Editor’s Note: This past month featured increased activity in privacy and data protection. U.S. Legislation and Regulation. Connecticut’s governor signed a comprehensive privacy bill, and President Biden has before him a bill...more
On May 3, Judge Grimm of the U.S. District Court for the District of Maryland issued a class certification decision in a consumer data breach multidistrict litigation case against an international hotel and resort management...more
On April 5, the Securities and Exchange Commission (SEC) announced that two employees improperly accessed adjudicatory materials for cases being litigated in the agency’s in-house court system. The access occurred in 2017,...more
Editor’s Note: Utah became the fourth state in the nation to successfully pass a comprehensive privacy bill, following California, Colorado, and Virginia. Meanwhile, seven other states failed at their own attempts, including...more
On February 3, a New York magistrate judge recommended dismissing a class action against medical management company, Professional Business System d/b/a Practicefirst Medical Management Solutions in Tassmer v. Professional...more
On December 22, the U.S. District Court for the District of New Jersey dismissed putative class claims brought against a health insurance company, following a 2013 data breach incident. In In re Horizon Healthcare Servs. Data...more
Introduction -
On November 18, federal banking agencies issued the long-awaited final rule, establishing data security incident response notification requirements for “banking organizations” and “bank service providers”...more
12/2/2021
/ Banking Regulators ,
Banking Sector ,
Cybersecurity ,
Data Breach ,
FDIC ,
Federal Reserve ,
Final Rules ,
Notification Requirements ,
OCC ,
Popular ,
Reporting Requirements
Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more
11/11/2021
/ Biometric Information Privacy Act ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Fraud ,
Popular ,
TikTok
On October 5, the Delaware Court of Chancery issued a decision in Firemen’s Retirement System of St. Louis v. Sorenson, et al., C.A. No. 2019-0965-LWW, dismissing breach of fiduciary duty claims brought against various...more
Despite overlap of alleged putative nationwide class definitions, the Judicial Panel on Multidistrict Litigation (JPML) denied Geico’s attempt to consolidate five class-action lawsuits arising from a data breach notification...more
Entities sued for a data breach – even one that is consolidated into a multidistrict litigation proceeding in the defendant’s home state – should not forget the personal jurisdiction defense, which can provide a powerful tool...more
Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more
9/9/2021
/ Communications Decency Act ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Protection ,
Department of Justice (DOJ) ,
FCC ,
Federal Trade Commission (FTC) ,
Popular ,
Ransomware ,
Robocalling ,
VoIP
The Central District of California recently dismissed a data breach class action for lack of standing, notwithstanding evidence that the stolen data of 40 million consumers had allegedly been offered for sale on the dark web....more
Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more
Introduction -
The Connecticut legislature recently enacted a pair of new data breach and cybersecurity statutes — Public Act 21-59 and Public Act 21-119 — on June 16 and July 6, respectively. Both laws will take effect on...more
7/20/2021
/ Biometric Information ,
Breach Notification Rule ,
Connecticut ,
Cybersecurity ,
Data Breach ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
NIST ,
Personal Information ,
Popular ,
Unfair Trade Practices Act
Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more
Do you want a simple way to keep current on important privacy changes? Avoid sleepless nights wondering whether you missed a privacy speed bump or pothole between annual updates? Worry no longer. Troutman Pepper is pleased to...more
6/3/2021
/ Biden Administration ,
Biometric Information ,
Biometric Information Privacy Act ,
Cryptocurrency ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection Authority ,
IRS ,
Popular ,
Reporting Requirements
In Gardiner v. Walmart, Inc., a Walmart customer who purchased goods online filed a putative class action alleging that Walmart's cybersecurity procedures led to a purported unauthorized disclosure of his personal identifying...more
Last Thursday, the Eleventh Circuit affirmed a district court’s dismissal for lack of standing in a data incident case. The majority opinion, written by Senior Judge Gerald Bard Tjoflat and joined by Judge Adalberto Jordan...more
A federal court in California has ruled that the plaintiff in a putative class action alleging theft of non-sensitive personal information arising from a cybersecurity data breach lacks Article III standing to maintain his...more
On Tuesday, September 15, New York Attorney General Letitia James announced a settlement with Dunkin’ Brands Inc. regarding a lawsuit in New York state court titled The People of The State of New York et al. v. Dunkin’ Brands...more
Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients...more
9/1/2020
/ Artificial Intelligence ,
Banking Sector ,
Clery Act ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Coronavirus/COVID-19 ,
Data Breach ,
Data Collection ,
Data Privacy ,
Department of Veterans Affairs ,
Eviction ,
FBI ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Moratorium ,
Student Loans
As we reported in March, the COVID-19 pandemic is being leveraged by malicious cyber actors to make various cybersecurity attacks. ...more
4/21/2020
/ Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Hackers ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
Information Technology ,
Malware ,
NCSC ,
Personally Identifiable Information ,
Phishing Scams ,
Ransomware ,
UK