Privacy and Cybersecurity Solutions

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ABA Explains Lawyers’ Ethical Obligations for Data Security and Data Breach

By Spencer Fane Team on March 12, 2019

March 12, 2019 Publications Lawyers, like others in business, must comply with the data security and data breach notification laws of the 50 states that are applicable to their practices. But, according to the American Bar Association, their obligations do not end there. On October 17, 2018, the ABA issued Ethics Opinion 483 titled Lawyers’ Ethical Obligations After an Electronic Data Breach or Cyberattack. Ethics Opinion 483 does not supplant existing laws. Instead, it imposes…

Privacy and Cybersecurity Solutions

Revisit Privacy Notices for the New Year

By Spencer Fane Team on March 4, 2019

March 4, 2019 Publications Consumer-facing privacy notices carry legal consequences and a carefully drafted privacy notice may function to save a company in data privacy litigation or regulatory actions. Accordingly, several reasons exist for companies to frequently revisit privacy notices. Throughout the course of the year companies change business practices, implement new technologies, or create footprints in new markets. Changes such as these often translate into differences in how personal data is obtained, used, stored,…

Privacy and Cybersecurity Solutions

Revisit Privacy Notices for the New Year

By Spencer Fane Team on March 4, 2019

Privacy and Cybersecurity Solutions

Yahoo! Data Breach Settlement Increases Risk for Companies’ Directors and Officers

By Spencer Fane Team on February 26, 2019

February 26, 2019 Publications The recent Yahoo! settlement marks a substantial step in data breach shareholder derivative litigation that increases the risk for officers and directors of companies that have a data breach. On January 9, 2019, Yahoo! Agreed to pay a total of $29 million to its shareholders to settle a lawsuit against several former directors and officers alleging that their poor management of the company led to the data breaches which substantially impacted…

Privacy and Cybersecurity Solutions

Yahoo! Data Breach Settlement Increases Risk for Companies’ Directors and Officers

By Spencer Fane Team on February 26, 2019

Privacy and Cybersecurity Solutions

Illinois: Land of 12 Million Biometric Privacy Regulators

By Spencer Fane Team on February 20, 2019

February 20, 2019 Publications The Supreme Court of Illinois recently held that every Illinois citizen has a private right of action to enforce violations of the Illinois Biometric Information Privacy Act (“BIPA”) without alleging or showing actual harm. Businesses collecting, using and storing the biometric data of Illinois consumers take notice: there are over 12 million regulators with the power to enforce this law against you. But don’t worry too much, the state’s high court…

Privacy and Cybersecurity Solutions

Illinois: Land of 12 Million Biometric Privacy Regulators

By Spencer Fane Team on February 20, 2019

Privacy and Cybersecurity Solutions

Texas Businesses Must Implement and Maintain Reasonable Cybersecurity Safeguards According to State Attorney General

By Spencer Fane Team on February 14, 2019

February 14, 2019 Publications Texas law requires businesses to implement and maintain reasonable cybersecurity, which they should do so with a written program for managing cyber risk and protecting sensitive customer information. This warning came from the state’s Attorney General following his office’s $1.5 Million settlement with Neiman Marcus over its 2013 data breach. The law referenced is the Texas Identity Theft Enforcement and Protection Act which specifically states, “[a] business shall implement and maintain…

Privacy and Cybersecurity Solutions

Texas Businesses Must Implement and Maintain Reasonable Cybersecurity Safeguards According to State Attorney General

By Spencer Fane Team on February 14, 2019

Privacy and Cybersecurity Solutions

Pennsylvania Employers Have a Duty to Safeguard Employees’ Data, Says High Court

By Spencer Fane Team on February 6, 2019

February 6, 2019 Publications Late last year, the Supreme Court of Pennsylvania ruled that employers have a legal duty to safeguard employee’s sensitive personal information stored on an internet-accessible computer system and that the state’s economic loss doctrine allowed the plaintiffs in Dittman to recover for purely monetary damages. In 2014, Barbara Dittman and six other employees of University of Pittsburgh Medical Center (UPMC) filed a class action complaint against UPMC, alleging that a data…

Privacy and Cybersecurity Solutions

ABA Explains Lawyers’ Ethical Obligations for Data Security and Data Breach

Revisit Privacy Notices for the New Year

Revisit Privacy Notices for the New Year

Yahoo! Data Breach Settlement Increases Risk for Companies’ Directors and Officers

Yahoo! Data Breach Settlement Increases Risk for Companies’ Directors and Officers

Illinois: Land of 12 Million Biometric Privacy Regulators

Illinois: Land of 12 Million Biometric Privacy Regulators

Texas Businesses Must Implement and Maintain Reasonable Cybersecurity Safeguards According to State Attorney General

Texas Businesses Must Implement and Maintain Reasonable Cybersecurity Safeguards According to State Attorney General

Pennsylvania Employers Have a Duty to Safeguard Employees’ Data, Says High Court

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