News & Analysis as of

Data Breach Risk Management Enforcement Actions

Dinsmore & Shohl LLP

Recent OCR Settlements Emphasize the Need for Thorough HIPAA Risk Analysis

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Two settlements recently announced by the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) reinforce the agency’s emphasis on promoting thorough risk analysis to help prevent disclosure of...more

Womble Bond Dickinson

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

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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

Baker Donelson

Insider Threats Are Just as Dangerous as Ransomware – Lessons from the Latest OCR HIPAA Settlement

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What's New? On May 28, 2025, the U.S. Department of Health and Human Services' Office for Civil Rights (OCR) announced an $800,000 settlement with a large Florida-based health care provider over potential violations of the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

2025 Enforcement Trends: Risk Analysis Failures at the Center of HHS’s Multimillion-Dollar HIPAA Penalties

In the first five months of 2025, the U.S. Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) announced it had entered into ten Health Insurance Portability and Accountability Act (HIPAA) resolution...more

Paul Hastings LLP

NFL Draft Provides Wake-Up Call on Protecting Confidential Information While Working Remotely

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Last week’s NFL draft highlighted more than the accomplishments of athletes at the combine or on the field. While there was extensive coverage of the merits of each player, one of the major headlines coming out of the draft...more

Ankura

HIPAA Security Risk Analysis – How should regulated entities prepare for the Office for Civil Rights (OCR) Risk Analysis Audit...

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Following the Office for Civil Rights (OCR) recent publication of four settlements as part of a new Risk Analysis Audit Initiative. We explore the current regulatory language for Risk Analysis, the proposed language for Risk...more

Arnall Golden Gregory LLP

OCR Announces Fifth Settlement Under Its Risk Analysis Initiative

Background - On March 21, 2025, the U.S. Department of Health and Human Services, Office for Civil Rights (“OCR”) announced a settlement with Health Fitness Corporation (“Health Fitness”), a company that provides wellness...more

Foley Hoag LLP - Security, Privacy and the...

HHS OCR Settles HIPAA Security Rule Investigation with Health Fitness Corporation

On March 21, 2025, the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) announced a settlement of HIPAA security rule claims involving Health Fitness Corporation (Health Fitness). Health Fitness...more

Jackson Lewis P.C.

Health Fitness, OCR’s Risk Analysis Initiative, and the ERISA Fiduciary Duty to Select Plan Service Providers

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On Friday, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) announced the fifth enforcement action under its Risk Analysis Initiative. In this case, OCR reached a settlement with Health...more

Clark Hill PLC

Right To Know - March 2025, Vol. 27

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Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Morrison & Foerster LLP

MoForecast: State AGs and the Future of Privacy Enforcement – What You Need to Know

Faced with emerging challenges in privacy and cybersecurity, state attorneys general (AGs) are at the forefront of enforcement. Companies face increasing expectations to implement robust cybersecurity programs, promptly...more

Shook, Hardy & Bacon L.L.P.

OCR Enforcement Activity: Trends and Insights From a Limited Sample

Arecent report put the odds of an asteroid hitting the earth in December 2032 at 3.1%—which is 3,100 times more likely than an organization resolving an enforcement action with the U.S. Department of Health and Human...more

Nilan Johnson Lewis PA

Nine Steps Healthcare Entities Should Take to Prevent Cyberattacks

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The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently imposed a $1.5 million civil money penalty against Warby Parker, Inc., a manufacturer and online retailer of eyewear, for...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

Health Care Compliance Association (HCCA)

We’ll Take the Fine: OCR’s ‘Unwarranted,’ Costly Demands Prompted Hospital’s $538K Payment

The saga that led Children’s Hospital Colorado to accept a fine of more than $500,000 imposed by the HHS Office for Civil Rights (OCR) began on July 11, 2017, when a physician’s email account containing details on 3,300...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

Morrison & Foerster LLP

SEC Caps 2024 with Another Cyber Enforcement Action

The SEC continues to leave its mark as a federal cybersecurity enforcer and closed out the year by charging another company with making misleading statements about a cybersecurity attack and failing to maintain cyber-related...more

American Conference Institute (ACI)

[Event] 2nd National Conference on Cybersecurity Law & Compliance - January 29th - 30th, Arlington, VA

Cyberattacks are affecting every company and sector. Meanwhile, the regulatory landscape is intensifying as the SEC continues to enforce the cyber-risk management disclosure rules. Every day presents a new compliance and...more

Troutman Pepper Locke

SEC Issues Additional Guidance Regarding Cybersecurity Incident Disclosure

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On June 24, the staff of the U.S. Securities and Exchange Commission's (SEC) Division of Corporation Finance (Division of Corporation Finance) released five new Compliance & Disclosure Interpretations (C&DIs) relating to the...more

Baker Donelson

[Webinar] New Privacy and Cybersecurity Regulations: What Financial Institutions Need to Know to Stay Compliant - June 13th, 10:00...

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The financial services industry has seen a litany of new data privacy and cybersecurity challenges through the first half of 2024. Financial institutions are facing unprecedented compliance hurdles resulting from the...more

Health Care Compliance Association (HCCA)

Hackers Increasingly Leveraging Threats to Patients to Pressure Health Organizations to Pay Ransom

Cyberhackers—potentially frustrated by their limited ability to extort ransom from health care entities in attacks—have started extorting the patients themselves, threatening them with the release of information or...more

Benesch

Annual Report to Congress on Breaches of Unsecured Protected Health Information

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The U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) recently published an executive summary (Report) outlining key enforcement activities of the Health Insurance Portability and...more

Saul Ewing LLP

HHS OCR Issues Its Most Recent HIPAA Annual Report and a Second Ransomware Settlement

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On February 14, 2024, the U.S. Department of Health and Human Services (HHS), Office for Civil Rights (OCR) issued two reports to Congress as required by the Health Information Technology for Economic and Clinical Health...more

American Conference Institute (ACI)

[Event] 15th Annual Advanced Forum on Managed Care Disputes and Litigation - May 2nd - 3rd, Chicago, IL

ACI’s Advanced Forum on Managed Care Disputes and Litigation offers an unparalleled learning experience, specifically designed for the MCO legal community. Attend and develop winning legal strategies and business best...more

A&O Shearman

Chief information Security Officers and cyber whistleblowing: considerations for boards and breach response teams

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At this point, it is self-evident that companies are grappling with an ever-evolving (think: tougher) cyber risk terrain. However, two recent cases against companies and their Chief Information Security Officers (CISOs),...more

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