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Oregon Ramps up State Consumer Protections in an Era of Deregulation

June 28, 2017 | Blog | By Cynthia Larose, Rithika Kulathila

Oregon’s legislature recently expanded the scope of statutory consumer protections by passing a bill to amend the state’s Unlawful Trade Practices Act (the “Act”). Recently, Oregon’s Governor Kate Brown signed H.B. 2090 into law after near unanimous passage by state lawmakers.
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Despite some courts’ evident confusion about the impact of payment card theft on consumer cardholders, other courts are getting it right. Just this week, a judge in the Northern District of Illinois issued an order dismissing the second amended complaint filed by consumer cardholders in In re Barnes & Noble Pin Pad Litig. (N.D. Ill.). 
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Recently the United States Computer Emergency Readiness Team (US-CERT), an organization within the Department of Homeland Security’s (DHS) National Protection and Programs Directorate (NPPD) and a branch of the Office of Cybersecurity and Communications’ (CS&C) National Cybersecurity and Communications Integration Center (NCCIC), encouraged users and administrators to review a recent article from the Federal Bureau of Investigation (FBI) regarding Building a Digital Defense with an Email Fortress.
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Target Reaches $18.5 Million Dollar Settlement in Data Breach with States

May 25, 2017 | Blog | By Wynter Deagle, Cynthia Larose

It seems as though we have been writing about this case for a lifetime. Target Corporation’s data breach saga came one step closer to a conclusion this week. On Tuesday, Target reached an $18.5 million settlement with 47 states and the District of Columbia to resolve the states’ investigation into the company’s 2013 data breach.
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May 2017 TCPA Digest

May 24, 2017 | Blog | By Cynthia Larose

This month's issue features updates on the latest regulatory activities and an article on a potential ruling that could have major implications for pending and future TCPA cases.
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You’ve had your apple a day, but you can’t keep the subpoenas away…  
And, if your organization is facing a request seeking records or other materials that may contain patient health information (“PHI”), it bears repeating that while HIPAA provides a number of methods through which covered entities that hold records containing PHI may produce such records, these guidelines are closely enforced by courts.
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#MLWashingtonCyberWatch: The Cybersecurity Executive Order (at last)

May 18, 2017 | Blog | By Cynthia Larose, Joanne Dynak, Michael Katz

Amid the flurry following former FBI Director James Comey’s firing last week, President Trump marked his 111th day in office on Thursday, May 11th by signing an executive order targeting national cybersecurity.
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Yesterday, #WannaCry. Today, #DocuSignPhish

May 16, 2017 | Blog | By Cynthia Larose

Another day, another data incident. If you use DocuSign, you'll want to pay attention.
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Global Ransomware Attack Update

May 15, 2017 | Blog | By Cynthia Larose

We've been following the latest on the WannaCry ransomware attack that we first told you about over the weekend.
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WannaCry Ransomware Attack Updates -- Europol Says "Patch Before Monday"

May 14, 2017 | Blog | By Cynthia Larose, Dianne Bourque

By now, you may have heard about the global ransomware attacks affecting organizations throughout the world. Estimates range from between 150,000 to 200,000 groups in nearly 150 countries, and those numbers could be higher.
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In another example of increased restriction on the rights of non-U.S. Citizens, last week the Department of Homeland Security (“DHS”) published a policy memorandum limiting the privacy rights of immigrants and foreign nationals under the Federal Privacy Act of 1974. 
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Snatching victory of a sort from the jaws of defeat, shareholders who brought a derivative action alleging that the 2014 Home Depot data breach resulted from officers’ and directors’ breaches of fiduciary duties have reached a settlement of those claims.
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It was a busy April for the Office for Civil Rights (“OCR”) (see our prior post on a settlement from earlier in April). On April 20, OCR announced a Resolution Agreement with Center for Children’s Digestive Health, S.C. (“CCDH”) related to CCDH’s failure to enter into a business associate agreement with a paper medical records storage vendor. 
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From the CISO Corner: Your Most Important Security Relationship

April 28, 2017 | Blog | By Cynthia Larose

Today's Guest Post courtesy of Bill Kyrouz, Mintz Levin's CISO:
Have you come to the conclusion that you need a Managed Security Services Provider (MSSP) to support your small to medium sized enterprise but don’t know where to start?
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When data thieves steal payment card data, consumers suffer no legally cognizable injuries. Card issuers absorb the fraudulent charges and replace the affected cards.  Because fraudulent charges are not billed to consumers, they do not show up on consumers’ credit reports or otherwise affect their credit ratings. 
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After a quiet winter there has been significant activity in state legislatures to enact, strengthen or clarify their data breach notification statutes. The latest happenings are summarized below and we have updated our “Mintz Matrix” to reflect these new and pending laws. 
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While your business may indeed be a "victim" when hit by a phishing attack, your enterprise can also be responsible for violations of law associated with the incident. Earlier this week, the HHS Office for Civil Rights (“OCR”) announced a $400,000 settlement with Metro Community Provider Network (“MCPN”) related to a 2012 HIPAA breach caused by a phishing scam.
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At last week's Health Care Compliance Association's annual “Compliance Institute," Iliana Peters, HHS Office for Civil Rights’ Senior Advisor for HIPAA Compliance and Enforcement, provided a thorough update of HIPAA enforcement trends as well as a road map to OCR’s current and future endeavors.
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We are anxiously waiting to learn the fate of the data breach notification statute recently passed by state lawmakers in New Mexico. The bill remains on the desk of the governor who has until the end of the week to sign the legislation into law.
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The FBI has issued new guidance specifically applicable to medical and dental facilities regarding the cybersecurity risk of File Transfer Protocol (“FTP”) servers operating in “anonymous” mode. FTPs are routinely used to transfer information between network hosts.
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