New Cybersecurity Trend: Data Security and Disposal Laws
2/7/19
By: David Cole & Amy Bender
Tales of data breaches flood our news reports these days. By now, you hopefully are aware that all 50 states have laws requiring persons and organizations that own or maintain computerized data that includes …
Sixth Circuit Becomes Latest Court to Find Standing in a Data Breach Lawsuit
9/23/16
By: David Cole
The majority of lawsuits filed by consumers over data breaches in recent years have been successfully defended by arguments that the plaintiffs lacked standing to bring the lawsuit. To have standing, a plaintiff must be able to …
Wendy’s Hit with EMV Related Data Breach Class Action Lawsuit
2/19/16
By: Behnam Salehi and Jonathan Romvary
A class action lawsuit has been filed against the fast food chain Wendy’s claiming it failed to adequately safeguard customer payment and other personally identifiable information (“PII”). The lawsuit also alleges that Wendy’s failed …
The Wrong Way to Respond to a Data Breach
11/5/15
By: Dave Cole
In a recent interview with Entrepreneur Magazine, the former general counsel for the National Security Agency shared his top three mistakes that businesses make when responding to a data breach. You can read the complete article here…
10/30/15
By: John Goselin and Mike Wolak
With the recent filing of a shareholder derivative action against several directors and officers of The Home Depot following the company’s severe data breach in 2014, questions concerning the adequacy of board oversight over …
California, Again, Amends its Data Breach Notification Statute
10/23/15
By: Kacie Manisco
On October 6, 2015, Governor Jerry Brown signed into law three separate bills amending California’s Data Breach Notification Statute. Together, the amendments, which take effect on January 1, 2016, expand the definition of “personal information,” provide a …
8/27/15
By: David Cole
This week, the U.S. Court of Appeals for the Third Circuit released its much-anticipated decision in Federal Trade Commission v. Wyndham Worldwide Corporation, unanimously upholding the FTC’s authority to regulate businesses’ data security practices under Section …
DOJ Issues Guidance for Best Practices Before, During, and After a Data Breach
5/19/15
By David Cole
In response to the increasing number of data breaches around the county, and the public attention being given to them, the Department of Justice (DOJ) recently issued a guidance document intended to help organizations prepare for and …
