On May 13, Nevada Governor Brian Sandoval signed Assembly Bill 179, which expands the definition of personal information for purposes of Nevada’s data breach notification and data security law. Effective July 1, 2015, personal information will include an individual’s medical identification number or health insurance identification number and a user name, unique identifier or email […]
Crisis & Data Breach Response
Visa Updates Global Compromised Account Recovery Program
On May 14, 2015, Visa announced several updates to its Global Compromised Account Recovery Program (“GCAR”), which helps card issuers recover costs and fraud losses after a data compromise. These modifications appear to be designed to address changes in the payment environment and align GCAR recoveries more closely with the current estimated costs and risks […]
Target, MasterCard Settlement Allowed to Proceed
The court in In re: Target Corporation Customer Data Security Breach Litigation (D. Minn. MDL No. 14-2522) today entered an order denying the plaintiffs’ motion to enjoin a settlement between MasterCard and Target stemming from the 2013 security breach of Target’s systems. The parties had agreed that Target would pay MasterCard $19 million for damages […]
The Supreme Court To Resolve Whether a Violation of a Statutory Right Confers Article III Standing
The Supreme Court’s recent decision to hear the appeal in Spokeo, Inc. v. Robins may have significant implications for data breach litigation in particular and consumer class action litigation generally. At issue is whether a plaintiff who has suffered no actual injury or harm nonetheless has standing under Article III of the United States Constitution […]
DOJ Issues Data Breach Guidance
On Wednesday, April 29, 2015, the Department of Justice Computer Crime and Intellectual Property Section (CCIPS) Cybersecurity Unit issued new, detailed guidance on data breach incident response best practices. The document was announced at an invitation-only round table hosted by DOJ and provides guidance on what DOJ regards as “best practices for victims and potential […]