Topic
Data Breach
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Privacy & Information Security Law Blog
Forensic Report Deemed Not Privileged: Capital One Ordered to Release Report
Last month, in In re: Capital One Customer Data Security Breach Litigation, E.D. Va., No. 1:19-md-02915, U.S. Magistrate Judge John Anderson (the “Judge”) ordered Capital One Financial Corp. (“Capital One”)…
Privacy Compliance & Data Security
CCPA Regulations: What Are Reasonable Security Procedures and Practices?
By Odia Kagan
Under the California Consumer Privacy Act (CCPA), a data breach resulting from a lack of "reasonable security procedures and practices" gives rise to a private right of action (e.g. for…
Workplace Privacy, Data Management & Security Report
CCPA Litigation is on the Rise: Is Your Organization Prepared?
By Joseph J. Lazzarotti, Jason C. Gavejian, Maya Atrakchi
On January 1, 2020 the California Consumer Privacy Act (CCPA) took effect. Largely considered the most expansive U.S. privacy law to date, there has been much anticipation over the impact…
Privacy and Cybersecurity
Securing Online Shopping has Never Been More Important
By Jon Washburn
In the wake of the COVID-19 pandemic, more consumers than ever before are shopping online - and they’re not likely to be very forgiving to any retailer that breaches their…
Privacy & Information Security Law Blog
Italian Garante Fines Bank 600,000 Euros for Pre-GDPR Data Breach
The Italian Data Protection Authority recently announced that it had levied a 600,000 euro fine on a banking institution for several violations of the Italian Personal Data Protection Code, in…
Minding Your Business
District Court Affirms Order Requiring Production of Cyber-Investigation Report after Considering Totality of Circumstances
By Stephanie A. Diehl, Nolan Goldberg
As we previously reported, the Magistrate Judge in In re: Capital One Customer Data Security Breach Litigation, found that a forensic report that Capital One had claimed was protected by…
Ad Law Access
District Court Affirms Need to Turn Over Data Breach Report
Earlier this month, we offered our analysis and takeaways from a Magistrate Judge’s decision that defendant Capital One was required to produce a third-party data breach assessment report as part…
Minding Your Business
Margaret Dale Explores Ways to Protect Privilege After Data Breach
Proskauer’s Vice-Chair of the Litigation Department and Minding Your Business blog editor, Margaret Dale was recently featured on Thomson Reuters’ Practical Law, where she explores ways that clients can protect…
Privacy Compliance & Data Security
Citing NY’s SHIELD Act, NYSBA Approves Cybersecurity CLE Requirement for All Attorneys
Citing a rise in data breaches among New York law firms coupled with the recent enactment of the SHIELD Act that "creates, for the first time, substantive security requirements for…
Ride the Lightning
Federal Court: Cybersecurity Forensic Report Not Privileged Under Attorney Work Protect Doctrine
The National Law Review posted on June 12 that the United States District Court for the Eastern District of Virginia held that a cybersecurity investigation report was not protected by…