Whenever the topic of health and medical data comes up, the prevailing assumption often is that any of this information is subject to the federal Health Insurance Portability and Accountability Act (HIPAA) just by virtue of...more
The vast majority of commentary and public advice concerning data breaches surround, deservedly, the breach itself. This focus is only natural; it is the breach itself that requires victims to bring enormous resources to bear...more
With the onslaught of new privacy, AI and cyber legislation coupled with promises for enforcement and class action litigation, running a well-functioning and flexible privacy and cyber program is increasingly a critical...more
1/29/2025
/ Consumer Privacy Rights ,
Cookies ,
Cyber Incident Reporting ,
Data Breach ,
Data Privacy ,
Data Protection ,
Electronic Protected Health Information (ePHI) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Privacy Laws ,
Risk Management ,
Security and Privacy Controls ,
Sensitive Personal Information ,
State Privacy Laws
Communication during a data breach is challenging in the best of circumstances, and control of information, especially early in a breach response, is critical. Below are some DOs and DON’Ts for communicating during a data...more
9/12/2024
/ Attorney-Client Privilege ,
Best Practices ,
Cyber Attacks ,
Data Breach ,
Discovery ,
Electronic Communications ,
Email ,
Incident Response Plans ,
Public Communications ,
Reputation Management ,
Work-Product Doctrine
With the recent wave of ransomware and other security incidents, it is now more important than ever for impacted organizations to have a thorough understanding of each element of a proper data breach response. That includes...more
Last year was a pivotal one for data privacy, as privacy received substantial attention from many regulators, including the Federal Trade Commission (“FTC”). Looking back at the FTC’s 2023 enforcement actions, statements and...more
Organizations experiencing a security incident must grapple with numerous competing issues simultaneously, usually under a very tight timeframe and the pressure of significant business disruption. Engaging qualified service...more
The security incident response process inevitably brings a myriad of challenges for a company unfortunate enough to experience one. Although implementing an appropriate communication strategy may not be at the top of the list...more