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Personal Information Data Breach Corporate Counsel

WilmerHale

Year in Review: Top 2023 Data Breach Litigation Trends

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One of the main risks that a company faces after a data breach is a potential lawsuit. Plaintiffs often will allege creative statutory and common law theories of harm after they learn that their personal information has been...more

WilmerHale

Year in Review: CCPA Litigation Trends from 2023

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This post is part of a series of articles we are doing on 2023 data protection litigation trends. While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more

Locke Lord LLP

More Safe Harbor Protections for Navigating Cyber and Privacy Litigation

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Cybersecurity and data privacy risks continue to loom large with potentially significant consequences. Litigation, often filed soon after incidents, adds to the possible repercussions. In our previous article, we discussed a...more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

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

Littler

British Columbia Appeal Court Finds Employer Vicariously Liable for Employee’s Willful Violation of Customers’ Privacy

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In Insurance Corporation of British Columbia v. Ari, 2023 BCCA 331, the British Columbia Court of Appeal (BCCA) confirmed that an employer may be found vicariously liable when its employee violates of s. 1 of the province’s...more

Stikeman Elliott LLP

Home Depot Gets Nailed by Privacy Commissioner for Sharing Data with Meta

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Recent findings by the Office of the Privacy Commissioner of Canada (“OPC”) found that Home Depot of Canada Inc. (“Home Depot”) did not obtain valid meaningful consent to share summary purchase information with Meta Platforms...more

BakerHostetler

Pennsylvania’s Data Breach Notification Law Is Changing: What Does It Mean for Entities Doing Business in the Keystone State?

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2023 is going to bring big changes to Pennsylvania’s Breach of Personal Information Notification Act. Although the revisions to the law do not go into effect until May 2, 2023, now is the time for Pennsylvania entities to...more

Kilpatrick

Data breach class actions: SDNY finds standing based on sketchy injury-in-fact allegations

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Takeaway: Ever since the U.S. Supreme Court ruled in Clapper v. Amnesty Int’l USA, 568 U.S. 398, 416 (2013), that plaintiffs “cannot manufacture standing merely by inflicting harm on themselves based on . . . hypothetical...more

Pierce Atwood LLP

District of Massachusetts Dismisses Data Breach Class Action for Lack of Injury

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On October 18, 2022, in Webb v. Injured Workers Pharmacy, LLC, the District of Massachusetts dismissed a class action complaint brought by former pharmacy patients alleging that their sensitive personal information had been...more

Kelley Drye & Warren LLP

AG Settlements Call for Stronger Data Security

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Early this week, a coalition of 40 attorneys general obtained two multistate settlements with Experian concerning data breaches it experienced in 2012 and 2015 that compromised the personal information of millions of...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Cybersecurity Insurance: Circuit Courts Weigh in on Insurers’ Liability for an Insured’s Losses Stemming from a Data Breach

When a cybersecurity-related incident occurs, an insured should not automatically assume a standard commercial general liability (CGL) policy issued by an insurer will cover their losses, as CGL policies generally afford...more

Blake, Cassels & Graydon LLP

Nouvelles exigences relatives à la déclaration des incidents de confidentialité en vigueur au Québec

Depuis le 22 septembre 2022, les entités du secteur privé exerçant des activités au Québec doivent aviser, avec diligence, la Commission d’accès à l’information (la « CAI ») de toute atteinte à la vie privée (soit un «...more

Genova Burns LLC

DoorDash Hacker Incident Illustrates Third-Party Vendor Risks and Potential Vulnerabilities

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​​​​​​​Hackers have increasingly focused on third-party vendors as avenues to data held by associated businesses. On August 25, 2022, DoorDash announced that it had experienced a data breach which impacted the personal...more

Blake, Cassels & Graydon LLP

New Breach Reporting Requirements in Force in Quebec

As of September 22, 2022, private-sector entities carrying on business in Quebec are required to notify Quebec’s Commission d’acces a l’information (CAI) and affected individuals of a privacy breach (referred to as a...more

Genova Burns LLC

Potential Harm Enough For Class Action to Proceed in Data Breach Litigation

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The Third Circuit Court of Appeals has given new life to a putative class action suit led by a former employee of a company that suffered a ransomware attack, leading to her sensitive information being released onto the Dark...more

FordHarrison

Employer Obligations Under the California Privacy Rights Act of 2020

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On January 1, 2020, the California Consumer Privacy Act (CCPA) became effective and created an array of protections for consumers regarding data privacy rights while creating business obligations related to the collection and...more

Foley & Lardner LLP

State Data Breach Notification Laws - March 2022

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While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more

Mintz - ML Strategies

Major Update in Data Privacy Laws Proposed in Massachusetts

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On February 2, 2022, the Massachusetts Legislature’s Joint Committee on Advanced Information Technology, the Internet and Cybersecurity released a new draft of a bill designed to provide mechanisms for how personal...more

Akin Gump Strauss Hauer & Feld LLP

Connecticut Expands Breach Reporting and Creates Cybersecurity Safe Harbor

On October 1, 2021, two Acts overhauling data privacy and cybersecurity in Connecticut took effect—the latest instance of stronger state breach reporting requirements with a safe harbor protection from litigation for...more

Proskauer on Privacy

English High Court Clarifies Appropriate Causes of Action in Data Claim Where Defendant Was a Victim of Third-Party Cyber-Attack

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In the recent and significant Warren v DSG Retail Ltd [2021] EWHC 2168 (QB) decision the High Court in England clarified the limited circumstances in which claims for breach of confidence, misuse of private information and...more

BakerHostetler

Effective Oct. 1, 2021: Connecticut Expands Data Breach Notification Statute

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On June 16, 2021, the Connecticut General Assembly adopted an expanded version of Connecticut’s data breach notification statute (2021 CT H.B. 5310 (NS)). Through this expansion, Connecticut’s data breach notification statute...more

Robinson+Cole Health Law Diagnosis

Connecticut Enacts Legislation to Incentivize Adoption of Cybersecurity Safeguards and Expand Breach Reporting Obligations

On June 16, and then on July 6, 2021, Connecticut Governor Ned Lamont signed into law a pair of bills that together address privacy and cybersecurity in the state....more

Hinshaw & Culbertson - Privacy, Cyber & AI...

Encrypt Consumer Data When Your Privacy Policy Says You Encrypt Consumer Data

Once again, we see that inaccurate information in a privacy policy can land an organization in hot water. On June 7, 2021, the Federal Trade Commission (FTC) announced a proposed settlement with MoviePass pertaining to its...more

Kelley Drye & Warren LLP

Key Developments in CCPA Litigation for Q1 2021

As we move deeper into the second year of CCPA litigation, the substantive issues continue to develop and we remain focused on the patterns and implications of recent filings and rulings. In this post, we highlight notable...more

Husch Blackwell LLP

Florida House Passes Consumer Data Privacy Legislation

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Keypoint: Florida moved one step closer to passing consumer data privacy legislation although differences between the House and Senate bills need to be resolved if the legislation is to pass the legislature. On April 21,...more

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