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Litigation

Third Circuit Affirms FTC’s Authority to Regulate Data Security

August 28, 2015 By Privacy, Cyber & Data Strategy Team

On August 24, 2015, the Third Circuit affirmed U.S. District Court Judge Esther Salas’ April 2014 ruling in FTC v. Wyndham Worldwide Corp., et al. (“Wyndham”) that the FTC has the authority to regulate private companies’ cybersecurity practices under Section 5 of the FTC Act. (Prior blog posts on this case can be found here […]

Filed Under: Cybersecurity, Data Breach, Enforcement, Legislation, Privacy Litigation, Security Breach Tagged With: Federal Trade Commission (FTC), Litigation, Regulatory Enforcement

Target, MasterCard Settlement Allowed to Proceed

May 8, 2015 By David Carpenter

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 […]

Filed Under: Data Breach, Enforcement, Security Breach Tagged With: Litigation

Third Circuit Questions FTC’s Data Security Authority

March 11, 2015 By Privacy, Cyber & Data Strategy Team

On March 3, 2015, the Third Circuit heard oral argument in FTC v. Wyndham Worldwide Corp., et al. (“Wyndham”) on the issue of whether the FTC has the authority to regulate private companies’ data security under Section 5 of the FTC Act. This appeal arises out of the District Court’s holding that the unfairness prong […]

Filed Under: Data Breach, Enforcement, Privacy Litigation, Security Breach Tagged With: Litigation

TD Bank NA Settles Data Breach Lawsuit with Mass. AG

December 12, 2014 By Andrew Liebler

TD Bank North America (“TD Bank”) and the Massachusetts Attorney General announced an agreement on December 8 to end a data breach lawsuit brought against TD Bank by the Massachusetts Attorney General. The lawsuit alleged that TD Bank failed to properly protect and encrypt personal customer information contained on two server backup tapes that it […]

Filed Under: Data Breach, Data Protection, Data Security, Privacy Litigation, Security Breach Tagged With: Litigation

District Judge Upholds Decision Requiring Microsoft to Provide Irish Data to U.S. Investigators

August 4, 2014 By Privacy, Cyber & Data Strategy Team

On July 31, Federal District Judge Loretta A. Preska (Southern District of New York) upheld the decision of a magistrate judge requiring Microsoft to turn over the contents of customer email stored in Ireland to U.S. investigators. The magistrate’s April decision was previously discussed on this blog. Federal investigators had obtained a warrant for the email […]

Filed Under: Enforcement, Microsoft Ireland Tagged With: European Union (EU), Litigation

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