News & Analysis as of August 3, 2025

Data Breach

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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 -

The ICO’s Penalty Against 23andMe Brings New Emphasis on Cybersecurity Risks - Key Takeaways for U.S. Companies

Womble Bond Dickinson on 7/11/2025

The dramatic increase in global reach that the internet provides U.S.-based companies comes as a double edge sword. While it significantly increases a company’s potential customer pool, it also subjects companies to...more

New SEC Cybersecurity Compliance Deadlines are Coming: What 5 Things Should Covered Institutions Do to Prepare?

Fisher Phillips on 6/30/2025

The SEC’s amended Regulation S-P, adopted last year, will soon enhance data privacy protections for broker-dealers, investment companies, registered investment advisors, and transfer agents. The updated rule requires these...more

Texas Enacts Liability Shield From Punitive Damages for Certain Small Businesses That Adopt Cybersecurity Programs

Jackson Lewis P.C. on 6/24/2025

On June 20, 2025, Texas Governor Greg Abbott signed SB 2610 into law, joining a growing number of states that aim to incentivize sound cybersecurity practices through legislative safe harbors. Modeled on laws in states like...more

North Dakota Passes New Data Security Law for “Financial Corporations”

Sheppard Mullin Richter & Hampton LLP on 6/17/2025

North Dakota recently passed a law establishing new rules for certain financial companies operating in the state – specifically “financial corporations.” The new obligations will take effect on August 1, 2025. They will apply...more

Privilege Under Fire: Protecting Forensic Reports in the Wake of a Data Breach

Baker Donelson on 5/20/2025

In the chaos following a cyberattack, forensic reports are often pulled together under intense pressure and can assist companies in responding to and remediating the incident. However, if you're not careful, these reports...more

2024 State AGs Year in Review

Morrison & Foerster LLP on 3/24/2025

In 2024, state attorneys general (State AGs) focused on a broad variety of areas and industries including, in particular, emerging industries such as artificial intelligence (AI) and privacy and social media protections....more

New York Amends its Data Breach Notification Law

Husch Blackwell LLP on 2/25/2025

Keypoint: New York has amended its data breach notification law twice in the last 60 days to (1) add a 30-day deadline for notifying affected residents, (2) clarify that covered financial entities must still notify the New...more

Square Peg, Round Hole: 6th Circuit Affirms Finding That Cyber Claims Are Not Covered by CGL Policies

Carlton Fields on 2/24/2025

In Home Depot Inc. v. Steadfast Insurance Co., Home Depot learned the hard way a rule every DIY enthusiast knows: measure twice, cut once. It appears Home Depot’s measurements were off when it sized up its insurance needs,...more

Lessons from PayPal’s $2 Million Cybersecurity Settlement with the New York State Department of Financial Services

Faegre Drinker Biddle & Reath LLP on 2/14/2025

On January 23, 2025, PayPal settled an enforcement action brought by the New York State Department of Financial Services (NY DFS) for failing to comply with cybersecurity regulations required for financial services businesses...more

Watch What You Say: SEC Enforcement Scrutinizes Cybersecurity Incident Disclosures

Vinson & Elkins LLP on 1/31/2025

On January 13, 2025, the Securities and Exchange Commission (“SEC”) filed a settled enforcement action against Ashford Inc. (“Ashford” or “the Company”), a company that provides products and services to the real estate and...more

EU: DLA Piper GDPR Fines and Data Breach Survey: January 2025

DLA Piper on 1/21/2025

The seventh annual edition of DLA Piper’s GDPR Fines and Data Breach Survey has revealed another significant year in data privacy enforcement, with an aggregate total of EUR1.2 billion (USD1.26 billion/GBP996 million) in...more

New York Amends Data Breach Notification Law to Enhance Notification Requirements, Expand Definition of ‘Private Information’

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/15/2025

On December 24, 2024, New York Governor Kathy Hochul signed into law amendments to New York’s private-sector data breach notification law (General Business Law § 899-aa) and government agency data breach notification law (New...more

