Privacy Risk Report

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Protecting Against the Risk

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 →

Neiman Marcus Case Settles After Years Of Haggling Over Price Of Data Breach Cases

Last week, the parties in Remijas v. Neiman Marcus, Case No. 14-cv-1735, a class action lawsuit related to a data breach at retailer Neiman Marcus was settled in the Northern District of Illinois.  The Seventh Circuit’s reversal of the District… Continue Reading →

Rowe In Advisen: The WikiLeak’s Data Dump Cannot Be Undervalued By The Insurance Industry

This article originally appeared in Advisen’s Front Page News, Cyber Edition, on March 16, 2017. Over the last few months, there have been a number of news stories concerning allegations that the Russians may have hacked US political parties and… Continue Reading →

Illinois Court Struggles With Biometric Information Stored On The “Cloud”

Last week, we analyzed Rivera v. Google Inc., 16 C 02714 (N.D. Ill 2016), a decision by the District Court for the Northern District of Illinois which examined the Illinois Biometric Information Privacy Act (“BIPA”) (740 ILCS 14/1 et seq.)…. Continue Reading →

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