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Banks’ Class Certification Motion Trumpets Target Data Security Failings, Ignores Impact of Card Association Settlements

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Card-issuing banks are forging ahead with their lawsuit against Target arising from the 2013 holiday shopping season data breach.  Their July 1 motion for class certification has just been unsealed, allowing a glimpse at plaintiffs’ version of the events during November and December 2013 that resulted in theft of payment card data for 40 million Target… Continue Reading

The Third Party Vendor Risk to Your Data – Wednesday Webinar

Posted in Data Breach, Events and Webinars, Security

Risks to sensitive data have never been greater. With the rise in cyber attacks and data breaches, outsourcing to third parties can present an exponential threat to corporations. New regulations, technologies, standards, and security threats require organizations to implement robust vendor oversight to meet and stay ahead of the latest risks and challenges from new… Continue Reading

Privacy Monday – August 24, 2015 – Breaking News: FTC vs. Wyndham Update

Posted in Cybersecurity, Data Breach, Federal Trade Commission, Privacy Litigation, Privacy Monday

Rather than our usual Privacy Monday “bits and bytes,” we have a breaking story relating to the ongoing Wyndham/FTC saga. Today, Wyndham Worldwide Corp. lost a critical round in the Third Circuit.   Anticipated since April, 2014, the three-judge panel upheld U.S. District Judge Esther Salas’ ruling that the Federal Trade Commission (FTC) has the authority… Continue Reading

Breaking News: Target to Settle Data Breach Claims of Visa Card Issuers for $67 Million

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Target has announced that it has entered into a settlement with Visa to resolve claims of issuers of Visa credit and debit cards arising from Target’s November 2013 data breach.  The proposed settlement will pay issuers of Visa payment cards up to $67 million to reimburse losses associated with the theft of card numbers from… Continue Reading

Privacy Monday – August 17, 2015: Three Bytes for End of Summer

Posted in Cybersecurity, Data Breach, EU Data Protection Regulation, Events and Webinars, Federal Trade Commission, HIPAA/HITECH

It’s Privacy Monday again – and summer is winding down. Here are three bytes of privacy/security information to start your week: 1.  House Committee Releases HHS Breach Investigation If you are subject to HIPAA and the oversight of the Department of Health and Human Services (HHS), schadenfreude will probably best describe your reaction. A report… Continue Reading

Neiman Marcus Chides Seventh Circuit Panel

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Neiman Marcus Petition Claims that Seventh Circuit Decision Invents Harm to Find Standing to Bring Data Breach Claims Retailer Neiman Marcus has filed a petition seeking en banc review by the entire Seventh Circuit of the decision by a three-judge panel of that court in Remijas v. Neiman Marcus Group, LLC reversing dismissal of consumer data… Continue Reading

Massachusetts Appeals Court Set to Consider Scope of Employer Liability for Employee Data Breaches

Posted in Cybersecurity, Data Breach, Employee Privacy, Uncategorized

By Breton Leone-Quick Many of the highest-profile and headline-catching data breaches involve external breaches of a company’s electronic systems. But the reality that these headlines obscure is the fact that internal data breaches are generally more prevalent and represent a primary source of concern for data security managers. The legal liability of employers for data… Continue Reading

Data Breach = Class Action Suit. Again.

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

Originally posted in Mintz Levin’s Health Law & Policy Matters Blog Written by Jordan Cohen In yet another data breach affecting millions of individuals, UCLA Health System (“UCLA”) reported on Friday – July 17, 2015 – that hackers had accessed portions of its health network that contained personal information, including names, addresses, dates of birth, social security numbers, medical record… Continue Reading

Change in the Prevailing Winds in Consumer Data Breach Cases?

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Seventh Circuit Rules Consumers Have Standing to Sue in Neiman Marcus Payment Card Data Breach Case In Remijas v. Neiman Marcus Group, LLC, the Seventh Circuit reversed a district court decision dismissing consumer payment card data breach claims for lack of standing.  The appellate panel held that injuries consisting of 1) lost time and money resolving… Continue Reading

Privacy Monday – July 20, 2015: Hack Attack on Adultery Site Ashley Madison

Posted in Cybersecurity, Data Breach, Data Breach Notification, HIPAA/HITECH, Privacy Monday

