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New Delaware Breach Notification Law Will Require Diligent Preparation and Education

On August 17, 2017, Delaware Governor John Carney signed into law HB 180, completing an update to a nearly 12-year old breach notification statute that had little teeth, and no enforcement. The new law, which applies to “Any...more

Vendor Contracting for Privacy and Security

In an effort to continue to capture ongoing and new business, vendors may be opening themselves up to liability due to poorly drafted contracts with companies. In addition, in a rush by companies to have data shifted to the...more

“Directors’ Decisions Must Be Reasonable, not Perfect” Home Depot’s Shareholder Derivative Litigation Arising from Data Breach...

On November 30, 2016, a federal district court dismissed a shareholder derivative complaint against various current and former directors of Home Depot arising from the well-publicized data breach the company suffered between...more

Pitfalls In Cyberinsurance Coverage – Not Your Grandfather’s Auto-Insurance Policy

In the current maelstrom of data breaches, Federal Trade Commission enforcement actions and calls to secure data, insurance carriers are pushing out more and more cybersecurity products each year. Unfortunately for the buyer,...more

Data Privacy: Wyndham Hotel's Wake Up Call Should Be Your Own

On August 24, 2015, the United States Court of Appeals for the Third Circuit issued a precedential opinion in the matter of Federal Trade Commission v. Wyndham Worldwide Corporation, et al., No. 14-3514 (3d. Cir., Aug. 24,...more

Delaware’s “Computer Security Breaches” Law Needs an Overhaul

I suspect this may surprise most Delawareans. In 2005, Delaware Governor Ruth Ann Minner signed into law House Bill 116. That bill, now codified as 6 Del. C. §§ 12B-101 et seq., requires individuals or commercial entities,...more

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