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Data breach class actions are again on the rise, with a recent report by Lex Machina confirming what many cybersecurity practitioners have seen first-hand over the last two years. The findings also reaffirm longstanding best...more
Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more
The number of data breaches in the United States has increased significantly in the past ten years. According to an IBM study, more than 4 out of 5 companies have experienced a data breach at least once. These data breaches...more
Data breach class actions continue to rise, following almost inevitably from nearly every major security incident. Here are seven things in-house counsel can do to prepare for that anticipated litigation....more
There are showers, there are squalls, and there are storms. The growth in cybersecurity attacks in Australia, as in much of the world, is a storm and Australian companies need to batten down the hatches. In the period from 1...more
Prepare for global data class actions has been moved. In the wake of the COVID-19 epidemic, there is an unfortunate increase in the cyber-security risks businesses may face. Our global team will help you best prepare for the...more
The Coronavirus (COVID-19) pandemic creates unprecedented risk for class action exposure for companies. This article identifies the first wave of class actions we anticipate arising out of the COVID-19 pandemic...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
The General Data Protection Regulation 2016/679 (GDPR) provides means to enforce provisions related to personal data processing by you as a data controller or data processor. It introduces collective actions everywhere in...more
We all know that businesses rely on a large number of third-party vendors to support their business operations. Many of these third parties require access to a company’s data and its internal information and technology...more
Many readers have reached out to learn about the Capital One data breach and how it affects us. If you haven’t been watching the story unfold as closely as I have, here is a summary of what happened, what information was...more
I recently had the chance to check in with Jonathan Armstrong on the dramatic class action lawsuits around data privacy and data protection in the UK and EU. ...more
Game-changing Calif. Consumer Privacy Act of 2018 puts statutory breach damages on the table - The recently-enacted California Consumer Privacy Act of 2018 is a game-changer in a number of respects. The Act imports...more
More than 15 years after the adoption of the Data Protection Directive, the European Commission noticed that the current legislative framework on data protection did not adequately deal with the risks associated with online...more
Could the GDPR give rise to forum shopping and are there any pre-litigation strategies that should be considered? Here, we review four key elements that should be kept in mind in respect of data class actions in the EU....more
We recently commented on one hotly contested legal issue being addressed by the courts in data breach class action litigation, that of plaintiffs’ standing. Another issue that has been the subject of recent court activity in...more
US-CERT Warns of New Ransomware: Bad Rabbit - The U.S. Computer Emergency Readiness Team (US-CERT) is warning companies in the U.S. about a new ransomware dubbed “Bad Rabbit.” US-CERT stated it has received multiple...more
Seyfarth Synopsis: A string of recent class action lawsuits regarding businesses’ use of employees’ biometric data should put employers on heightened alert regarding compliance with various state biometric privacy laws....more
The American Institute of CPAs (AICPA), has released a risk management reporting framework intended to "establish a common, underlying language for Cybersecurity risk management reporting — almost akin to US GAAP or IFRS...more
The 2017 Carlton Fields Class Action Survey has just been released, and the findings reveal some unexpected trends in class action litigation, based on insights provided by 387 general counsels and chief legal officers at...more
In 2016, cybersecurity continued to grow as a primary business risk for companies worldwide. Data breaches continued to escalate both in number and magnitude and the landscape of legal and regulatory liability evolved and...more
On April 11, the United States Court of Appeals for the Fourth Circuit rendered one of the first appellate-level decisions dealing with insurance coverage for a cyber event. The Fourth Circuit confirmed that a commercial...more
With today’s increased focus on data breaches and related cyber liability exposure, the insurance market continues to develop policies tailored to this unique risk. Insurers are also excluding cyber risks in many traditional...more
Recently, another massive data breach was caused, reportedly at least in part, by employee error. Georgia Secretary of State Brian Kemp disclosed that an employee committed “a clerical error” and compromised the personal...more
A thousand questions immediately flood any lawyer’s mind when they first hear that their client may have been affected by a data breach. How did it happen? What data were affected? Was there any personal information affected,...more