Data Breach

California healthcare providers can breathe a sigh of relief. Recently, the California Court of Appeals held that plaintiffs suing under the Confidentiality of Medical Information Act (“CMIA”) may not recover statutory damages from a mere...

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If your company accepts payment cards (credit, debit or prepaid) or transmits or stores cardholder data, we understand that security concerns may keep you up at night. Recent data breaches at Target, Neiman Marcus, and...

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In a decision representative of a growing trend, an Illinois trial court dismissed class claims for lack of standing following an alleged data breach....

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Today, the Attorney General ended speculation about whether the United States would ever criminally charge members of the Chinese Army by announcing that a grand jury in the Western District of Pennsylvania had issued an...

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On Tuesday, FTC Chairwoman Ramirez testified before the Senate Committee on Homeland Security and Government Affairs, explaining the FTC’s view that continued data breaches underscore the need for national data breach and security legislation....

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Data breaches are continuing to make headlines. Nearly every state has a data breach notification statute, and many of these statutes require companies to notify affected individuals without unreasonable delay. Previously, little guidance existed on...

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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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