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After TransUnion, Lower Courts Grapple With Article III Standing in Data Breach Lawsuits

In a data breach lawsuit, a plaintiff will sue a company that suffered a data breach in which the plaintiff’s personal information was stolen by cyberattackers. The plaintiff will claim that the breach has exposed the...more

Higher Education Institutions and Nonprofit Organizations Face Potential Wave of Lawsuits Over Blackbaud Data Breach

On September 21, 2020, a putative class action lawsuit was filed against the President and Fellows of Harvard College, Bank Street College of Education, and the Lower East Side Tenement Museum in connection with an alleged...more

Federal Court Erodes Work Product Protections for Data Breach Investigations

In a recent decision, a Virginia federal magistrate judge held that the attorney work product doctrine did not protect from discovery a forensic investigation report created for Capital One in the wake of a 2019 data breach....more

CCPA Amendments and Draft Regulations Provide Some Clarity, Some Uncertainty, and Numerous Compliance Obligations

Last year, the California legislature passed the sweeping California Consumer Privacy Act of 2018 (CCPA), a far-reaching privacy law that will impact business across the country. ...more

Two New Breach Notification Laws Usher in the (Unofficial) Beginning of Summer

As the unofficial start of summer begins, Washington and New Jersey have recently enacted two new pieces of cybersecurity legislation. ...more

GDPR Year One: Hot Spots for Enforcement Activity

What can organizations learn from the first year of enforcement of the European Union’s General Data Protection Regulation (GDPR)? Quite a bit, if you pay attention to what the EU government regulators are doing....more

Pennsylvania Supreme Court Recognizes Employers’ Duty to Safeguard Employees’ Personal Data

In a unanimous ruling that is sure to become a landmark in state litigation over data breaches, the Pennsylvania Supreme Court on November 21 held that “an employer has a legal duty to exercise reasonable care to safeguard...more

Five Preliminary Steps for U.S. Organizations to Comply With the GDPR

After coming into effect on May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) poses a compliance challenge to U.S. organizations that handle or control personal data on people who are in the E.U....more

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