News & Analysis as of

Data Breach Third-Party

Morrison & Foerster LLP

Supreme Court to Address Whether Risk Disclosures Can Be False or Misleading

On June 10, 2024, the United States Supreme Court agreed to hear argument in Facebook, Inc. v. Amalgamated Bank, No. 23-980, to address whether risk disclosures can be false or misleading if they do not describe a risk that...more

Klein Moynihan Turco LLP

New Federal Privacy Bill Gains Momentum

Last week, a bipartisan coalition in Congress introduced the American Privacy Rights Act (“APRA”), a draft federal privacy bill. The APRA represents the latest effort to create a federal consumer data privacy law after its...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - December 11th - 14th, Orlando, FL

Designed for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy is ideal for practitioners who want a deeper understanding of effective compliance management in a...more

Console and Associates, P.C.

TIAA and National Student Clearinghouse Report Data Breach Affecting Students and Faculty of Trinity College

On June 30, 2023, Trinity College posted a notice on its website describing two third-party data breaches that may impact confidential information belonging to Trinity College students, faculty and staff members. Evidently,...more

Wiley Rein LLP

Wiley Consumer Protection Download (June 20, 2023)

Wiley Rein LLP on

Welcome to Wiley’s update on recent developments and what’s next in consumer protection at the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). In this newsletter, we analyze recent regulatory...more

Health Care Compliance Association (HCCA)

[Event] Healthcare Privacy Compliance Academy - August 21st - 24th, Washington, DC

Designed for professionals with some compliance knowledge and experience, HCCA’s Healthcare Privacy Compliance Academy is ideal for practitioners who want a deeper understanding of effective compliance management in a...more

Fox Rothschild LLP

Better Keep Health Data Private, FTC Signals to On-Line Health Care Providers

Fox Rothschild LLP on

Watch out HHS, the FTC is taking the lead in enforcing privacy violations by companies also subject to HIPAA. BetterHelp, an on-line mental health platform, engaged in unfair and unreasonable privacy practices according to...more

Farella Braun + Martel LLP

A Promise To Pay Is Just That: Two Courts Reject Insurers’ Bids To Escape Their Coverage Obligations by Complaining About Third...

An insurer in Washington could not eliminate its coverage obligation based on its insured’s recovery from a third party. T-Mobile USA, Inc. v. Steadfast Ins. Co., et al., No. 82704-9-I, 2022 WL 17246715 (Wash. Ct. App., Nov....more

Wiley Rein LLP

Court Finds Business Interruption Coverage for Losses Resulting From Fraudulent Email Scheme

Wiley Rein LLP on

A Minnesota federal district court has held that a software company is entitled to coverage for losses related to diverted billing emails under its business interruption coverage, rejecting the insurer’s argument that the...more

Dunlap Bennett & Ludwig PLLC

Supply Chain Vulnerability in the Healthcare Industry

The healthcare industry possesses invaluable data in the forms of patient health information, personal identifying information, and payment card information. The industry is a treasure trove of information to be exploited by...more

Paul Hastings LLP

China Enhances Scrutiny for Cross-Border Data Transfer that would Impact Multinational Companies

Paul Hastings LLP on

1. Introduction- China’s cross-border data transfer rules are unfolding in real time and taking clearer shape. On July 7, 2022, China’s cybersecurity regulatory agency, the Cyberspace Administration of China (“CAC”), issued...more

Jackson Lewis P.C.

Construction Industry: Data Security Considerations

Jackson Lewis P.C. on

No industry is immune to privacy and cybersecurity risks, and the construction industry is no exception. Those in the construction industry can protect against a potential cyberattack by understanding the risks and...more

Fox Rothschild LLP

Key Takeaways From the FTC's CafePress Settlement

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The Federal Trade Commission has reached a settlement in the matter of CafePress. Here are some things you should know: Data minimization: •Storing information indefinitely on your network without a business need creates...more

Jackson Lewis P.C.

California Consumer Privacy Act, California Privacy Rights Act FAQs for Covered Businesses

Jackson Lewis P.C. on

The California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, went into effect on January 1, 2020. The CCPA placed significant limitations on the collection and sale of a...more

Jackson Lewis P.C.

The RIPTA Data Breach May Provide Valuable Lessons About Data Collection and Retention

Jackson Lewis P.C. on

Efforts to secure systems and data from a cyberattack often focus on measures such as multifactor authentication (MFA), endpoint monitoring solutions, antivirus protections, and role-based access management controls, and for...more

Fox Rothschild LLP

EDPB Ruling Provides Takeaways For DPA Standard Contractual Clauses

Fox Rothschild LLP on

The EDPB issued an opinion on the draft Standard Contractual Clauses (SCC) for a controller-processor data processing agreement under Article 28 (Data Processing Agreements) submitted by the Lithuanian supervisory authority. ...more

Cozen O'Connor

Water Filtration Retailer Settles Allegations Stemming From 2019 Data Breach

Cozen O'Connor on

New York AG Letitia James reached a settlement with online water filtration retailer Filters Fast LLC to resolve allegations that it failed to protect customers’ payment card information in a 2019 data breach in violation of...more

Jackson Lewis P.C.

Data Protection And The Role Of Vendor Management

Jackson Lewis P.C. on

The SolarWinds hack highlights the critical need for organizations of all sizes to include cyber supply chain risk management as part of their information security program. It is also a reminder that privacy and security...more

Jackson Lewis P.C.

California State Healthcare Worker Accesses COVID-19 Data On More Than 2,000 Patients And Employees

Jackson Lewis P.C. on

As we noted in late January 2020, the spread of infectious disease raises particular concerns for healthcare workers who want to do their jobs and care for their patients, while also protect themselves and their families....more

White and Williams LLP

Another Court Holds a Third-Party Cyber Forensics Report as NOT Privileged

White and Williams LLP on

On January 12, 2021, the United States District Court for the District of Columbia joined the growing list of courts that have held that reports generated by third-party forensics firms in response to a cyberattack are not...more

Balch & Bingham LLP

Mortgage Analytics Company and FTC Agree to Settlement on Allegations Related to Third-Party Vendor Data Breach

Balch & Bingham LLP on

Ascension Data & Analytics LLC, a data analytics company for the mortgage industry, has entered into a proposed settlement agreement with the Federal Trade Commission (FTC) following allegations that it violated the...more

Vinson & Elkins LLP

Individual Criminal Liability For Failure To Disclose Data Breach Establishes A New Level Of Risk For Companies And Executives

Vinson & Elkins LLP on

General Counsel and in-house legal departments have long struggled with articulating the risk of and determining the appropriate response to breaches of the company network and the potential exposure of confidential...more

BakerHostetler

Steps to Develop a Mature Third-Party Risk Management Program With High-Risk Third Parties (Part 3)

BakerHostetler on

This blog is the third in a series exploring how organizations can prevent or mitigate the severity of a third-party data breach or cyber exploit by implementing a variety of cybersecurity risk management controls, such as...more

BakerHostetler

Steps to Develop a Mature Third-Party Risk Management Program with High-Risk Third Parties (Part 2)

BakerHostetler on

This blog is the second in a series exploring how organizations can prevent or mitigate the severity of a third-party data breach or cyber exploit by implementing a variety of cybersecurity risk management controls, such as...more

BCLP

Countdown to the CCPA: Does cyber insurance cover a data breach?

BCLP on

When the California Consumer Privacy Act (“CCPA”) takes effect in January 2020, California will become the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages of...more

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