Privacy & Cybersecurity

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SEC Cybersecurity Initiative: Five Steps ALL Broker-Dealers and Investment Advisers Should be Taking

May 6, 2014 | Blog | By Cynthia Larose

Last week, the U.S. Securities and Exchange Commission’s Office of Compliance Inspections and Examinations (OCIE) released a Risk Alert announcing its Cybersecurity Initiative.  
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Cyber Risks for the Boardroom Part 2: Why Corporate Directors Should be Concerned About Data Security Breaches

May 6, 2014 | Blog | By Cynthia Larose

A data breach is not a unitary or self-contained event. The fallout from a breach could impact the directors as well. A security breach may lead to an investigation or an enforcement action by the Securities and Exchange Commission (SEC).
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Cyber Risks for the Boardroom Part 1: The Recent Increase in Focus on Privacy Issues

May 5, 2014 | Blog | By Cynthia Larose

Each day this week, we are going to explore some of the issues in the rapidly growing area of cyberliability. We will examine the recent increase in focus on privacy issues, why directors should be concerned, the top questions directors should ask when it comes to coverage for cyber investigations, and what kind of cover is available for privacy violations.
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Privacy Monday: Cinco de Mayo, 2014

May 5, 2014 | Blog | By Cynthia Larose

Happy Cinco de Mayo!
Breaking news this Privacy Monday: The fallout from the massive Target Corporation data breach continues. This morning, the Target board announced that Chief Executive Officer Gregg Steinhafel has resigned effective immediately.
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The latest thinking from Europe (while we are waiting for the Regulation)

May 2, 2014 | Blog

In the background to the current discussions, of course, we have lurking the behemoth of the draft Regulation that is very likely to replace the current Directive that governs privacy in the EU.
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Coming Monday - A new series that you won't want to miss!

May 2, 2014 | Blog | By Cynthia Larose

C-suite executives and board members are becoming more concerned about the risks posed to their companies by cyberattacks and data breaches.
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Regulators Speak at IAPP Breakfast Meeting in NYC

May 2, 2014 | Blog | By Cynthia Larose

Some important takeaways to start your weekend:
Data Breach Incidents—Especially “Ransom” Incidents, are on the Rise—One panelist observed that the New York State Attorney General’s Office received reports of approximately 900 data breach incidents during the past year alone.
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Minnesota Proposes Expansive Amendment to Data Breach Notification Law

May 1, 2014 | Blog | By Cynthia Larose

Two days ago, we heard that Target Corporation has brought in an information security heavy hitter to oversee the company's post-breach data security and technology operations. Now we learn that its home base of operations, Minnesota, is the latest state to propose a legislative reaction to the Target data breach.
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The Digital Side of Corporate Risk Management

April 30, 2014 | Blog

Companies today need to be thinking of cyber risk management as part of their overall corporate risk management.
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Privacy Monday - April 28, 2014

April 28, 2014 | Blog | By Cynthia Larose

For the last Monday in April, we have a few privacy and security bits and bytes to start your week.
Trending Now - 5 Things Every Company's Data Security Program Should Include
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FTC Updates COPPA FAQs to Address Education Space

April 25, 2014 | Blog | By Cynthia Larose

The FTC has just published updates to the COPPA FAQs, the Commission’s compliance guide for businesses and consumers, to address the applicability of COPPA and the Amended COPPA Rule to educational institutions and businesses that provide online services, including mobile apps, to educational institutions.
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We have seen this movie before ..... and we all should know that it does not end well.

April 25, 2014 | Blog | By Cynthia Larose

How much is the cost of doing nothing when it comes to encryption of sensitive data? In the case of electronic protected health information, about $2 million.
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NYC Women in Intellectual Property Discuss Cybersecurity

April 23, 2014 | Blog | By Cynthia Larose

Yesterday, Mintz Levin attended a panel breakfast sponsored by the New York City Bar's Committee on Women in Intellectual Property. The panel featured two practitioners, one from the public sector and one from the private sector.
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Get your updated Mintz Matrix!

April 22, 2014 | Blog | By Cynthia Larose

As our readers know, we maintain a summary of the US state data breach notification laws, which we refer to as the “Mintz Matrix.” We update the Mintz Matrix on a quarterly basis, or more frequently if developments dictate.
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Privacy Monday - April 21, 2014

April 21, 2014 | Blog | By Cynthia Larose

Today is the running of the 118th Boston Marathon.
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Video Interview: Discussing Heartbleed with LXBN TV

April 18, 2014 | Blog | By Cynthia Larose

As a follow-up to our commentary here on the headline-grabbing Heartbleed bug, I had the opportunity to discuss the subject with Colin O'Keefe of LXBN. In the brief interview, I explain how companies should respond to the bug and the uncertainty surrounding the liability they may face.
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Privacy & Security Bits and Bytes

April 18, 2014 | Blog | By Cynthia Larose

There has been so much news swirling in the data privacy and security world in the last few days, that it has been difficult to keep up.  We'll give you a roundup here for your Friday and weekend reading.
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Target Becomes a Target: Proposed California Bill Aims to Make Retailers Liable for Data Breach Incidents

April 17, 2014 | Blog | By Cynthia Larose

Following a string of high-profile data breaches and new data suggesting that approximately 21.3 million customer accounts have been exposed by data breach incidents over the past two years, the California legislature has introduced legislation aimed at making retailers responsible for certain costs in connection with data breach incidents. 
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Privacy Monday - April 14, 2014: Heartbleed Headaches

April 14, 2014 | Blog | By Cynthia Larose

Last week was certainly the "week of the Heartbleed." Unless you have been on vacation on a remote island (and if so, good for you!), you have heard and read much about the latest mass bug to infect the Internet.
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Aggressive Liability Theory Does Not Eliminate Obstacles To Banks’ Claims In Target Data Breach Class Action

April 11, 2014 | Blog | By Cynthia Larose

The latest salvo in the Target data breach litigation is a class action brought by credit card issuing banks advancing a creative and somewhat misleading construction of the Minnesota’s Plastic Card Security Act. The banks allege that there was a violation of the statute’s prohibition on retaining PIN, security code and other magnetic swipe data more than 48 hours after a transaction. 
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