News & Analysis as of

Corporate Liability Data Breach

A&O Shearman

White-collar crime developments in Italy: trends and developments

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There has been an increase in enforcement action and strategies relating to cybercrimes, supply-chain related offenses, VAT fraud, corruption, and money laundering. A significant shift has been prompted by the EU Corporate...more

Holland & Knight LLP

New Tennessee Law Creates Heightened Liability Requirement for Class Action Data Breach Lawsuits

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As courts have recognized, "[t]he fact that a company has suffered a security breach does not demonstrate that the company did not place significant emphasis on maintaining a high level of security."1 Nevertheless, companies...more

Epiq

Move it or Lose it – With Cyber Breach Response, Time is of the Essence

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There are so many factors that go into breach response. Determining the size of the breach, time limitations, legal requirements, notification needs, urgency for containment, and interrupted business operations are just a...more

Stoel Rives - Global Privacy & Security Blog®

Executives Personally Sued for Data Privacy Incidents

If you manage a company that collects and otherwise processes personal data (which is just about every company, these days), you may need to protect your own pocketbook.  As governments across the globe continue to enact and...more

Ervin Cohen & Jessup LLP

Mitigating a Company’s Liability When a Data Breach Is Suffered by a Vendor or Service Provider

Data breaches by large companies have been in the news for some time. Over the last several years several companies, including Marriott, Yahoo and Volkswagon, have been victimized by hackers who have broken into a company’s...more

Robins Kaplan LLP

Financial Daily Dose 2.18.2020 | Top Story: Apple Cuts Revenue Expectations and HSBC Axes Jobs as Coronavirus Infects Business...

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Apple announced that the coronavirus outbreak that’s brought Chinese manufacturing to a near-standstill and continues to spread around the world will affect its quarterly sales expectations.  The news makes Apple “one of the...more

BCLP

Countdown to the CCPA: Does cyber insurance cover a data breach?

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When the California Consumer Privacy Act (“CCPA”) takes effect in January 2020, California will become the first state to permit residents whose personal information is exposed in a data breach to seek statutory damages of...more

Tucker Arensberg, P.C.

Pennsylvania Supreme Court Holds That Employers Have Duty to Protect Their Employees’ Data

Dittman v. UPMC, 196 A.3d 1036 (Pa. 2018).  The Pennsylvania Supreme Court holds that employers have a legal duty to use reasonable care to safeguard sensitive personal information of their employees when the employer chooses...more

Furia Rubel Communications, Inc.

Cybersecurity: How to Protect Yourself and Your Company

Just recently, Equifax had the largest-ever settlement for a data breach. They are to pay at least $575 million, and potentially as much as $700 million, to settle allegations over its massive 2017 data breach. What we tell...more

K&L Gates LLP

OnRisk: Biometric Insurance

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Issues of digital privacy are multi-faceted and extend far beyond the now-routine data breaches that make headlines. The digital collection, use, and storage of biometric information (fingerprints, retinal or iris scans,...more

Brownstein Hyatt Farber Schreck

California Proposes New Liability Regime for Companies That Deal in Credit Reports

The California Legislature is considering enacting Assembly Bill 1859 (“AB 1859”), which would impose substantial new security obligations on consumer credit reporting agencies and companies that contract with such agencies....more

Holland & Knight LLP

SEC Issues New Cybersecurity Guidance; Makes Clear that Cybersecurity Disclosures Are Part of Existing SEC Requirements - Guidance...

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On Feb. 21, 2018, the Securities and Exchange Commission (SEC) issued interpretive guidance on its expectations for corporate disclosures on cybersecurity risks. The guidance delineates where it believes existing SEC rules...more

Patterson Belknap Webb & Tyler LLP

The Next Big Thing: Data Breach Securities Class Action Litigation

Shareholders may have found a new hook for data security lawsuits. Over the past year, plaintiffs have filed nine federal class action securities fraud lawsuits against public companies after data security incidents,...more

Latham & Watkins LLP

Group liability for Data Protection Failure – A New Threat for Private Equity Firms?

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As European data protection regulators prepare to enforce the General Data Protection Regulation (GDPR) from May 2018, private equity firms must act to minimise the risk of becoming financially liable for the data protection...more

Mintz - Privacy & Cybersecurity Viewpoints

Kimpton Data Breach Decision Highlights Lingering Confusion on Standing Issues

When data thieves steal payment card data, consumers suffer no legally cognizable injuries. Card issuers absorb the fraudulent charges and replace the affected cards. Because fraudulent charges are not billed to consumers,...more

Shook, Hardy & Bacon L.L.P.

Incident Response: The Increasing Risks to Corporate Legal Departments

The consequences of a data breach reached new heights last week when Yahoo announced the resignation of its General Counsel in response to a series of security incidents the company suffered. A more fulsome explanation of...more

Bass, Berry & Sims PLC

Bass, Berry & Sims Releases Securities & Shareholder Litigation 2017: A Look Ahead

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Bass, Berry & Sims PLC announces the release of its annual "Securities & Shareholder Litigation 2017: A Look Ahead," a high-level report that covers recent developments and offers best practices for the year ahead. The newly...more

Bennett Jones LLP

Cyber-Security Corporate Governance: Three Essential Steps To Form A Cyber-Security SWAT Team

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Last year, Canadian Lawyer InHouse Magazine posed the question, "Should in-house counsel be asking more questions about the strength of their company's cyber systems…" and they cited the Association of Corporate Counsel 2012...more

WilmerHale

Data Security Considerations for FinTech Companies

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I. Introduction; the General Rule - Businesses that straddle the worlds of finance and technology are subject to a regulatory patchwork that is only increasing in complexity as governments take a greater interest in...more

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