Monumental Win in Data Breach Class Action: A Case Study — The Consumer Finance Podcast
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Entertainment Law Update Episode 160 – August/September 2023
JONES DAY TALKS®: Class Actions Worldview Guide: Part 1–The United States and European Union
Eleventh Circuit Grants en banc Review to Resolve Controversial TCPA Standing Ruling
2022 Year in Review and Look Ahead Crossover With FCRA Focus - The Consumer Finance Podcast
2022 Year in Review and Look Ahead Crossover With The Consumer Finance Podcast - FCRA Focus
Fifth Circuit Affirms District Court’s Striking of Class Allegations
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Webinar Recording – Assessing the Surge in Wiretap Litigation
Fashion Counsel: Privacy in the Retail Fashion Industry
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#WorkforceWednesday: SCOTUS Rules on PAGA, Fifth Circuit Rules on COVID-19 Under WARN, Illinois Expands Bereavement Leave - Employment Law This Week®
ESG and SEC Enforcement: Securities & Exchange Commission v. Vale S.A and its Corporate Takeaways
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KCP supports House bill to restore original intent of Medicare Secondary Payer Act - Kidney Care Partners (KCP) commends the 36 co-sponsors of the bill before the House, who come from both sides of the aisle and represent...more
Healthcare providers are responsible for guarding the health and well-being of their patients. Still, they also have an essential duty to protect the personal information they collect in the process....more
Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more
The law can be funny. Not in a comedic way, but in a way that defies expectations about what is needed to bring a cause of action. Sometimes this is manifested in the quantum of evidence needed to bring an action and survive...more
Like most healthcare entities, Indiana’s Trinity Health collects, stores, maintains and uses a large volume of particularly sensitive information about patients and others, including Personally Identifiable Information (PII)...more
In a groundbreaking decision, the Federal Trade Commission (FTC) announced it was diagnosing GoodRx’s use of tracking pixel codes and analytics, its digital strategy, as not only an unfair or deceptive act or abusive practice...more
Dental Care Alliance, LLC (DCA) agreed to settle a class action lawsuit that arose out of a 2020 cyberattack. A hearing to approve the $3 million settlement was held on September 1....more
Report on Patient Privacy 22, no. 8 (August, 2022) - The Department of Justice (DOJ) seized around $500,000 in Bitcoin ransom paid by two health care organizations in Kansas and Colorado to North Korean ransomware actors...more
While not unheard of, class actions against medical service providers that relate directly to the provision of medical treatment are uncommon. However, class actions are frequently filed in Florida courts against medical...more
In Stewart v. Demme, the Ontario Divisional Court (the “Court”) overturned the certification of an intrusion upon seclusion claim in a data breach class action against a hospital, where a nurse used patient health records to...more
Report on Patient Privacy 22, no. 1 (January, 2022) - New Jersey issued its third settlement in three months on state-level health care privacy and security laws, announcing that three cancer care providers would adopt new...more
According to this article, 2021 has been a “particularly dire year” for health care data breaches. So, it may not seem shocking that a hacker gained access to the protected health information of approximately 400,000...more
Report on Patient Privacy 21 no. 9 (September, 2021) - DuPage Medical Group in Chicago said that the personal information of more than 600,000 patients may have been compromised in a July cyberattack. The medical group,...more
Report on Patient Privacy 21, no. 2 (February 2021) - The Florida Healthy Kids Corporation (FHKC), a Medicaid managed care plan, said one of its vendors, Jelly Bean Communications Design, experienced a security incident...more
Shook Weighs in on Updated CCPA Regulations - In response to extensive public comment, the California Attorney General’s office released modified draft regulations under the CCPA on February 7. Shook has provided initial...more
Report on Patient Privacy 20, no. 2 (February 2020) - A ruling from Georgia’s highest state court could set a precedent that determines recourse for victims of cyberattacks. The Georgia Supreme Court ruled in late December...more
SDNY Rejects Standing under “Increased Risk” Theory Where Data Not Targeted or Stolen - The Southern District of New York rejected a settlement that would have resolved a class action based on the unauthorized (and...more
Arizona-based Banner Health has agreed to settle for up to $6 million a class action case filed against it following a 2016 incident that compromised the personal information of 3 million individuals....more
Verizon's Protected Health Information Data Breach Report Concludes that Insiders Are Greatest Threat to Health Care Entities - Verizon recently issued its Protected Health Information Data Breach Report, which is always...more
U.S. Estimates that Cyber Hacks Cost Up to $109 Billion in 20 - The Council for Economic Advisors (CEA) issued a report this month, entitled “The Cost of Malicious Cyber Activity to the U.S. Economy,” which concludes that...more
Aetna will pay almost $17.2 million to settle a federal class action lawsuit stemming from a 2017 mailing that disclosed the HIV status of health plan members. ...more
Last week, Aetna agreed to resolve class action claims of privacy violations related to the disclosure of thousands of members’ HIV status. The agreement will require the insurance giant to pay over $17 million into a...more
Wednesday, a federal district court in Arizona denied in part and granted in part Banner Health’s motion to dismiss class action claims arising from a 2016 data breach. ...more
McAfee Report Lists Health Care Sector as Most Targeted Industry for Cyber-Attacks - In its cybersecurity incident report outlining vulnerabilities for the second quarter of 2017, security firm McAfee lists the health care...more
Companies that have a breach involving PHI worry not only about fines and penalties imposed by HHS, but about class action lawsuits. The risk that a class action lawsuit will lead to financial liability, however, is often...more