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Apr 19

Still Standing: Data Breach Class Action Against P.F. Chang’s Revived on Appeal

We have previously written here and here on the evolution of standing in data breach/theft cases.  P.F. Chang’s China Bistro is the latest defendant to lose its bid to dismiss a class-action complaint for lack of standing.  Last Thursday, the 7th Circuit Court of Appeals… Read More

Aug 21

National Cybersecurity Center of Excellence releases its first cybersecurity practice guide: “Securing Electronic Health Records on Mobile Devices.”

As we discussed during a recent webinar, Cybersecurity: A Mid-Year Legal Review, damaging health care data breaches are being reported with increasing frequency. Earlier this year, the FBI issued a private notice to the healthcare industry warning providers that their cybersecurity systems are lax compared… Read More

Aug 07

Ringing the Bell: The Dept. of Education’s Security Mandate to Higher Education

In the wake of the OPM data breach, it is no wonder that the U.S. Government has begun to think seriously about the implications of data breaches more broadly.  For anyone who has had the pleasure of filling out a FAFSA form, the financial aid… Read More

Jul 24

A Standing Ovation for Plaintiffs in Data Breach Cases

Earlier this week, in Remijas v. Neiman Marcus Group, the Seventh Circuit reinstated a class action against Neiman Marcus stemming from a 2013 data breach.  In so doing, it was the first court of appeals to find that the data breach plaintiffs’ actual injuries, future… Read More

Jul 20

Is there a “Constitutional Right to Informational Privacy”?

Only July 8, 2015, the National Treasury Employees Union filed the second class action against (now former) OPM Director Archuleta stemming from the massive OPM data breach.  While the plaintiffs in the first OPM data breach lawsuit, briefly discussed here, alleged violations of the Privacy… Read More

Jul 01

FTC announces data security initiative with new guidance for businesses

On June 30, 2015, the Federal Trade Commission announced a new initiative called “Start with Security,” which includes new guidance for businesses that draws on the lessons learned in the more than 50 data security cases brought by the FTC over the years. The new… Read More

Jun 24

It’s Inevitable: Is Your Organization Ready to Respond to a Data Breach?

Confidential business and consumer information is one of the most valuable assets to any organization. Liability concerns over the privacy and security of employee and customer information is paramount, as evidenced by the daily headlines of data breaches and thefts. Almost every business segment –… Read More

Jun 04

Allegheny County Judge Rules that Pennsylvania Does Not Recognize Negligence Claims in Data Breach Actions

A Pittsburgh-area judge recently ruled that Pennsylvania does not recognize negligence claims in data breach lawsuits. Dittman v. UPMC, No. GD-14-003285 (Pa. Ct. Com. Pl., Allegheny Cnty., May 28, 2015). The case centers on a data breach in 2014 involving the University of Pittsburgh Medical… Read More

Mar 20

When Does a Hack Become a Compensable Harm in Federal Court?

No business wants to be the victim of a data breach, but to hear former Director of National Intelligence Mike McConnell tell it, every major corporation in America already has (whether they realize it or not). The discovery of a potential breach should set off… Read More

Oct 20

Of Dropbox and Data Breaches: Highlighting the need for increased cyber-security at home and in the workplace

Reports of massive data breaches at trusted American retail businesses, banks, credit card companies and even governmental agencies have unfortunately become routine. So much so, in fact, that many of us have become desensitized to the serious personal privacy, identity protection and financial risks involved.… Read More