Privacy Risk Report

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Protecting Against the Risk

Here It Is: The Decision That Tells Data Collectors Exactly What They Should Have Known Before They Had A Breach

The March 26, 2018 decision in Hopper v. Schletter Inc., 17-cv-01, 2018 WL 1472485 (W.D. North Carolina 2018) leaves no question that courts are now prepared to hold employers liable if they disclose their employees’ information by mistake. And, if… Continue Reading →

Court Finds Virtual Currencies Are “Commodities” Subject To Existing Laws

Unfortunately, the law governing cyber security and privacy issues has not kept pace with the technology giving rise to these issues.   However, a recent decision applying existing law to Bitcoin and other virtual currencies provides insight on how we may… Continue Reading →

California Court Finds Misuse Of Information Is Not A Data Breach

Tax season is quickly becoming peak season for cyber and data incidents.  As seen during every recent tax season, last January the IRS issued warnings about fraudulent inducement scams where a corporate officer’s name is used to fraudulently request employee… Continue Reading →

Ironing Out The Wrinkles In Data Legislation: A Case Study

There should be little dispute that the current patchwork of foreign, federal, state and industry cybersecurity regulations need to be harmonized in order to protect data. While these varying laws and proposed laws can be dizzying even for large corporations, it is… Continue Reading →

A Tale Of Two Worlds: 2017 Shows Us That Small Data Collectors May Have Advantages Over Large Data Collectors

Barring a major development in the final weeks of this year, we appear to be ready to close the books on privacy/cyber law for 2017.  Of course, with two weeks left in 2017, there is still time for last-minute data… Continue Reading →

It May Be Time To Admit That Criminals Will Outpace Privacy Laws

Cyber criminals’ entire business model is based on developing threats faster than the public can develop safeguards.  Privacy laws are fast becoming the first place data collectors look for guidance when they have suffered a cyber attack.  Unfortunately, the legislatures… Continue Reading →

2015 Data Breach At Toy Manufacturer VTech Continues To Provide Insight In 2017

On December 1, 2015, VTech Holdings Ltd., a manufacturer of digital toys and telephones, reported that it suffered a data breach on November 14, 2015.  VTech’s “smart toys” breached the personal information of at least 6.4 million children in addition to the… Continue Reading →

Square Pegs: Recent Case Shows Problems With Fitting Cyber Liability Claims Into Law That Is “A Bit Dated”

Many litigants are struggling with how to fit the “square peg” of cyber security claims into the “round hole” of law that may have been around for a number of decades.  One recent example was seen on June 27, 2017, when… Continue Reading →

Schnucks Market Decision Discounts Argument That Breach Notification Law Gives Rise To Private Cause Of Action

The litigation arising out of the data breach at Schnuck’s Markets (“Schnuck’s) occurring from December of 2012 through March of 2013 is still providing us with insight as to how courts may treat data breach claims.  The latest development related to this… Continue Reading →

P.F. Chang’s Leftovers: District Court Refuses To Address Motion To Dismiss Again After Seventh Circuit Finds Plaintiffs Have Standing In Data Breach Case

The threshold question in data breach lawsuits has been whether a litigant has “standing” to bring a cause of action against the party that allegedly caused a breach. This hurdle for litigants rises out of Article III of the Constitution that… Continue Reading →

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