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Cybersecurity: 2016 Wrap Up
Last year's news was dominated by a few highly publicized cybersecurity events. The year began with the FBI trying to hack into a terrorist's iPhone, resulting in a national furor over...
United States
17 Jan 2017
Home Depot Victory Discourages Shareholder Data Breach Suits
On Wednesday, November 30, 2016, a federal court dismissed a shareholder derivative action that had been brought against certain directors and officers of The Home Depot, Inc.
United States
22 Dec 2016
Recent Developments In Cybersecurity And Data Privacy
On Sept. 13, 2016, California Gov. Jerry Brown signed AB 2525, amending the state's data breach notification law.
17 Oct 2016
Wendy's Data Breach Suit Dismissed Where No Monetary Loss Alleged; Amendment Filed
The Wendy's Company has won dismissal of the consumer class action lawsuit filed against it in the wake of its widely reported data breach.
United States
26 Aug 2016
Home Depot Seeks Eleventh Circuit Review In Banks' Data Breach Suit
Home Depot is seeking to appeal the denial of its motion to dismiss the data breach claims of numerous financial institutions.
United States
26 Aug 2016
SEC Fine Against Morgan Stanley Underscores Focus On Cybersecurity
Morgan Stanley Smith Barney LLC recently agreed to pay a $1 million penalty to the U.S. Securities and Exchange Commission after a Morgan Stanley employee downloaded and exposed sensitive investor information.
United States
23 Jun 2016
Cybersecurity Implications Of Supreme Court's Spokeo Decision Begin To Emerge
On May 16, 2016, the Supreme Court issued its opinion in Spokeo , Inc. v. Robins, 578 U.S. ____ (2016), holding that Article III standing requires plaintiffs to demonstrate concrete injury in the context of a statutory violation.
United States
8 Jun 2016
Spokeo's Implications For Cyber-Security
On May 16, 2016, the Supreme Court issued its opinion in Spokeo, Inc. v. Robins , 578 U.S. ____ (2016), reaffirming that Article III standing requires statutory plaintiffs to demonstrate concrete injury.
United States
27 May 2016
New York Case Highlights Retailer Financial Risk In Data Security Breaches
Jetro Holdings, LLC v. MasterCard Inc., a New York state case decided May 3, 2016, illustrates the tangled web of potential liability companies face in data breach cases...
United States
19 May 2016
4th Circuit Case Repercussions For Cyber-Insurance
On March 24, 2016 the Fourth Circuit heard oral arguments in Travelers Indemnity Co. v. Portal Healthcare Solutions, No. 14-1944 (4th Cir. Mar. 24, 2016).
United States
12 Apr 2016
FDIC Newsletter Highlights Financial Institutions' Cybersecurity Obligations
The FDIC's Winter 2016 edition of its Consumer News publication focuses on how consumers, banks, and regulators can prevent online fraud and theft.
United States
6 Apr 2016
Home Depot Cybersecurity Settlement Sets Model For Resolving Data Breach Claims
On March 8, 2016, the United States District Court for the Northern District of Georgia preliminarily approved a proposed $19.5 million settlement of a class action lawsuit against Home Depot...
United States
6 Apr 2016
Proposed Senate Cybersecurity Bill And The Challenges Facing Corporate Boards
Recent high profile data breaches have led to increased focus on corporate boards' responsibilities in managing cybersecurity.
United States
23 Mar 2016
Uncertain Fate Of Cybersecurity Export Rule Following Congressional Inquiry
The U.S. government is back to the drawing board to implement export controls on intrusion software tools and Internet Protocol ("IP") network communications surveillance systems.
United States
19 Jan 2016
EU Safe Harbor Ruling – Trends And Courses Of Action
As a result of the Schrems judgment, businesses may no longer transfer personal data from the European Union to the United States relying on the EU Safe Harbor decision.
European Union
7 Dec 2015
Three Ways You May Be Affected By The EU Safe Harbor Ruling
Earlier this month, the European Union Court of Justice invalidated the U.S. Safe Harbor, a mechanism that permitted the transfer of personal data from the European Economic Area to the United States.
European Union
9 Nov 2015
The Impact On U.S. Discovery Of EU Data Protection And Discovery Blocking Statutes
A discussion on the European Commission's proposed sweeping changes to Europe's approach to data protection.
United States
30 Jan 2013
Device Fingerprinting and Targeted Margeting: The Next Digital Privacy Battleground?
In one of the latest advances in what has been called "a technological arms race between tracking companies and people who seek not to be monitored," device fingerprinting, a technology originally developed to prevent software piracy and credit card fraud, appears set to become a powerful new tool for online marketers.
United States
5 Jan 2011
Recent Activities in Washington Point to Complex Issues for Regulating Privacy
Recent activities out of Washington have again turned the spotlight on the complexity of protecting privacy in an era of targeted advertising and what role, if any, the federal government might take to implement regulations on the collection and use of data related to consumers’ digital habits.
United States
12 Oct 2010
Further Advice On Employees’ E-mail
A case pending before the Supreme Court, discussed by the Washington Post January 15, shows the importance for employers to not only draft strong technology use policies but also to strictly enforce such policies according to their written terms.
United States
4 Feb 2010
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