Two courts. Two days. Two different results. On March 7, on remand from the U.S. Court of Appeals for the Eighth Circuit, a federal district court judge in Minnesota granted a motion to dismiss a consumer class action suit involving
Privacy and Cybersecurity Perspectives
Insights into privacy and cybersecurity developments in business and healthcare
Privacy and Cybersecurity Perspectives, published by Murtha Cullina LLP, focuses on legal developments and regulatory issues related to data privacy, cybersecurity threats, and compliance obligations. The blog covers topics such as consumer privacy laws including the California Privacy Rights Act, HIPAA compliance and enforcement actions, cybersecurity risks facing healthcare and other industries, and best practices for managing remote workforce security. It also addresses government enforcement trends, risk analysis requirements, and the impact of evolving privacy regulations on businesses. The content is aimed at helping organizations navigate complex privacy and cybersecurity legal frameworks and implement effective compliance strategies.
Latest from Privacy and Cybersecurity Perspectives - Page 7
Yahoo to Pay $80 Million to Settle Securities Class Action Based on Data Breaches
Yahoo agreed to pay shareholders $80 million to settle a federal securities class action suit, as detailed in the parties’ March 2, 2018 proposed settlement agreement filed with the court. In that suit, the shareholders claimed that Yahoo failed to…
Welcomed Draft Commentary from the Sedona Conference on BYOD
Many organizations struggle with whether to permit employees to use their own electronic devices (e.g., mobile phones, tablets, laptops) to conduct business on behalf of the organization. In addition to discovery challenges in the event of litigation, the use of…
SEC Issues New Cybersecurity Disclosure Guidance for Public Companies
On February 21, 2018, the SEC approved new interpretive guidance to assist public companies in preparing their disclosures about cybersecurity risks and incidents. The Release builds upon and expands on the SEC’s 2011 staff guidance on cybersecurity matters.…
SCOTUS Denies Cert on CareFirst: No Clarity on Harm in Data Breach Cases This Session
On February 16, 2018, the U.S. Supreme Court denied certiorari to review CareFirst’s appeal of the U.S. Court of Appeals, D.C. Circuit’s decision in Attias v. Carefirst, Inc., 865 F.3d 620 (D.C. Cir. 2017). The D.C. Circuit held that the threat…
Out-of-Business File Storage Company Paid $100K for Alleged HIPAA Violations
Yesterday, DHHS’s Office for Civil Rights (OCR) announced a $100,000 settlement with a dissolved medical records moving and storage company in Illinois. This is another example of OCR bringing enforcement actions against a business associate under HIPAA. OCR investigated a…
Massachusetts Launches New Online Breach Reporting Form
On Monday, February 5, 2018, the Massachusetts Attorney General’s Office (AGO) sent an e-mail blast regarding their new online form for businesses needing to report breaches under Chapter 93H of the Massachusetts General Laws. As of February 1, 2018, the…
$3.5 M OCR Settlement for Five Breaches Affecting Fewer Than 500 Patients Each
Yesterday, OCR announced its $3.5 million settlement with Fresenius Medical Care Holdings (“Fresenius”) to resolve alleged HIPAA violations. While the large settlement figure alone is eye-catching, the underlying facts require the complete attention of HIPAA covered entities. OCR is sending…
Can’t This Just Be Over? Standing In Cybersecurity Claims
In August, the United States Court of Appeals for the DC Circuit revived a class action lawsuit, holding that the threat of harm from a data breach is enough to satisfy the “injury in fact” standing requirement. Attias v. Carefirst,…
Connecticut Recognizes New Cause of Action for Breach of Patient/Physician Confidentiality
Based on the decision in a recent Connecticut Supreme Court case, patients may now sue physicians for breaching confidentiality. Previously, Connecticut did not recognize breach of confidentiality as a cause of action. The unauthorized disclosure at the heart of Byrne…