Privacy & Security Matters Mintz Levin : Data Compliance & Security, Employee Privacy Lawyer & Attorney

Monthly Archives: April 2013

Upcoming Events

Posted in Events and Webinars

Mark your calendars:  Upcoming events with Mintz Levin privacy attorneys Boston, Thursday, May 2, 2013, New England Legal Foundation – Cyber Security: Advising Corporate Leaders on Critical Risk Issues Everywhere, Thursday, May 2, 2013,  CBIZ MHM/Mintz Levin Webinar, Outsourcing Services to a Third Party: Privacy Impacts and Service Organization Control Reporting Seattle, WA, Friday, May 10,… Continue Reading

Data Breach at Gunpoint

Posted in Data Breach, Data Breach Notification, Identity Theft

Written by Amy Malone You might think that if you lock your backup tapes in a safe they are protected from a data breach, but Kmart’s recent data breach proves that’s not the case.  Last month, a person held a Kmart employee in Little Rock, Arkansas at gun point and ordered him to open the… Continue Reading

War of Words Regarding Implementation of Amendments to COPPA – UPDATE

Posted in Children, Federal Trade Commission, Privacy Regulation

UPDATE — The Federal Trade Commission has published its promised COPPA FAQs here.      Volley #1 – Trade Associations to FTC:  Please Delay! The long-awaited amendments to the Children’s Online Privacy Protection Act (COPPA) have been the subject of much discussion and debate.  Last week, Federal Trade Commission (FTC) Chairwoman Edith Ramirez received letters… Continue Reading

EU Data Protection Regulation: Looming closer . . .

Posted in European Union, Legislation

Written by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) The draft of the new Data Protection Regulation, the first EU privacy law with highly serious teeth in the form of fines based on global turnover, continues to wend its way through various committees of the European Parliament (EP).  The European Parliament recently pushed… Continue Reading

A heartfelt “thank you”

Posted in Uncategorized

Mintz Levin was founded in 1933 in Boston, and our largest office is located here.   Since Monday evening, we have received countless expressions of concern and support from clients, colleagues and friends around the world.  For that, we thank you. We also want to take this opportunity to cross-post from our Health Law Policy Matters blog… Continue Reading

“Red Flag” Compliance Requirements Come to Investment Advisors, Broker-Dealers – UPDATE

Posted in Data Compliance & Security, Identity Theft, Privacy Regulation

  UPDATE:   We have prepared a detailed Client Alert as a guide to getting started with these new Red Flag Rules and compliance obligations.   You can read it here.   It has been several years since the Federal Trade Commission’s Red Flag Rule took effect; and the banking regulators have had the Red Flag… Continue Reading

D.C. Developments on the Cybersecurity Front – UPDATE

Posted in Cybersecurity

Written by Cynthia Larose and Heidi Lawson UPDATE:  The House Permanent Select Committee on Intelligence passed the Cyber Intelligence Sharing and Protection Act (CISPA) this afternoon. The vote was 18 in favor and two (Adam Schiff (D-CA) and Jan Schakowsky (D-IL)) against.   For more information, read The Hill.   The last 24 hours have seen… Continue Reading

Yet Another Zip Code Class Action Filed in Massachusetts

Posted in Class Action Litigation, Privacy Litigation

Written by Amy Malone Earlier this month, we reported on the privacy case against craft giant Michaels Stores (see our blog post here, as well as our client alert here) in which the plaintiff alleged that Michaels illegally collected zip codes during credit card transactions. The case was ultimately dismissed by the federal district court,… Continue Reading

Cybersecurity Disclosure: A Panel Discussion with the SEC’s Division of Corporation Finance

Posted in Cybersecurity, Data Breach

Last week in Washington, D.C., this author had the opportunity to sit in on a panel discussion by the SEC’s Division of Corporation Finance (“CorpFin”) discussing, among other things, recent developments in cybersecurity disclosure in public company filings.  The panel included CorpFin’s Acting Director Lona Nallengara, Deputy Director of Disclosure Operations Shelley Parratt and others from CorpFin…. Continue Reading

EU versus Google: A test case for the viability of a global data protection policy?

Posted in European Union, Privacy Regulation

Written by Susan Foster, Solicitor England & Wales/Admitted in California (LONDON) The EU has escalated its existing investigation of Google’s global privacy policy, a policy covering all of Google’s services that was introduced by Google last year.  Up until April 3, the French data protection authority, CNIL, had effectively been tasked with engaging with Google… Continue Reading

Hannaford Data Breach Class Action Certification: Denied

Posted in Class Action Litigation, Data Breach, Privacy Litigation

Written by Kevin McGinty Damages issues continue to bedevil would-be data breach class action plaintiffs.  A long and growing line of cases holds that consumers cannot maintain claims arising from theft of their personal or financial data without alleging that the theft resulted in financial injury.  One notable exception to this trend was the First… Continue Reading