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Privacy Monday – May 4, 2015: Shaping Up — Update on the EU’s Draft General Data Protection Regulation

Posted in Data Breach, Data Breach Notification, EU Data Protection Regulation, European Union, Events and Webinars, Uncategorized

On this Privacy Monday, we can definitely say that the long winter of our discontent (at least for some of our readers) is over.    Happy spring! In case you missed it,  last Wednesday we presented the fourth in our Wednesday Webinar series on the progress of the EU draft Data Protection Regulation and what we… Continue Reading

Target and Card Issuers Dispute Use of MasterCard Settlement to Resolve Data Breach Claims

Posted in Class Action Litigation, Cybersecurity, Data Breach, Privacy Litigation

In the wake of Target’s April 15 announcement of a private $19 million settlement of the data breach claims of MasterCard-issuing banks, counsel representing the putative card issuer class in the consolidated Target data breach litigation moved to enjoin the proposed settlement, arguing that it is an improper end-run around the Minnesota federal court’s adjudication… Continue Reading

UPDATE: Target Confirms It Has Negotiated A $19 Million Data Breach Settlement With MasterCard

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Target confirmed a report in the Wednesday edition of The Wall Street Journal of a settlement with MasterCard concerning claims of card-issuers arising from Target’s 2013 data breach.  The data breach, which occurred during the post-Thanksgiving holiday shopping season, compromised over 40 million credit and debit cards used to make purchases at Target stores. The… Continue Reading

Report: Target Close To $20M Data Breach Settlement With Master Card

Posted in Class Action Litigation, Data Breach, Privacy Litigation

According to a report published today in The Wall Street Journal, Target and MasterCard are close to reaching a settlement of the claims of MasterCard-issuing institutions in connection with Target’s 2013 data breach.  The settlement would reimburse the cost of reissuing debit and credit cards compromised by the breach, as well as a portion of… Continue Reading

Precedent and the Price Explain Why Target and the Consumer Class Agreed to an Early Data Breach Settlement

Posted in Class Action Litigation, Data Breach, Data Breach Notification, Privacy Litigation, Uncategorized

On March 18, 2015 – just three months after denial of a motion to dismiss consumer claims arising from Target’s 2013 data breach – Target and the consumer class filed papers seeking approval of a settlement.  The proposed settlement agreement creates a  $10 million cash fund to be paid out to class members claiming actual damages arising… Continue Reading

More than Employees Bargained For: Do Union Employees Have a Right to Bargain Over Company Data Breaches?

Posted in Data Breach, Data Breach Notification

Originally posted to Mintz Levin’s Employment Matters Blog These days most employers manage a vast amount of electronic information about their employees, including the employees’ personal identifying information. But, what obligations do employers have to unionized employees with respect to managing that information and bargaining with them in the event of a breach of their private… Continue Reading

Target Data Breach Price Tag: $252 Million and Counting

Posted in Class Action Litigation, Cybersecurity, Data Breach, Data Breach Notification, Privacy Litigation

In a recently-released Form 8-K filing announcing fourth quarter and year-end financial results, Target Corporation reported that expenses incurred in 2014 relating to its 2013 data breach totaled over $191 million.  Those expenses were offset by $46 million in insurance proceeds, resulting in a $145 million charge against Target’s 2014 operating results.  The expenses incurred… Continue Reading

Two Upcoming Privacy/Cybersecurity Events – Register Now!

Posted in Cybersecurity, Data Breach, Employee Privacy, Events and Webinars, Security

The Mintz Levin Privacy & Data Security Team invites you to register and join us at two upcoming events: Our next Wednesday Webinar is coming up on February 25th, with a focus on privacy in the workplace. Our workplace is everywhere these days, which makes employment and privacy compliance even more challenging. Jen Rubin and Gauri Punjabi will discuss developments… Continue Reading

Could the Anthem Hack Happen in NY? New Report Highlights Risk for NY Insurers

Posted in Cybersecurity, Data Breach, HIPAA/HITECH, Security

The New York State Department of Financial Services (the “Department”) recently released a “Report on Cyber Security in the Insurance Sector” (the “Report”). The Report was released on February 8, 2015,  just four days after Anthem first reported the breach of its database estimated to contain as many as 80 million customer records. While the… Continue Reading

The Anthem Data Breach: The Fallout and What’s Next

Posted in Class Action Litigation, Cybersecurity, Data Breach, Data Breach Notification, HIPAA/HITECH, Identity Theft

By now (unless you have been under a snow drift), you have likely heard about the apparent intrusion into a database at the nation’s largest health insurer, Anthem, Inc.  Rather than reiterate the facts as currently known (see Anthem’s dedicated website for updates), we’ll look at the fallout and what’s next.

