The Georgia Court of Appeals recently reaffirmed its prior conclusion that there is no duty to safeguard personal information under Georgia law. In McConnell v. Ga. Dep’t of Labor, — S.E.2d —-, 2018 WL 2173252 (Ga. App. May 11, 2018), the Court of Appeals addressed whether a plaintiff whose social security number and other personal […]
cybersecurity
Lenovo Wins Second Motion to Dismiss in Adware Class Action
By Jay Repko A California district court recently dismissed—for the second time—consumer claims that technology giant Lenovo Inc. violated New York’s Deceptive Acts and Practices Statute by selling laptops with preinstalled VisualDiscovery software that allegedly invades users’ privacy and exposes users to security breaches. In reaching this decision, Judge Haywood S. Gilliam, Jr. concluded that […]
NIST Releases Updated Cyber Framework V1.1
On December 5, 2017, the National Institute of Standards and Technology (NIST) released a revised draft of its proposed updates to its Framework for Improving Critical Infrastructure Cybersecurity. The revised draft includes a new section on communicating with stakeholders about cybersescurity requirements, addresses stakeholder concerns regarding cybersecurity supply chain risk management and measuring cybersecurity risks […]
Eighth Circuit Affirms Dismissal of Scottrade Data Breach Suit
The United States Court of Appeals for the Eighth Circuit recently affirmed the district court’s dismissal of a putative class action brought by customers of the brokerage firm Scottrade in the wake of an alleged data breach impacting Scottrade in 2013. The named plaintiffs had asserted several contract-based claims against Scottrade, alleging that Scottrade had […]
Fourth Circuit Court of Appeals Allows Wikimedia Upstream Suit to Proceed
On May 23, 2017, the Fourth Circuit Court of Appeals issued its opinion on Wikimedia foundation v. NSA/CSS. The Court vacated and remanded the NSA’s previously successful motion to dismiss Wikimedia’s Fourth and First Amendment claims against the NSA’s Upstream surveillance program, while a 2-1 majority upheld the dismissal of the eight other organizations joined […]