Privacy Risk Report

Tag

cyberliability

Through Thick And Thin: Anthem Breach Shows Lasting Commitment For Data Breach Cases

There should be little question that data breach litigation will continue to present unique issues for courts.  However, we are also starting to see a trend showing settlements in data breach litigation may present novel issues.  For example, the documents publicly available related… 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 →

Take This Job And Shove It—Oh, But First Can I Get My Family Pictures and iTunes Off My Work Phone?

Technology in the workplace has developed to a point where we now have our personal data and our employer’s data commingled on the same devices.  We may now see employees using work phones to store personal numbers and family pictures… 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 →

Emerging Privacy Issues In Discovery Of Social Media

By Danita L. Davis Sudac Individuals’ willingness to share detailed accounts of their lives on social media sites, such as Facebook, has created an unparalleled source of evidence for lawyers seeking discovery.   There is little question that social media evidence… Continue Reading →

Class Action Suit Filed by Credit Union over Arby’s Data Breach

On February 10, 2017, Midwest America Federal Credit Union (Midwest America) filed a class action complaint in the U.S. District Court for the Northern District of Georgia against Arby’s Restaurant Group, Inc. Midwest America’s complaint alleges that defendants failed to… Continue Reading →

Use of Biometric Data Enters the Courts

The Privacy Risk Report has previously reported on the necessity to safeguard personal information such as names, addresses, social security numbers and credit card information to avoid risk resulting from data breaches. The latest trend we are seeing now involves… Continue Reading →

Recent Litigation Provides Example of Password Being Possibly Too Safe

It is evident that password security is one economical way to decrease the chances of a cyber incident, but recent litigation sheds light on a situation involving a password having too much protection. The American College of Education (ACE), which… Continue Reading →

Recent Case Sheds Light on What Courts May Find Makes Security Measures Reasonable

A number of states have recently imposed duties for data collectors to safely store information. For example, Illinois data collectors are now required to “implement and maintain reasonable security measures” to protect data (815 ILCS 530/45). Unfortunately, data collectors have not received guidance… Continue Reading →

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