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Baker Botts L.L.P.

District of Arizona Clarifies Causes of Action Available for Breach of Health Data

Baker Botts L.L.P. on

Healthcare providers wrestling with the legal fallout of cyber-attacks just received a fresh reminder from the District of Arizona: traditional tort and contract theories remain difficult to sustain after a breach, but...more

WilmerHale

Maryland and Nebraska Adopt Comprehensive Privacy Laws

WilmerHale on

The final weeks for many state legislatures have witnessed significant movements in the U.S. data privacy landscape. Last month, Nebraska Governor Jim Pillen signed the Data Privacy Act, LB1074, into law....more

Davis Wright Tremaine LLP

Litigation Preparedness Following a Data Breach: Three Tips to Consider During the Incident Response Period

Data breaches come in many different forms, sizes, and levels of complexity, but they tend to share certain key facts: A third-party bad actor—whether through a phishing attack, a ransomware attack, exploitation of a zero-day...more

Wyrick Robbins Yates & Ponton LLP

Not What the Doctor Ordered: GoodRx to Pay $1.5 Million in FTC’s First Enforcement of the Health Breach Notification Rule

The Federal Trade Commission earlier this month undertook an enforcement action against online pharmacy and telehealth provider GoodRx, in the latest example of the agency seriously pursuing its role as the nation’s de facto...more

Fenwick & West LLP

FTC Holds That Disclosure of Sensitive Medical Information Due to Lax Security Violates the FTC Act

Fenwick & West LLP on

Last week, three commissioners from the Federal Trade Commission (FTC) held in In the Matter of LabMD, Inc. that a company’s failure to implement reasonable security measures to protect sensitive consumer information on its...more

Robinson+Cole Data Privacy + Security Insider

21st Century Oncology faces second class action suit for data breach of 2.2M records

We previously reported that 21st Century Oncology (21st Century) experienced a data breach of up to 2.2 million patient records that compromised the names, Social Security numbers and health and diagnostic information. It...more

Troutman Pepper

Lack of Typicality and Adequacy of Representation Prevents Class Certification in Health Care Data Breach

Troutman Pepper on

The opinion from the Philadelphia Court of Common Pleas reinforces lack of standing as a defense for companies facing data breach–related class actions. On March 25, the Philadelphia Court of Common Pleas provided...more

Foley & Lardner LLP

FTC Uses Its "Unfair Acts" Power to Go After PHI Security Breach

Foley & Lardner LLP on

The Federal Trade Commission (FTC) is moving forward with an administrative action against a small medical laboratory that suffered two data security breaches, resulting in its patients’ protected health information falling...more

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