News & Analysis as of September 6, 2025

Data Protection

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk... more +

Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

Sixth Circuit Upholds FCC’s 2024 Data Breach Reporting Rules

Warner Norcross + Judd on 8/18/2025

The U.S. Court of Appeals for the Sixth Circuit recently issued a decision in Ohio Telecom Association et al. v. FCC, upholding the FCC’s 2024 data breach reporting requirements for telecommunications carriers and relay...more

California appeals court vacates a ruling on enjoining enforcement of CPRA regulations

Orrick, Herrington & Sutcliffe LLP on 2/19/2024

On February 9, California’s Third District Court of Appeal vacated a lower court’s decision to enjoin the California Privacy Protection Agency (CPPA) from enforcing regulations implementing the California Privacy Rights Act...more

1st Circuit confirms standing for data breach victims

Orrick, Herrington & Sutcliffe LLP on 7/17/2023

On June 30, the U.S. Court of Appeals for the First Circuit overruled a district court’s dismissal of a putative class action against a home delivery pharmacy service for allegedly failing to prevent a 2021 data breach that...more

UK Supreme Court dismisses data protection class action claim

White & Case LLP on 11/11/2021

The Supreme Court of the United Kingdom has delivered its long-awaited decision in the case of Lloyd [2021] UKSC 50, rejecting an attempt to bring a representative claim for compensation for "loss of control" over personal...more

ICO Fines: When Is An Appeal Appealing?

Orrick, Herrington & Sutcliffe LLP on 3/12/2020

The decision to appeal a regulatory finding is never taken lightly. By the time a regulator has completed its investigation and notified a company of its intention to fine, the company will have invested significant time and...more

March 2019: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 4/10/2019

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

French Privacy Regulator Imposes Record Fine on Google for GDPR Violations

Goodwin on 1/29/2019

On January 21, 2019, France’s data protection regulator (CNIL) imposed a €50 million fine on Google for violating core provisions of the European Union General Data Protection Regulation (GDPR). The action was initiated by...more

Pennsylvania Supreme Court Rules that Employers Have an Affirmative Duty to Protect Workers’ Personal Data from Cybercriminals:...

Snell & Wilmer on 12/3/2018

In a landmark decision with far-reaching implication, the Pennsylvania Supreme Court recently held that employers have an affirmative duty to protect their employees’ personal information from criminal hacking. In particular,...more

Supermarket Held Vicariously Liable in UK’s First Data Leak Class Action

Sheppard Mullin Richter & Hampton LLP on 11/14/2018

UK supermarket chain Morrisons has been held vicariously liable for the acts of a malicious employee in the UK’s first data leak class action. The issue began in 2014, when a disgruntled Morrison’s internal IT auditor posted...more

Web Exclusive - June 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 7/10/2018

Takeaways From the 11th Circuit’s Reversal of the FTC’s Data Security Order Against LabMD

Fenwick & West LLP on 7/5/2018

The U.S. Court of Appeals for the Eleventh Circuit on June 6 issued its long-awaited decision in LabMD v. Federal Trade Commission, vacating a Federal Trade Commission cease and desist order directing LabMD to overhaul its...more

Eighth Circuit Vacates Data Breach Class Action Settlement; Gently Rebukes Trial Court

Benesch on 2/6/2017

Target Corporation announced a data breach in 2013, which occurred, as it noted in an SEC filing, when “an intruder stole certain payment card and other guest information from [its] network.” Estimates as to the number of...more

Eighth Circuit Remands Proposed Settlement in Target Data Breach Class Action

Ballard Spahr LLP on 2/3/2017

The Eighth Circuit Court of Appeals has remanded a $10 million settlement in the Target data breach class action on the grounds that the district court had not rigorously analyzed the propriety of the class certification. ...more

Orrick's Financial Industry Week In Review

Orrick, Herrington & Sutcliffe LLP on 1/13/2017

Financial Industry Developments - Prohibition on Dealing or Investing in Industrial or Commercial Metals - On January 3, 2017, the Office of the Comptroller of the Currency (the "OCC") finalized a rule that...more

FTC Can Regulate Cybersecurity Practices, Third Circuit Rules

Ballard Spahr LLP on 9/1/2015

The Federal Trade Commission (FTC) can regulate cybersecurity policies and procedures as “unfair” acts or practices under Section 5 of the FTC Act, the U.S. Court of Appeals for the Third Circuit has ruled in a very important...more

3rd Circuit Says: FTC Can Take Action Against Companies That Suffer Data Security Breaches

McNees Wallace & Nurick LLC on 8/28/2015

Companies can be fined by the federal government for failing to properly safeguard consumer data, according to a decision this week by Pennsylvania's federal appellate court....more

New Potential Liability for Data Security: U.S. Court of Appeals for the Third Circuit Announces FTC has Authority to Scrutinize a...

Bilzin Sumberg on 8/26/2015

The U.S. Court of Appeals for the Third Circuit announced that the Federal Trade Commission (FTC) has the authority to scrutinize a business’s data security protocol -- and to file a complaint if the FTC finds that protocol...more

Intellectual Property Newsletter - July - August 2015

King & Spalding on 8/6/2015

Protecting Trade Secrets in the Era of the Data Breach - The prevalence of data breaches cannot be ignored. New data breaches continue to occur one after an-other. In the first half of 2015 alone there were reports of...more

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