Pursuing Pokemon Go Characters If you walked down the street during the past week, you probably saw more people than usual staring at their phones trying to “catch” Pokemon characters. An estimated 7.5 million people have downloaded the Pokemon Go mobile app since its launch during the first week of July.
Privacy and Data Security Litigation
Privacy and data security update: an update on data breach notification law for July 2016
We know how important data privacy and security is to your business. We also know how the legal requirements in this area are constantly evolving. To keep you up to date on the latest data breach notification laws across the United States, we’ve summarized the updates for the first half of 2016 below.
No Harm, No Foul: Why Spokeo v. Robins is a Win for Data Privacy Defendants
It is easy to spin a legal decision, and the spinning commenced the moment the United States Supreme Court’s Spokeo v. Robins decision came down. Some hailed the decision as a massive win for corporate defendants, while others believe that the decision represents a win for plaintiffs in ongoing privacy battles. While both outlooks have […]
Court Finds Data Breach Coverage Under CGL Policy
A recent federal court of appeals decision, The Travelers Indemnity Company of America v. Portal Healthcare Solutions, LLC, No. 14-1944 (4th Cir. Apr. 11, 2016), found data breach coverage under a commercial general liability policy (CGL policy). However, this decision should not have a large impact on the future of cyber insurance litigation or […]
Seventh Circuit Finds Standing in Another Data Breach Suit
In Lewert v. P.F. Chang’s China Bistro, Inc., No. 14-3700 (7th Cir. 2016), the Seventh Circuit Court of Appeals found that plaintiffs, customers of P.F. Chang’s restaurants, had standing to pursue their claims against P.F. Chang’s, following a data breach of the restaurant’s computer system that compromised customers’ credit card data. The Court overturned the […]
District Court Dismisses Claim for Unauthorized Disclosure of Personal Identifying Information Under Video Privacy Protection Act
The Video Privacy Protection Act (“VPPA”) was originally drafted to protect an individual from the release of his personal information by his local video store, but developments in technology have forced courts to apply the VPPA in different scenarios. Recent VPPA decisions have frequently addressed what constitutes “personally identifiable information” (“PII”). In a recent New […]
Illinois Governor Vetoes Amendment to Data Breach Law
Illinois Governor Bruce Rauner recently issued an amendatory veto of Senate Bill 1833 (SB 1833), the proposed amendment to Illinois’ Personal Information Protection Act. As previously discussed in this blog, SB 1833 seeks to strengthen Illinois’ data breach notification law by expanding the types of information that trigger breach notifications, and by placing additional requirements […]
Seventh Circuit Finds That Customers Have Standing to Pursue Claims in Neiman Marcus Data Breach Action
The United States Court of Appeals for the Seventh Circuit reversed the district court and found that plaintiffs, customers of Neiman Marcus, have standing to pursue claims resulting from a 2013 data breach of Neiman Marcus’ computer system. Remijas v. Neiman Marcus Group, No. 14-3122 (7th Cir. 2015). As discussed previously in this blog, Article […]
FCC Settles Data Security Action
The FCC entered into a $3.5 million settlement with TerraCom, Inc. (TerraCom) and YourTel America (YourTel). The settlement reduces the initial $10 million fine, and concludes the investigation into whether the companies failed to properly protect the confidentiality of personal information they received from more than 300,000 consumers. The Enforcement Bureau of the FCC initiated […]
FTC Releases Data Security Guide for Businesses
Following a data breach, a company may find itself the subject of regulatory proceedings, which can include fines, brought by the Federal Trade Commission (FTC). In the past 15 years, the FTC has brought more than fifty law enforcement actions related to data security. Using lessons learned from these enforcement actions, the FTC compiled and […]