Data Breach

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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Like most states, Missouri has in place a data breach notification law that requires any entity that experiences a data breach involving covered personal information to “provide notice to the affected consumer that there has...

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On Oct. 20, 2011, the First Circuit Court of Appeals partially reversed the district court’s decision dismissing some plaintiffs’ claims in the class action lawsuit stemming from the 2008 Hannaford Bros. (“Hannaford”) data breach.  In...

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In an Executive Order (the “Order”) released Friday, October 7, President Obama directed a number of activities to be carried out that are intended to “ensure the responsible sharing and safeguarding of classified national security...

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Texas has never been known as a state that loves to regulate and its current governor has made a name for himself by being staunchly anti-regulation, but its recent Texas Security Breach Bill (HB 300),...

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The Northern District of California denied Defendant RockYou, Inc.’s motion to dismiss in Claridge v. RockYou, Inc., No. C 09-6032 PJH, making this data-breach case one of the firsts to proceed beyond discovery.  In Claridge,...

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If you haven’t already, you are about to get an email or letter informing you that your email address may have been obtained by unauthorized parties.  Email marketing firm Epsilon suffered a data breach late...

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On August 18, 2010, the Connecticut Department of Insurance released a bulletin to its regulated entities imposing a new requirement for those entities to notify the Commissioner’s office in writing “as soon as the incident...

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HHS announced last week that it was withdrawing a proposed Final Rule on Breach Notification for Unsecured Protected Health Information from Office of Management and Budget (“OMB”) review “to allow for further consideration.” While the...

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