Data Breach

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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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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