News & Analysis as of

Data Breach Data Privacy Corporate Counsel

Morgan Lewis

State AGs Take the Lead on Privacy Enforcement as Federal Action Stalls

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With the continued absence of comprehensive federal privacy legislation after nearly 20 years of debate, state attorneys general (AGs) are increasingly asserting their role as primary regulators in the data privacy space....more

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Fisher Phillips

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

Fisher Phillips on

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Foley & Lardner LLP

State Data Breach Notification Laws - June 2025

Foley & Lardner LLP on

While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more

Faegre Drinker Biddle & Reath LLP

Courts Reject Theoretical Privacy Violations Due to Lack of Standing

Courts across the country are becoming skeptical of data breach and web tracking claims that assert theoretical privacy violations without alleging any actual injury to the plaintiffs. Recent decisions underscore that courts...more

Morrison & Foerster LLP

2024 State AGs Year in Review

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

Mintz - Privacy & Cybersecurity Viewpoints

Latest Installment of our Mintz Matrix!

Please visit here to visit our Mintz Matrix page with the latest edition of the Mintz Matrix, which is a 50-state resource we have maintained since 2009 to break down and summarize requirements of U.S. state data breach...more

Husch Blackwell LLP

New York Amends its Data Breach Notification Law

Husch Blackwell LLP on

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

Faegre Drinker Biddle & Reath LLP

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

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

Vinson & Elkins LLP

Watch What You Say: SEC Enforcement Scrutinizes Cybersecurity Incident Disclosures

Vinson & Elkins LLP on

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

DLA Piper

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

DLA Piper on

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

Levenfeld Pearlstein, LLC

New Year, New State Data Privacy Laws

With the advent of a new year comes a new set of consumer data privacy laws in the United States. Five new state data privacy laws go into effect in January 2025, with additional laws coming throughout 2025 and into 2026....more

Morris, Manning & Martin, LLP

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

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

Robinson+Cole Data Privacy + Security Insider

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

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

Womble Bond Dickinson

Defending Data Breach Class Actions

Womble Bond Dickinson on

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

Pillsbury - Consumer Protection Dispatch

GDPR Enforcement: Lessons from Recent Data Privacy Penalties

Recent decisions by the French data protection authority (CNIL) have highlighted the importance of GDPR compliance, particularly in the areas of data retention, consent for processing sensitive personal data, and marketing...more

Bond Schoeneck & King PLLC

FTC Fines Hotel Company $52 Million for Delinquent Cybersecurity Practices

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

Bilzin Sumberg

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

Bilzin Sumberg on

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

Fox Rothschild LLP

The Fox Rothschild Privacy Summit: A Recap

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Transparency might be the most important food group in data privacy compliance, especially with the Federal Trade Commission, Office of the New York State Attorney General and California Privacy Protection Agency focusing...more

Fisher Phillips

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

Fisher Phillips on

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

Blake, Cassels & Graydon LLP

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

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

Fisher Phillips

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

Fisher Phillips on

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

Robinson+Cole Data Privacy + Security Insider

Tennessee Passes Law Restricting Data Breach Class Action Suits

Tennessee Governor Bill Lee signed legislation on May 22, 2024, that will shield private entities from class action lawsuits stemming from a cybersecurity event unless the event was caused by willful, wanton, or gross...more

WilmerHale

Year in Review: CCPA Litigation Trends from 2023

WilmerHale on

This post is part of a series of articles we are doing on 2023 data protection litigation trends. While the California Consumer Privacy Act (CCPA) is most known for its onerous privacy compliance obligations, the law also...more

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