Topic
Data Breach
3,452 published works
Class Action Lawsuit Defense
Clapper Again Stymies Data Breach Class Action
By Judy Selby
Editor's Note: This blog post is a joint submission with BakerHostetler's Data Privacy Monitor blog. The U.S. Supreme Court’s decision in Clapper v. Amnesty International USA again has been relied on by…
Life Sciences Legal Update
Recent OCR Enforcement Activities Cause Serious Case of Déjà Vu: Theft of Unencrypted Laptops Leads to Two Separate HIPAA Settlements
By Brad Rostolsky, Nancy Halstead
Two separate instances of unencrypted laptop theft from different health care providers have resulted in two settlements for potential violations of the HIPAA Privacy and Security Rules. These alleged violations…
Data Counsel
HHS OCR Settles Post-Data Breach Investigation for Record $4.8M
On May 7, 2014, HHS OCR announced a pair of resolution agreements with New York Presbyterian Hospital (NYP) and Columbia University (CU) totaling $4.8 million dollars—the highest settlement amount to…
Password Protected
Breach Notification Dilemma
Several years ago, while still prosecuting computer crime cases for the Justice Department, I learned about two community banks in a small Midwest town. They had been competitors for decades.…
Health Law Rx
Security Breach May Not be Covered by Your General Liability Policy
Data breaches are certainly not unique to the healthcare industry. Large data breaches like the one experienced by Target stores in late 2013 seem increasingly common. Retail, financial, and other…
Class Action Lawsuit Defense
Data Breach Class Action Standing Post-Clapper
Our own Judy Selby has a new piece out on Law360 analyzing standing for data breach class cases after the Supreme Court's decision in Clapper: "No Data Misuse? No Standing…
Securities Compliance Sentinel
Data breaches and third-party vendors; what do you need to know.
By Joshua Horn
I recently blogged about the pervasive nature of data breaches and the particular risks presented to this industry. Many firms may think that they are secure because they used a…
Retail & Consumer Products Law Observer
California Legislature Seeks to Restrict Data Use and Ramp Up Retailer Liability for Data Breaches
A bill has been introduced in the California legislature that would dramatically increase retailers’ liability for data breaches. Dubbed the “Consumer Data Breach Protection Act,” Assembly Bill 1710 would enact…
Health IT Law Blog
Washington state inadvertently released computers containing PHI and other sensitive data
All state governments dispose of large numbers of older computers each year, and while they all have procedures in place to scrub sensitive data from the hard drives before releasing…
Workplace Privacy, Data Management & Security Report
Iowa Amends Its Breach Notification Law, Attorney General Notification Required For Breaches Affecting More Than 500 Iowans
Iowa made changes to its breach notification law (Iowa Code § 715C.1 et seq.) when the state's Governor, Terry Branstad, signed S.F. 2259 into law. The amendment makes the following key changes…