For a number of years, it has been clear that data collectors face a patchwork of privacy regulations that may give rise to contradictory obligations. A recent case involving the disclosure of private information of student loan borrowers provides one of… 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 →
Over the years there have been questions whether the term “cyber” is adequate in light of the exponential growth of privacy law. First, the term “cyber” tried to do too much when it was used to describe everything from large-scale… Continue Reading →
Uber’s technology and business plan has consistently presented a number of interesting privacy issues. Another interesting privacy issue involving Uber came to light on November 28, 2017 when the City of Chicago and Illinois (“plaintiffs”) filed their Complaint in a… Continue Reading →
For many years, governmental bodies and some commercial companies have had a responsibility to provide information conveniently to the public. Specifically, under Open Records Acts, Freedom of Information Action requests and other similar requirements, many governmental bodies have to provide… Continue Reading →
On June 27, 2017, the law firm DLA Piper (“law firm”) found itself to be one of many of targets of a recent global cyber attack. The attack reportedly did not compromise any client data. Reports indicate that, even though email… Continue Reading →
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 →
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 →
For years there has been a discussion over whether data breaches and cyber security can eventually be regulated by centralized laws rather than various state and federal laws and regulations. Even in October 2014, President Obama called upon Congress to… Continue Reading →
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