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State Law Developments In Consumer Privacy

The California Consumer Privacy Act (CCPA), which goes into effect January 1, 2020, is considered the most expansive state privacy law in the United States. Organizations familiar with the European Union’s General Data...more

New Jersey Bills Would Give Consumers Control Over Their Personal Data Privacy

New Jersey has joined a growing list of states considering legislation on data privacy to promote transparency, accountability, and individual choice. One bill would create new obligations for commercial entities whose online...more

NJ Amendment To Data Breach Notification Law, Moves To Governor

In light of several large-scale breaches of late, the New Jersey General Assembly is taking steps to enhance the state’s data breach notification requirements. In late February, Assembly Bill 3245 (AB 3245), introduced by...more

California AG Announces Amendment To The CCPA

On February 25, 2019, California Attorney General Xavier Becerra and Senator Hannah-Beth Jackson introduced Senate Bill 561, legislation intended to strengthen and clarify the California Consumer Privacy Act (CCPA), which was...more

California Consumer Privacy Act: FAQs For Employers

Data privacy and security regulation is growing rapidly around the world, including in the United States. In addition to strengthening the requirements to secure personal data, individuals are being given an increasing array...more

Privacy And Cybersecurity Issues To Watch In 2019

Privacy and cybersecurity risks continue to emerge for organizations large and small. While by no means exhaustive, we briefly discuss some key issues that organizations may need to focus on in 2019 and beyond....more

ONC And OCR Update HIPAA Security Risk Assessment Tool For National Cyber Security Awareness Month

October 2018 marks the 15th annual National Cyber Security Awareness Month. In honor of this occasion, the Office of the National Coordinator for Health Information Technology (ONC) and the HHS Office for Civil Rights (OCR)...more

California Consumer Privacy Act Amendment Signed Into Law

On September 23, 2018, Governor Jerry Brown signed into law SB-1121 amending certain provisions of the California Consumer Privacy Act of 2018 (CCPA) which was enacted in June of this year. As we reported previously, CCPA...more

California May Lower the Standing Threshold in Data Breach Litigation

A key issue for any business facing class action litigation in response to a data breach is whether the plaintiffs, particularly consumers, will have standing to sue. Standing to sue in a data breach class action suit,...more

Fourth Circuit Weighs In On Standing In Data Breach Litigation

Cybersecurity incidents are on the rise, and so too is data breach litigation brought by plaintiffs who allege they were harmed by the unauthorized exposure of their personal information. Federal circuits across the United...more

California Governor Signs Into Law Groundbreaking Consumer Protection Law

As we reported earlier this week, California legislature Democrats reached a tentative agreement with a group of consumer privacy activists spearheading a ballot initiative for heightened consumer privacy protections, in...more

Virginia Updates Its Data Breach Notification Law To Include Tax Preparers

For the second consecutive year Virginia has amended its data breach notification law. In March 2017, in light of a warning issued by the IRS to all employers regarding the resurgence of a W-2 based cyber scam, Virginia...more

Louisiana Updates Its Data Breach Notification Law

And now it’s Louisiana’s turn! After several states recently enacted or strengthened existing data breach notification laws (Colorado, Arizona, South Dakota and Alabama just to name a few…), on May 20th , Louisiana Governor...more

Arizona Updates Its Data Breach Notification Law

Last month, South Dakota and Alabama became the final two states to enact a data breach notification law. In addition, many other states, in response to trends, heightened public awareness, and a string of large-scale data...more

The FTC Announces A National Cybersecurity Education Campaign For Small Businesses

The Federal Trade Commission (FTC) recently announced that it will launch a national education campaign to aid the small business sector in strengthening its cybersecurity and protecting its sensitive and personal data. ...more

NIST Releases Updated Version Of Its Cybersecurity Framework

On April 17th, the National Institute of Standards and Technology (“NIST”), a component of the U.S. Commerce Department, released Version 1.1 of the Framework for Improving Critical Infrastructure Cybersecurity...more

State Data Breach Notification Laws: Overview Of The Patchwork

The nation’s patchwork of state data breach notification laws is now complete. All 50 states, as well as the District of Columbia, Puerto Rico, Guam, and the Virgin Islands, have enacted breach notification laws requiring...more

Alabama Becomes The Final State To Enact A Data Breach Notification Law

On March 28th, Alabama Governor Kay Ivey (R) signed into law the Alabama Data Breach Notification Act, Act No. 2018-396, making Alabama the final state to enact a data breach notification law. South Dakota Governor Dennis...more

South Dakota: The 49th State To Enact A Data Breach Notification Law

It’s official! Alabama is the only remaining state lacking a data breach notification statute. On March 21, 2018 South Dakota Attorney General Marty Jackley announced that Governor Dennis Daugaard signed into law the state’s...more

New York AG Announces SHIELD Act

On November 2nd, New York Attorney General Eric T. Schneiderman announced his proposal of the SHIELD Act – Stop Hacks and Improve Electronic Data Security Act – a bill that would heighten data security requirements for...more

Delaware: The Latest State To Amend Its Data Breach Notification Law

Delaware joins the growing number of states that recently amended their data breach notification law. On August 17th, Delaware amended its data breach notification law with House Bill 180, the first significant change since...more

Ransomware Attacks: Prevention and Preparedness

Several years ago, cyber criminals developed a profitable form of malware, now known as ransomware. A “ransomware” attack occurs when a hacker takes control of the victim’s information systems and encrypts its data,...more

New Mexico Enacts Data Breach Notification Act (Updated)

New Mexico has become the 48th state to enact a data breach notification law requiring that individuals be notified of security breaches of information involving personal identifying information. Governor Susana Martinez...more

DoD Updates Cyber Incident Reporting Rule

On October 4, 2016, a final rule implementing statutory requirements for Department of Defense (DoD) contractors and subcontractors to report cyber incidents that result in an actual or potentially adverse effect on a covered...more

5 Practice Tips for Law Firms as Data Breach Spotlight Swings Their Way

While data breach incidents affecting the entertainment, retail, healthcare, and financial industries have garnered more attention in past years, the data breach spotlight recently shifted to law firms. ...more

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