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Data Breach Litigation

Data Breach Notification Requirements under the Safeguards Rule Now in Effect

June 11, 2024 By Daniel Felz and Dorian Simmons

For years, the Gramm-Leach-Bliley Act (GLBA) has required financial institutions to maintain reasonable safeguards for consumer data, but has only had limited breach-reporting requirements. To the extent financial institutions were subject to breach-reporting obligations, these were set by non-GLBA legislation, such as state law, or by relatively narrow incident-reporting rules under Interagency Guidelines overseen by […]

Filed Under: Cybersecurity, Data Breach, Data Breach Litigation, Data Protection, Data Security, Enforcement, FTC, Security Breach

More Guidance from HHS on Online Tracking Technologies but Questions Remain

March 20, 2024 By Daniel Felz, David Keating and Sara Pullen Guercio

Health and Human Services (“HHS”) released updated guidance yesterday on the use of online tracking technologies (like cookies, pixels, software development kits (SDKs), etc.) by HIPAA Covered Entities (the “Updated Guidance”). The Updated Guidance amends and supersedes HHS’s original guidance on the use of digital tracking technologies published on December 1, 2022 (the “Prior Guidance”).  […]

Filed Under: Data Breach, Data Breach Litigation, Data Security, Enforcement, ePrivacy, Health Privacy, HHS, Mobile Privacy, Online Privacy, Privacy, Privacy Litigation, Regulation

EDPB Issues Draft Guidelines on the Calculation of Administrative Fines

May 19, 2022 By Paul Greaves and Privacy, Cyber & Data Strategy Team

On May 16, 2022, the European Data Protection Board (‘EDPB’) published draft regulatory guidelines (‘draft guidance’) on the calculation of administrative fines for infringements of the EU General Data Protection Regulation (‘GDPR’). In the draft guidance, the EDPB sets out its methodology, consisting of five steps, for calculating administrative fines. The EDPB adopted these guidelines […]

Filed Under: Data Breach Litigation, Data Protection, GDPR, Privacy, Privacy Litigation, Security Breach Tagged With: Cross-border, Data Breach Notification, EU Data Protection, GDPR, Privacy, Regulatory Enforcement

Recent Updates in Two Closely-Watched Cybersecurity and Privacy-Related Securities Fraud Class Actions

April 4, 2022 By Oyinkan Muraina, Sierra Shear and Cara Peterman

Observers have been awaiting decisions in a number of cybersecurity and privacy securities fraud class actions with potentially important implications for corporate liability.  Over the last several weeks, critical developments emerged in two such cases: the defendants’ motion to dismiss was granted in part and denied in part in In re Zoom Securities Litigation, and […]

Filed Under: Cyber Risk, Cybersecurity, Data Breach, Data Breach Litigation, Data Protection, Data Security, Online Privacy

California Federal Court Dismisses Data Security-Related Securities Fraud Class Action

October 1, 2021 By Sierra Shear, Cara Peterman and Madeleine Juszynski Davidson

A California federal court has dismissed a putative securities fraud class action alleging that a large title insurer that disclosed a data security incident in May 2019 made false and misleading statements related to its data security practices and the incident.  The dismissal follows the June 2021 settlement of a related Securities & Exchange Commission […]

Filed Under: California, Cyber Risk, Cybersecurity, Data Breach, Data Breach Litigation, NYDFS, Privacy Litigation, Security Breach

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