Data Breach

In a case that fundamentally challenges the Federal Trade Commission’s ability to regulate data security, the Commission has denied a motion to dismiss its own complaint against a cancer-detection laboratory LabMD for alleged data security...

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Clients often ask whether we think a particular piece of privacy, data security, consumer protection or similar legislation will be passed by Congress. And, more often than not, the answer is no. I’d like to...

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Yesterday, ZwillGen lawyers Marc Zwillinger and Jon Frankel, along with Anne Toth, Founder and CEO of Privacyworks and Josh Galper, Chief Policy Officer and General Counsel for Personal spoke at the National Law Journal 2013...

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Cyber Insurance Comes of Age

November 7, 2013 | 0 Comments

In two recent cases, certain contours of the cyber insurance industry were refined.  In the first case, a court found that the existence of a common law right of privacy thwarted an argument by an...

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On January 1, 2014, a new data breach notification law will take effect in  California (of course).  The Golden State has been leading the charge for years in enacting data privacy and security standards and...

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In a September 3 ruling, the Fifth Circuit overruled a district court and held that  New Jersey’s version of the “economic loss doctrine” permits a card issuer to sue a payment processor for negligence when...

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