It’s Monday!   Once again, data breaches and hacks are front and center, so here are three stories you should know about to start your week. 1.    The Site that Promises “Discreet Encounters” Hacked — Karma? If you have not heard the provocative ad campaign launched by a site called AshleyMadison, it may surprise… Continue Reading

Home Depot Moves to Dismiss Bank Data Breach Claims on Standing and Ripeness Grounds

Posted in Class Action Litigation, Data Breach, Privacy Litigation

In its recently-filed motion to dismiss claims of card-issuing banks arising from the September 2014 theft of payment card data from Home Depot point of sale terminals, Home Depot employs an approach typically used to respond to consumer claims.  In payment card data breach cases, defendants typically argue that consumers lack standing to sue because card… Continue Reading

Privacy Monday – June 22, 2015

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

The first Privacy Monday of the summer! It’s appropriate that the “boys of summer” feature prominently in today’s post. Strike three for the St. Louis Cardinals? On another summer Privacy Monday in 2014, we made note of a reported hack into the Houston Astros’ vaunted “Ground Control” database and GM Jeff Luhnow said he intended to prosecute whoever… Continue Reading

Data Breach Affects Millions of Current and Former Government Workers

Posted in Class Action Litigation, Data Breach, Data Compliance & Security, Employee Privacy, Identity Theft, Privacy Litigation, Security

The U.S. Office of Personnel Management (OPM) announced that hackers have stolen the personal information of approximately 4 million current and former federal employees, including names, birthdates and social security numbers.  OPM serves as the human resources department -and holds employee records – for the entire federal government, ranging from security clearances to the identities… Continue Reading

Home Depot Moves to Dismiss Consumer Data Breach Claims for Lack of Standing

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Home Depot has staked its defense of consumer claims arising from the 2014 theft of payment card data from the home improvement retailer on the asserted absence of injuries sufficient to confer standing to sue.  Because consumers rarely sustain out-of-pocket losses when their payment card numbers are stolen, lack of standing is typically the primary… Continue Reading

Failure to Obtain Required Retailer Approval Scuttles Target-MasterCard Data Breach Settlement

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Target’s attempt to resolve claims of MasterCard-issuing banks through a $19 million private settlement with MasterCard has been terminated for failure of issuers of 90% of the affected cards to accept the settlement by the Wednesday, May 20 acceptance deadline.  Press reports on Friday, May 22 indicated that both Target and MasterCard had confirmed that… Continue Reading

CNA Denies Cyber Insurance Claim

Posted in Cybersecurity, Data Breach, Insurance, Privacy Litigation

Key takeaway:   The insurance applications and underwriting questionnaires prepared in connection with cyber insurance do matter. Cyber security, and cyber insurance, have dominated the industry headlines for several years now, but even as companies, brokers and insurers work to develop these products, there has been a dearth of case law interpreting key provisions.  This is beginning to change… Continue Reading

Privacy Monday – May 18, 2015

Posted in Children, Cybersecurity, Data Breach, Data Breach Notification, Data Compliance & Security, Events and Webinars, Mobile Privacy, Online Advertising, Privacy Monday, Security, Uncategorized

It’s Monday morning — do you know your privacy/security status? Here are a few bits and bytes to start your week. SEC to Registered Investment Advisers and Broker-Dealers:  It’s Your Turn to Pay Attention to Cybersecurity The Division of Investment Management of the Securities & Exchange Commission (SEC) has weighed in on cybersecurity of registered investment companies… Continue Reading

Judge in Target Data Breach Litigation Declines to Block MasterCard Settlement

Posted in Class Action Litigation, Data Breach

Senior U.S. District Court Judge Paul Magnuson issued an order  on Thursday, May 7 denying a request by counsel for card issuer banks to enjoin the settlement of data breach related claims negotiated between Target and MasterCard.  As we have previously reported, the proposed settlement would provide compensation to MasterCard-issuing banks for fraud losses and… Continue Reading

Breaking Down the DOJ Cybersecurity Unit’s Guidance on Responding to Cyberattacks

Posted in Cybersecurity, Data Breach, Data Compliance & Security, Privacy Litigation, Security

Another federal agency has weighed in with “guidance” on cybersecurity preparation and breach response.  The Department of Justice (DOJ) is the latest to issue guidance on how companies should respond to data breaches.   The guidance is not perfect, and in some respects is simply a recitation of existing best practices, but it is still valuable because… Continue Reading