Privacy & Cybersecurity

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It’s Not Too Early! ICO Guidance Regarding Consent Under GDPR

March 7, 2017 | Blog | By Susan Foster, Michael Katz

The European Union’s General Data Protection Regulation (the “GDPR”) goes into effect in a little over fourteen months and from a quick glance at our bullet points analysis you can see there is a lot to consider. 

A Deep Dive into Privacy/Security Disclosures in Snap's S-1

March 6, 2017 | Blog | By Julia Siripurapu, Joanne Dynak, Cynthia Larose

Last week, Snap Inc. (“Snap” or the “Company”) – the parent company of the wildly popular app Snapchat (“Snapchat” or the “App”) – became a publicly traded company on the New York Stock Exchange in the biggest tech IPO since Alibaba in 2014. 

It's March 1: The Cybersecurity Goal Post Has Been Moved

March 1, 2017 | Blog | By Cynthia Larose, Joanne Dynak, Michael Katz

In an effort to combat the growing prevalence of large-scale corporate cyberattacks, the New York Department of Financial Services (“NYDFS”) is rolling out a revamped cybersecurity regulation for financial services companies to take effect TODAY (March 1, 2017).

Data Breaches Will Cost Yahoo and Verizon Long After Sale

February 27, 2017 | Blog | By Cynthia Larose

Five Things You (and Your M&A Diligence Team) Should Know
Recently it was announced that Verizon would pay $350 million less than it had been prepared to pay previously for Yahoo as a result of data breaches that affected over 1.5 billion users, pending Yahoo shareholder approval. Verizon Chief Executive Lowell McAdam led the negotiations for the price reduction.

Failure of Audit Controls Can Cost $$$

February 22, 2017 | Blog

Last week, the HHS Office for Civil Rights (OCR) disclosed a $5.5 million settlement with Memorial Healthcare Systems (MHS) for HIPAA violations affecting the protected health information (PHI) of 115,143 individuals.

The February 2017 Update – The Mintz Matrix

February 16, 2017 | Blog | By Cynthia Larose

As our readers know we maintain a summary of U.S. state data breach notification laws, which we refer to as the “Mintz Matrix.”

WEBINAR – Access, Correction, Erasure and Portability under the GDPR: How to Minimize the Burden

February 14, 2017 | Blog | By Susan Foster

Since September, the Mintz Levin Privacy Webinar Series has focused 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.

Who is Watching you Watch TV? If You Have VIZIO ... Your TV Might Be Watching You

February 13, 2017 | Blog | By Cynthia Larose, Joanne Dynak

What does your TV-watching history say about you? According to a recent lawsuit against VIZIO, Inc., it might be more than you think! One of the world’s largest sellers of “smart” televisions has recently paid a $2.2 million settlement following charges by the Federal Trade Commission and the Office of the New Jersey Attorney General that it was unlawfully tracking and selling 11 million consumers’ viewing data.

Ruling Vacating Target Consumer Class Settlement Highlights The Problem Of Standing In Data Breach Cases

February 9, 2017 | Blog | By Kevin McGinty

When hackers steal consumer data, injury to consumers is not a foregone conclusion. This is particularly so where credit and debit card numbers are stolen. Banks, not consumers, bear the cost of fraudulent charges.

It's Tax Time - Don't be Phished

February 1, 2017 | Blog | By Cynthia Larose

It's that taxing time of the year. Employees have received W-2 forms and the tax filing season has begun in earnest.

TCPA & Consumer Calling Update

January 27, 2017 | Blog | By Cynthia Larose

The latest update related to the Telephone Consumer Protection Act, the latest regulatory activities and a look at what 2017's Congressional committee changes may have in store for legislative outlook on consumer calling issues can be found here.

SEC May Leverage Investigation of Yahoo! Data Breaches to Clarify Prior Guidance

January 26, 2017 | Blog | By Cynthia Larose

The Securities and Exchange Commission (SEC) is investigating whether Yahoo! should have reported the two massive data breaches it experienced earlier to investors, according to individuals with knowledge.

#MLWashingtonCyberWatch: Nominees Discuss Future of Cybersecurity

January 19, 2017 | Blog | By Cynthia Larose, Joanne Dynak, Michael Katz

With Inauguration Day upon us, it's time for a #MLWashingtonCyberWatch update. President-elect Donald Trump has vocalized his support for the future of “cyber” throughout his campaign – but how will members of his cabinet act, or refuse to act, on his vision for that future?

FTC Takes Action Against D-Link for Deceptive Practices Endangering the IoT

January 13, 2017 | Blog | By Joanne Dynak, Michael Katz, Cynthia Larose

The U.S. Federal Trade Commission (“FTC”) has filed a lawsuit against device manufacturer D-Link for allegedly deceiving the marketplace about the security of its products and, in turn, unfairly placing customer privacy at risk.

WEBINAR: Transferring Data from the EU under the GDPR

January 10, 2017 | Blog | By Susan Foster

Since September, the Mintz Levin Privacy Webinar Series has focused 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.

The FINRA WORM Turns

January 6, 2017 | Blog | By Cynthia Larose

It's a new year, and time for the Financial Industry Regulatory Authority (FINRA)'s annual Regulatory and Examination Priorities Letter (the "2017 Letter"). We remind regulated entities of this list of examination priorities every year, because cybersecurity appears high on the list every year.  2017 is no exception.

New York Delays Cybersecurity Rules for Banks/Insurers Until March 1, 2017

January 5, 2017 | Blog | By Cynthia Larose, Natalie Prescott

The New York State Department of Financial Services has announced -- much to the relief of the multitude of financial services companies and insurers regulated by DFS -- that it will revamp its recently proposed cybersecurity rule.

#MLWashingtonCyberWatch: 2017 FTC and Google Complaint

January 4, 2017 | Blog | By Cynthia Larose, Michael Katz, Joanne Dynak

Google’s recent changes to its privacy policy are coming under fire from a complaint filed late last year with the Federal Trade Commission (“FTC”) that accuses the company of downplaying “transformational change” in its handling of user data. 

Welcome to 2017

January 3, 2017 | Blog | By Cynthia Larose

It's likely that 2017 will see still more data breaches and hacking stories, and companies should be looking closely at cybersecurity as a risk management issue, and not as an IT issue (we've been saying that for years ....).

The Definition of Insanity? Wendy’s Shareholders File Derivative Action Based on 2015-16 Data Breach

December 20, 2016 | Blog | By Kevin McGinty

An old saw defines insanity as doing the same thing over and over again and expecting a different result. Wendy’s shareholders recently flouted that maxim by filing a derivative action this week against officers and directors of the fast-food chain seeking recovery on behalf of the corporation for damages arising from a data breach that affected over 1,000 franchise locations between October 2015 and June 2016.

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