In Lone Star Nat’l Bank, N.A., et al. v. Heartland Payment Sys., Inc., No. 12-20648 (5th Cir. Sept. 3, 2013) (hereinafter “Heartland”), arising from the now-infamous 2008 data breach, the Fifth Circuit recently reversed a motion to dismiss, finding that the economic loss doctrine did not apply and that various credit card issuers could state […]
Illinois District Court Dismisses Data Breach Claims for Lack of Standing
In In re Barnes & Noble Pin Pad Litigation, No. 1:12-cv-08617 (N.D. Ill. Sept. 3, 2013), the United States District Court for the Northern District of Illinois dismissed a putative class action against defendant retailer Barnes & Noble because the named plaintiffs could not establish injury in fact stemming from the alleged security breach, and […]
California Expands the Confidentiality of Medical Information Act to Personal Health Records and Mobile Applications
With the increasing use of mobile applications and the storage of medical information online, there is a growing concern for preventing the unauthorized use, disclosure and access to such highly confidential information. According to the California Department of Justice’s Privacy Enforcement and Protection Unit, personal health records (PHRs) are defined as “Internet-based applications that allow […]
Alston & Bird’s Jim Harvey is Quoted in the Bloomberg Article, “Banks, Utilities Seen as Targets of Syrian Cyber-Attacks”
On Thursday, August 29, Jim Harvey, partner in the firm’s Intellectual Property Group and co-chair of the Privacy & Security Task Force, was quoted in a Bloomberg article, Banks, Utilities Seen as Targets of Syrian Cyber-Attacks, discussing how businesses and banks are now on high alert as the United States is planning for a possible wave […]
NIST Releases Discussion Draft of Framework for Improving Critical Infrastructure Cybersecurity
On Wednesday, the National Institute for Standards and Technology (NIST) released a draft framework on voluntary cybersecurity standards for critical infrastructure that attempts to further formalize industry best practices, offer language implementation, and define privacy requirements. The documents supporting the framework were released in advance of the Fourth Cybersecurity Framework workshop on Sept.11-13, 2013, in Dallas. […]