While data collectors had no time to prepare for employees to start working from home in early 2020, there is time to prepare for the shift back to the office. Without a doubt, many data collectors are struggling with the cybersecurity… Continue Reading →
There is little dispute that the Illinois Biometric Information Protection Act (“BIPA”) is a unique privacy law to the extent that it creates a private cause of action for any failures to notify individuals before their biometric information is collected… Continue Reading →
While the United States may not have data protections in place that are as extensive as those seen the European Union’s adoption of GDPR, there is still a comprehensive framework of state and federal regulations in place to protect personal… Continue Reading →
Not long ago, data collectors could feel secure in the fact that plaintiffs had a significant hurdle to establish standing to bring a lawsuit related to a data breach. However, on November 21, 2018, the Pennsylvania Supreme Court issued its… Continue Reading →
On October 17, 2018, the American Bar Association published Formal Opinion (“F.O. 483) to directly address cyber security for lawyers. Specifically, F.O. 483 provides guidance on “attorney’s ethical obligations when a data breach exposes client confidential information.” As an initial… Continue Reading →
While some courts have found coverage for data breach claims under CGL policies, there should be little dispute that the best way to limit risk is to obtain a cyber policy rather than hoping for coverage under a CGL policy…. Continue Reading →
A recent lawsuit filed by Tesla, Inc. provides a reminder of the potential threat caused by employees and other insiders to data collectors’ security. While there is a balance between proper security and creating a pleasant work environment for employees,… Continue Reading →
Discussions on privacy laws have taken front and center in recent weeks as European Union (EU) member states begin enforcing the General Data Protection Regulation (“GDPR”) on May 25, 2018. As we have been discussing for a while, there is… Continue Reading →
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 →
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 →
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