Privacy Monday – January 26, 2015

Posted in Cybersecurity, Data Breach, HIPAA/HITECH, Legislation, Privacy Monday, Privacy Regulation, Uncategorized

Good Monday – The East Coast prepares for Apocalypse (Sn)ow. In the meantime, here are three privacy-related tidbits for your day. Privacy Concerns Cause Scale Back of Release of HealthCare.gov Data We spend a fair amount of time warning about third party vendors and the risk that such vendors can pose to sensitive data.  … Continue Reading

Cybersecurity and Privacy in State of the Union Address

Posted in Children, Cybersecurity, Data Breach, Data Breach Notification, Data Compliance & Security, Legislation, Privacy Regulation, Security

As expected in his State of the Union address last night, President Obama made it very clear that cybersecurity is on his agenda for 2015.  After stating that:  “No foreign nation, no hacker should be able to shut down our networks, steal our trade secrets or invade the privacy of American families, especially our kids,”… Continue Reading

White House Proposes National Data Breach Notification Standard

Posted in Cybersecurity, Data Breach, Data Breach Notification, Federal Trade Commission, Legislation, Privacy Regulation

Written by Cynthia Larose, CIPP and Ari Moskowitz, CIPP This has been a big week for cybersecurity announcements from Washington.   In what the White House has called a series of “SOTU Spoilers,” President Obama announced his intention to follow through on some of the recommendations in his administration’s Big Data report — the culmination of… Continue Reading

For the New Year – A New Mintz Matrix of State Data Breach Notification Laws

Posted in Data Breach, Data Breach Notification, Legislation, Privacy Regulation, Uncategorized

Make sure to get your January 2015 Mintz Matrix!     Available here for downloading and always linked through the blog right hand navigation bar. Things you will not want to miss: California has significantly amended its breach notification requirements Kentucky’s new data breach law (2014) is expanded effective January 1 As always, this chart is… Continue Reading

Consumer Claims Survive Motion to Dismiss in Target Data Breach Class Action

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Written by Kevin McGinty A recent ruling by Federal District Judge Paul Magnuson will permit most of the consumer claims in the Target data breach litigation to survive Target’s motion to dismiss.  This most recent ruling follows on the heels of the court’s December 2 decision partially denying Target’s motion to dismiss consolidated complaint of… Continue Reading

On the Twelfth Day of Privacy, My True Love Gave to Me …. 12 Different Types of Wearables!

Posted in 12 Days of Privacy, Cybersecurity, Data Breach, Data Compliance & Security, Privacy Regulation, Security

And what will that new gadget be spilling about you??  Written by Julia Siripurapu, CIPP There is no doubt that wearable devices are among the hottest gifts of the season! From fitness bands and smart watches to wearable cameras and the Google Glass, there is definitely someone on your list (including you!) who may benefit… Continue Reading

On the Sixth Day of Privacy, the hackers gave to Sony……

Posted in 12 Days of Privacy, 201 CMR 17.00, Cybersecurity, Data Breach, Data Compliance & Security, Security

many more than six different hacks…….and headaches…… Written by Jonathan Ursprung With the holiday season in full swing, many of us are struggling with that age-old question: “what do you get for the person who has everything?”  Well, if that person happens to be your supreme leader, the answer may very well be “a massive download… Continue Reading

On the Third Day of Privacy, the Shareholders Gave to Me……

Posted in 12 Days of Privacy, Cybersecurity, Data Breach, Data Compliance & Security, Privacy Regulation, Security

…….Shareholder Proposals on Cybersecurity and Privacy: Another Country Heard From  Written by Megan Gates As the holiday season slips into the rear view mirror, another season looms large for public companies —- proxy season.  Adding to the ever-growing chorus of demands for increased transparency by public companies on cybersecurity and privacy matters, institutional shareholders have… Continue Reading

On the Second Day of Privacy, Plaintiffs’ Counsel Gave to Me . . .

Posted in 12 Days of Privacy, Cybersecurity, Data Breach, Privacy Litigation

  . . . still more privacy litigation.  In 2015, we are likely to see further development of the law in data breach class actions, continuing growth in statutory privacy claims, and increased risk of privacy-related claims arising from burgeoning merger and acquisition activity. Written by Kevin McGinty and Meredith Leary “Trying to predict the future is a… Continue Reading

Issuer Banks’ Claims in Target Data Breach Litigation Survive Motion to Dismiss

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Written by Kevin Mc Ginty Federal District Judge Paul Magnuson has ruled that banks that issued credit and debit cards to customers whose data was stolen in the December 2013 Target data breach could continue to litigate claims against Target for negligence and violation of Minnesota’s Plastic Security Card Act (“MPCSA”), Minn. Stat. § 325E.64.  The… Continue Reading

Global Internet Threat Activity

Posted in Cybersecurity, Data Breach, Data Compliance & Security, Identity Theft, Security

Often, privacy and security professionals are seen as “paranoid” or “Chicken Little” ….. statistics are pointing to something that more closely resembles the canary in the coal mine. A new Internet Security Threat Report provides an overview and analysis of the year’s global internet threat activity. The report is based on data from the Symantec™… Continue Reading

Home Depot Data Breach Litigation: Venue and Consolidation

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Written by Kevin McGinty Substantive litigation in the flood of lawsuits concerning the recent Home Depot data breach awaits a determination of where the cases will be heard.  Numerous overlapping lawsuits have been filed in courts throughout the United States asserting claims on behalf of consumers and financial institutions arising from the massive theft of… Continue Reading

Court Dismisses Shareholder Derivative Action Targeting Directors and Officers for Data Breaches

Posted in Cybersecurity, Data Breach, Privacy Litigation

Written by David Barres A federal district court in New Jersey has dismissed with prejudice a shareholder derivative suit, Palkon v. Holmes, No. 14-CV-01234 (SRC) (D.N.J.), that tried to blame the directors and officers at hospitality company Wyndham Worldwide Corporation (“Wyndham”) for a series of data breaches. The court’s decision is notable because it illustrates some… Continue Reading