Security...more
Alabama has officially joined the data breach notification party. Alabama Governor Kay Ivey signed Act No. 2018-396 into law on March 28, 2018. The law will take effect on May 1, 2018....more
The average cost of a data breach, on both an aggregate and a per-record basis, has decreased slightly according to the Ponemon Institute's 2017 Cost of Data Breach Study: Global Overview. In addition to presenting recent...more
6/29/2017
/ Corporate Counsel ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Breach Costs ,
Data Protection ,
Data Security ,
Hackers ,
Personally Identifiable Information ,
Popular ,
Young Lawyers
New Mexico recently became the 48th state to enact a data breach notification law. This continues the accelerated pace of state data breach legislative activity in the last two years. Since 2015, at least 41 states have...more
The Federal Trade Commission (FTC) has entered into a multimillion dollar settlement with the owners and operators of AshleyMadison.com, a dating website for people interested in having discreet affairs, related to the...more
12/16/2016
/ Adultery ,
Ashley Madison ,
Cyber Attacks ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Security ,
Dating Services ,
Federal Trade Commission (FTC) ,
Fines ,
Hackers ,
Internet ,
Marriage ,
Misrepresentation ,
Online Platforms ,
Personally Identifiable Information ,
Popular ,
Settlement ,
Spouses ,
Website Owner Liability ,
Websites
The Federal Trade Commission (FTC) has issued an Opinion and Final Order finding that the data security practices of LabMD, Inc. were unreasonable, and therefore constituted an unfair act or practice in violation of Section 5...more
8/15/2016
/ Administrative Law Judge (ALJ) ,
Data Breach ,
Data Security ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
File Sharing ,
FTC Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
LabMD ,
Likelihood of Harm ,
p2p ,
Popular ,
Section 5
In a pair of highly anticipated decisions, the Ninth Circuit significantly reshaped criminal and civil liability under the federal Computer Fraud and Abuse Act (CFAA). The court’s recent decisions in United States v. Nosal...more
7/18/2016
/ Civil Liability ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Criminal Liability ,
Data Security ,
Economic Espionage Act ,
Electronically Stored Information ,
Facebook ,
Former Employee ,
Misappropriation ,
Passwords ,
Popular ,
Trade Secrets ,
Unauthorized Access ,
US v Nosal ,
Websites
The Pennsylvania Superior Court has affirmed a trial court's decision denying class certification in a data breach case against two health plans, reversing its own earlier ruling in the same case that the plaintiff did not...more
The Consumer Financial Protection Bureau (CFPB) has announced its first data security enforcement action. Since the 1990s, the Federal Trade Commission (FTC) has primarily taken on the role as the de facto federal regulator...more
Nearly three in five Californians were victims of a data breach in 2015, according to a report released by state Attorney General Kamala D. Harris. The report adopts minimum standards of ''reasonable security'' for personal...more