Privacy & Cybersecurity

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March Fadness: Wearable Tech in the Workplace and Privacy

March 28, 2017 | Blog | By Cynthia Larose, Michael Katz

Wearable technology continues to do a full-court press on the marketplace and in the process, the step counters of the world and health apps tied to devices capable of tracking real-time biostatistics, are revolutionizing the way companies think about wellness.
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EU General Data Protection Regulation Webinar Series

March 22, 2017 | Blog | By Cynthia Larose, Susan Foster

Since September, the Mintz 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.
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More Broken Privacy Promises from Upromise: Key Takeaways From Upromise’s Latest Settlement with the FTC

March 20, 2017 | Blog | By Wynter Deagle, Cynthia Larose

“Don’t make promises that you don’t intend to keep” is an admonishment received by every child and delivered by every parent. This pithy maxim is equally applicable to consent orders entered into with regulatory authorities. Indeed, Upromise’s failure to abide by it is costing the company $500,000 in the form of a civil penalty from the Federal Trade Commission (FTC).
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Avoiding Employee Data Breaches Has Nothing to Do With Luck .....

March 17, 2017 | Blog | By Cynthia Larose

We are well into March Madness … and Happy St. Patrick’s Day!
You may have already had your bracket busted by now…..but you should have Mintz Levin’s Third Annual Employment Law Summit on your schedule and the panel on Cybersecurity and Employee Data Breaches may help you avoid a security incident/personal data buster.
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Cloudbleed: Three Risk Management Lessons Learned 

March 13, 2017 | Blog | By Cynthia Larose

Recently, a Google researcher discovered a serious flaw with the content delivery network (CDN) provided by CloudFlare. This vulnerability has now become known as Cloudbleed, in a nod to the earlier Heartbleed SSL vulnerability. 
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Does Class Settlement Of Bank Claims In Home Depot Data Breach Litigation Pass The “Superiority” Test?

March 10, 2017 | Blog | By Kevin McGinty

Counsel for a class of card-issuing banks filed a settlement agreement on March 8 proposing a class settlement to resolve claims arising from the 2014 theft of payment card data from Home Depot point-of-sale terminals.
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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. 
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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. 
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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).
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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.
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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.
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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.”
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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.
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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.
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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.
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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.
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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.

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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.
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#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?
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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.
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