Privacy & Cybersecurity

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How did the Internet of Things allow the latest attack -- on the Internet?

October 28, 2016 | Blog | By Cynthia Larose

Over the last week, details have become available to explain how an attack against a well-known domain name service (DNS) provider occurred. What about the potential legal risks?
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FCC Adopts Controversial Broadband Privacy Regs

October 27, 2016 | Blog | By Cynthia Larose

BREAKING NEWS -
The FCC has voted 3-2 along party lines to require internet service providers (ISPs) to get a customer's explicit consent before they can use or share what is termed "sensitive" personal information.
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Insurance Regulators Fine Tuning Cybersecurity Guidance

October 25, 2016 | Blog | By Julia Siripurapu, Michael Katz

You may not realize how much personal information your insurance company has about you. Scarier still is that much of this data is sensitive and valuable to hackers – such as your Social Security number, financial information, medical history, even itemized schedules of your most expensive personal property.
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3 Guidelines to Maximize Value of Data

October 24, 2016 | Blog | By Cynthia Larose

Imagine you are the CEO of company sitting across from an interviewer. The interviewer asks you the age old question, “So tell me about your company’s strengths and weaknesses?" You start thinking about your competitive advantages that distinguish you from competitors.
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Attorney General Kamala D. Harris Provides New Online Tool to Report California Online Privacy Protection Act (CalOPPA) Violations

October 20, 2016 | Blog | By Cynthia Larose

It's time for a compliance check on those website or mobile app privacy policies, before the California Attorney General comes knocking.
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WEBINAR: Part 2 in Our EU General Data Protection Regulation Series

October 6, 2016 | Blog | By Cynthia Larose

For the next few months, the Mintz Levin Privacy Webinar Series is focusing on the upcoming EU General Data Protection Regulation (GDPR) to help businesses understand the reach and scope of the GDPR and prepare for the potentially game-changing privacy regulation.
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Three Steps to the Right Cloud for Your Business

October 4, 2016 | Blog | By Cynthia Larose

The term “cloud computing,”  -- a process by which remote computers are used to store, manage and process data -- is no longer an unfamiliar term. According to at least one estimate, “approximately 90 percent of businesses using the cloud in some fashion.”
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Alleged Wiretap Act and CIPA Violations Held to Satisfy Spokeo Test for Standing in Latest Gmail Privacy Class Action

October 3, 2016 | Blog | By Kevin McGinty

In the wake of the Supreme Court’s decision in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), lower courts have begun to address whether alleged violations of statutes intended to protect privacy suffice, in the absence of any further alleged injury, to establish Article III standing.
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New York Proposes First-Ever Cybersecurity Regulation for Financial Institutions

September 19, 2016 | Blog | By Cynthia Larose

The New York Department of Financial Services recently announced a new proposed rule, which would require financial institutions and insurers to implement strong policies for responding to cyberattacks and data breaches.
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Sixth Circuit Rules That Theft of PII from Insurance Company Results in Article III Standing

September 16, 2016 | Blog | By Kevin McGinty

In its recent decision in Galaria v. Nationwide Mut. Ins. Co., no. 15-3386 (6th Cir. Sept. 12, 2016). Co., No. 15-3386 (6th Cir. Sept. 12, 2016), a divided Sixth Circuit panel held that plaintiffs had standing to assert claims arising from hackers’ alleged theft of data containing plaintiffs’ sensitive personal data, including dates of birth and Social Security numbers.
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Back to School – Avoiding Theft of Data and Money via the “Business Email Compromise” Scam

September 8, 2016 | Blog | By Kevin Ainsworth

The FBI warned this summer that the “Business Email Compromise” (“BEC”) scam continues to grow, evolve, and target businesses of all sizes. As reported by the FBI in June, the scam had hit more than 22,000 victims for a combined dollar loss of greater than $3 billion – that’s billion with a B! And the latest evolution is even more threatening, potentially causing breaches of protected data.
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Summer Round-Up: Four States Bolster Data Breach Notification Laws and More Changes on the Way

September 2, 2016 | Blog | By Michael Katz, Cynthia Larose

As has become typical in the data security space, there was quite a bit of activity in state legislatures over the previous year concerning data breach notification statutes. Lawmakers are keenly aware of the high profile data breaches making headlines and the increasing concerns of constituents around identity theft and pervasive cybercrime. 
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Eddie Bauer Latest Victim of POS Malware Attack

August 23, 2016 | Blog | By Michael Katz, Cynthia Larose

Last week the clothing retailer Eddie Bauer LLC issued a press release to announce that its point of sale (“POS”) system at retail stores was compromised by malware for more than six months earlier this year. 
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Let's talk about Networks of Things, baby. Let's talk about you and me.

August 9, 2016 | Blog | By Julia Siripurapu, Michael Katz

It is easy to see networks all around us. The printers at the office, your child’s videogame, the food ordering app on your phone, the fitness band or smart watch on your wrist, the electricity grid for your city, the self-driving cars being tested on our roads, all rely at least in part on networked solutions. 
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To Protect Data: Keep Your Network Access Close, and Your Vendors Closer

August 8, 2016 | Blog | By Cynthia Larose

Two recent data breach incidents in the healthcare industry prove what readers of this blog have heard all too often: KNOW THY VENDORS.
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FTC Plants A Flag With LabMD Ruling: What This Means for Enforcement

August 1, 2016 | Blog | By Cynthia Larose

On Friday, the heads of the Federal Trade Commission overruled the decision of the Administrative Law Judge (“ALJ”) in In the Matter of LabMd., Inc. The FTC concluded that the ALJ had erred in dismissing the Commission’s case against a lab testing company LabMD and misapplied the unfairness standard. 
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"Privacy Shield" Open For Business - Fees?

August 1, 2016 | Blog | By Cynthia Larose

The certification forms for the new US-EU Privacy Shield Framework are now available online. What is not easily discernible in the workflow is the fee structure. One needs to refer back to the Federal Register's implementation notice, published July 22.
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Privacy Shield: The National Data Protection Authorities Hold Fire

July 26, 2016 | Blog

The Article 29 Working Party (WP29) has released a brief updated statement on the final form of the Privacy Shield adequacy decision and supporting annexes. WP29 is an important advisory group made up of representatives of each of the EU's national data protection authorities.
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Facebook v. Vachani - User Authorization Can Be Revoked By Service Providers

July 19, 2016 | Blog | By Cynthia Larose

The U.S. Court of Appeals for the Ninth Circuit recently issued a decision that could have far reaching implications for the relationships between companies that provide online services, their customers or users, and third parties.
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Fizzled Suit Against Target Officers and Directors Raises Question as to the Value of Derivative Claims in Data Breach Cases

July 13, 2016 | Blog | By Kevin McGinty

In a terse two-page order, Senior District Court Judge Paul Magnuson dismissed derivative claims brought against officers and directors of Target in connection with the 2013 holiday-season data breach.  
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