On October 22, 2013, the National Institute of Standards and Technology (NIST) released its Preliminary Cybersecurity Framework (“Framework”), marking one of the final steps in creating the “voluntary” Framework envisioned in an Obama Administration Executive Order (EO) issued earlier this year. That EO, which was designed to strengthen the cybersecurity of the United States’ critical […]
Data Breach
FTC Chairwoman Reiterates Support for National Data Breach Law with FTC Enforcement Powers
At the National Consumers League Conference on identity theft, held on December 12, 2013 in Washington, D.C., Federal Trade Commission (“FTC”) Chairwoman Edith Ramirez pushed for a federal data breach law featuring the FTC as the “enforcer.” Chairwoman Ramirez engaged in a keynote discussion with former FTC Chairwoman Deborah Platt Majoras and made her position […]
AvMed’s Novel Data Breach Settlement- First Time Payment to Plaintiffs Who Have Not Suffered Identity Theft as a Result of Data Breach
Recently, AvMed agreed to pay $3 million in a data breach settlement. What sets this apart from other data breach settlements is Plaintiffs who have not suffered identity theft as a result of the breach may nevertheless collect from the Settlement Fund. Plaintiffs who did not suffer identity theft claimed they were injured by overpaying […]
Kim Peretti Interviewed by BankInfoSecurity about Her Discussion at the 2013 Fraud Summit
On October 22, Alston & Bird’s Kim Peretti, Security Incident Management & Response Team co-chair, spoke at the 2013 Fraud Summit in a session titled “Post-Fraud Investigation: Effective, Efficient, Defensible.” Her presentation focused on how organizations must ensure they are prepared to respond effectively, efficiently and defensibly when they detect fraudulent activity. Following the conference, […]
Update: California Governor Brown Signs into Law S.B. 46, New Notification Requirements for Data Security Breaches
On September 27, 2013, California Governor Brown signed into law S.B. 46, amending California’s data security breach notification law California Civil Code Section 1798.82. The new law builds upon existing requirements for prompt consumer notification whenever individuals have had their passwords, usernames or security question and answers compromised. It expands the definition of personal information […]