Cyber Incidents: Why General Counsels Are Critical to Navigating the Storm

Morris, Manning & Martin, LLP on 1/9/2025

In today’s hyperconnected world, cyberattacks are no longer a question of if but when. For general counsels (GCs), the responsibility extends far beyond legal risk management - it’s about guiding the organization through the...more

A Year in Privacy and Security: Privacy Violations, Large-Scale Data Breaches, and Big Fines and Settlements

Robinson+Cole Data Privacy + Security Insider on 1/3/2025

2024 was a year chock-full of data breaches and privacy violations. Many new data privacy and cybersecurity regulations were introduced (and became effective), and regulators sent a strong message to businesses that privacy...more

Defending Data Breach Class Actions

Womble Bond Dickinson on 12/19/2024

Class actions arising from data breach represented the fastest growing segment of class action filings. In 2023, more than 2000 class actions were filed, more than triple the amount filed in 2022. These cases were filed in...more

Patch, Investigate, and Defend: Critical and High Vulnerabilities in Cleo Managed File Transfer Solutions Reportedly Under Attack

Mintz on 12/18/2024

There is news coming from the U.S. cyber community for organizations that use Cleo’s software products: if your organization or your vendors use Cleo’s Cleo Harmony, VLTrader, or LexiCom products, you may be at heightened...more

The SEC is Cracking Down on Misleading Cybersecurity Disclosure

Fenwick & West LLP on 10/31/2024

On October 22, 2024, the SEC charged two current reporting companies, Unisys Corp. and Check Point Software Technologies, and two former public companies, Mimecast Limited and Avaya Holdings Corp., with making materially...more

Undeterred By Recent Court Loss, SEC Charges Four Companies With Inadequate Cyber Disclosures In The Aftermath Of SolarWinds...

A&O Shearman on 10/29/2024

On October 22, 2024, the SEC announced that it had entered into settlements with four separate companies for making allegedly misleading disclosures about how they were impacted by the SolarWinds data breach in 2019. The...more

DOJ Continues Crackdown on Cybersecurity Compliance with $1.25M FCA Settlement

Wiley Rein LLP on 10/29/2024

The Department of Justice (DOJ) secured another win for its Civil Cyber-Fraud Initiative last week when it resolved a False Claims Act (FCA) action[1] alleging Pennsylvania State University (Penn State) failed to comply with...more

FTC Fines Hotel Company $52 Million for Delinquent Cybersecurity Practices

Bond Schoeneck & King PLLC on 10/11/2024

In a settlement with Marriott International and its subsidiary Starwood hotels and Resorts Worldwide, the FTC will require Marriott to implement a new comprehensive data security program. The settlement stems from a series of...more

Federal Court Makes It Harder for Plaintiffs to Bring Data Breach Claims

Bilzin Sumberg on 9/25/2024

In a recent federal case from New York, the court dealt a blow to plaintiffs suing over data breaches. The plaintiffs had filed a putative class action suit, alleging that they (and others like them) had been harmed by the...more

Navigating a Security Incident - Best Practices for Engaging Service Providers - September 2024

BCLP on 9/11/2024

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

Disclosure of Data Through Website Cookies May Be a Data Breach – What A Recent Court Ruling Means for Healthcare Businesses

Fisher Phillips on 8/14/2024

A California federal court recently ruled that disclosure of certain data collected through website cookies that may qualify as health information could trigger a data breach under the California Consumer Privacy Act (CCPA) –...more

Invasion of the Data Snatchers: B.C. Court of Appeal Clarifies Possible Scope of Privacy Claims Against Data Custodians in Data...

Blake, Cassels & Graydon LLP on 7/22/2024

On July 4, 2024, the B.C. Court of Appeal issued a duo of class action appeal decisions considering the potential scope of statutory and common law privacy claims against data custodians that fall victim to cyberattacks in...more

Florida Governor Vetoes Cybersecurity Data Breach Immunity Bill: 4 Things Businesses Can Do to Prevent Data Breach Claims

Fisher Phillips on 7/9/2024

To the surprise of some, Governor DeSantis recently vetoed a bill that would have provided businesses with a defense to claims arising from “cybersecurity incidents” that lead to data breaches – so long as they met a few...more

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