Archives: Data Breach

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District of Columbia court allows $500 million Consumer Protection Procedures Act claim against Mark Zuckerberg to proceed: What corporate executives should know

By Adrian Snead on August 13, 2026

Close-up hands typing on keyboard laptop computer with chat box icons

Key takeaways… Continue Reading

OFAC updates guidance on ransomware payments and sanctions risk

By Porter Wright on September 27, 2021

On Sept. 21, 2021, the Department of Treasury, Office of Foreign Assets Control (OFAC), updated its published guidance regarding sanctions risks associated with making ransomware payments and its official policy on such payments. This updated guidance, taken in conjunction with OFAC’s recent sanctions designation of a cryptocurrency payment exchange frequently used for ransomware payments, and … Continue Reading

New standard contractual clauses adopted by the European Commission

By Katja Garvey on June 9, 2021

On June 4, 2021, the European Commission (EC) adopted a modernized set of standard contractual clauses for international data transfers (New SCCs) aimed at better protection of the data businesses transfer out of the European Union (EU). These New SCCs, which will take effect on June 27, 2021, will replace the standard contractual clauses that … Continue Reading

Ohio passes new law providing safe harbor to businesses suffering a data breach and amends Ohio law to allow records and contracts secured by blockchain technology

By Porter Wright on September 7, 2018

Implementing a cybersecurity framework may begin to pay off for companies doing business in Ohio. As anyone following data privacy litigation knows, litigation stemming from data breach incidents can prove to be extraordinarily burdensome and expensive. Ohio is the first state to pass a law that will limit a business’s exposure in data breach litigation … Continue Reading

Sixth Circuit finds insurance coverage for phishing losses

By Donna Ruscitti on July 30, 2018

“The risk of loss due to some form of cyberattack should prompt employers to consider insuring against those losses. But, not all cyberinsurance policies are created equal.” Our colleague, Brian Hall, writes in the most recent Employer Law Report blog post which discusses the recent 6th Circuit case, American Tooling Center, Inc. v. Travelers Casualty and Surety … Continue Reading

UPDATE: All fifty states now have data breach statutes

By Porter Wright on May 3, 2018

On July 1, 2018, all fifty states will have active data breach statutes that govern the notification process for companies that experience a data loss incident. Alabama and South Dakota both recently passed data breach laws, representing the last two states to enact data breach legislation. As with other data breach statutes, Alabama and South … Continue Reading

Don’t wannacry? Help your IT staff prevent ransomware

By Donna Ruscitti on May 18, 2017

This week our colleagues at Employer Law Report published a post discussing the recent “Wannacry” ransomware attack. In the post, Brian Hall outlines the risks employers may face when dealing with cyber attacks and how human resource departments can help protect their organizations. Click below to read the full article. Don’t wannacry? Help your IT staff prevent … Continue Reading

Why HIPAA compliance matters: How a “small” breach can yield a large fine

By Porter Wright on January 31, 2017

The new year continues as the old ended, with HIPAA enforcement actions. On Jan. 11, 2017, MAPFRE Life Insurance Company of Puerto Rico (MAPFRE Life) entered into a Resolution Agreement with the United States Department of Health and Human Services, Office for Civil Rights (HHS) in which MAPFRE Life agreed to pay approximately $2.2 million … Continue Reading

What is the legal standard for harm in a data breach event?

By Donna Ruscitti on May 26, 2016

Consumer data breaches happen all of the time. And some of those times, consumers may not have had harm…yet. Our colleagues at Antitrust Law Source published a podcast discussing the how fear of harm may or may not warrant relief and the recent differing court decisions. Listen to the podcast, “Consumer data breaches.”… Continue Reading

Porter Wright announces the 2016 Technology Seminar Series

By Donna Ruscitti on May 3, 2016

Porter Wright continues its tradition of providing cutting-edge information about how technology affects your business with the 2016 Technology Seminar Series, beginning May 18. This year’s sessions are: May 18: Big Data, Data Analytics & the Law 2016: What Your Company Needs to Know About the Evolution of the Next Big Thing “Big data” is one of today’s … Continue Reading

Minimizing the damages of health care data breaches

By Donna Ruscitti on December 2, 2015

Our colleagues over at Antitrust Law Source recently published a podcast on the inevitable health care data breach and how you can lessen the damages. Some key issues include: when to review data security policies, how to prepare for a potential breach and how to deal with third-party vendor access. Listen to the podcast to … Continue Reading

Leading European privacy law conference points to key themes, suggests strategic directions

By Porter Wright on February 12, 2015

A few weeks ago, more than 1,000 academics, legal practitioners and government officials convened for one of Europe’s premier privacy law events: the Computers, Privacy and Data Protection (CPDP) conference in Brussels, Belgium. Europeans dominated this crowd but a significant number of participants from other countries, including the U.S., made this a truly international gathering. I … Continue Reading

Hospital pays six figures to settle data breach enforcement suit

By Jay L. Levine on December 19, 2014

At the end of last month, Boston hospital Beth Israel Deaconess Medical Center (BIDMC) settled a data breach lawsuit brought by the Massachusetts Attorney General related to the 2012 theft of a physician’s laptop. Under a consent decree entered on Nov. 20, 2014, BIDMC agreed to pay $100,000 and to take a number of steps … Continue Reading

The latest surge in data breaches highlight key takeaways for employers

By Brian Hall on October 2, 2014

The recent data breaches at Target, Home Depot, and Jimmy John’s have kept data privacy and security in the news lately. But from a legal perspective, there has never been much that the victims of these breaches could do to obtain a remedy in the absence of actual proof of identity or other theft. Indeed, … Continue Reading

Florida ramps up data breach notification law

By Donna Ruscitti and Porter Wright on June 30, 2014

The Florida Information Protection Act of 2014, aimed at strengthening Florida’s data breach notification law, goes into effect tomorrow, July 1, 2014. The act contains major changes to Florida’s existing data breach notification statute and makes it one of the toughest in the nation. Shortened notice period For example, notice to consumers must be given within … Continue Reading

Porter Wright announces 2014 Technology Seminar Series

By Donna Ruscitti on June 9, 2014

Porter Wright continues its tradition of providing cutting-edge information about how technology affects your business with the 2014 Technology Seminar Series, beginning June 18. This year’s sessions are: Social media in litigation: a shield and a sword June 18 The worlds of social media and litigation have collided. Social media evidence is used in employment … Continue Reading

District court gives the FTC the go-ahead in Wyndham data security enforcement suit

By Jay L. Levine on April 14, 2014

A decision from the U.S. District Court for the District of New Jersey last week affirmed the Federal Trade Commission’s assertion of authority to prosecute data security breaches under Section 5 of the Federal Trade Commission Act. The FTC has increasingly used its authority under Section 5, which makes it unlawful to engage in “unfair … Continue Reading

Implementing cloud strategies

By Donna Ruscitti on August 16, 2013

As companies struggle with how to develop cloud strategies that are both cost effective and protect sensitive consumer and corporate data, the National Institute of Standards and Technology (NIST) can provide hands-on information to the private sector to help implement a reasonable cloud computing solution. Though NIST provides guidelines to the U.S. Government, the private … Continue Reading

IMPACT: Measuring the Loss of Brand and Business Reputation after a Data Breach

By Donna Ruscitti on November 23, 2011

Brand and business reputation suffer following a data breach. A recently released survey puts some numbers to the losses and shows just how much that damage can be, with breach of customer data being the most costly. The study, independently conducted Ponemon Institute LLC and sponsored by Experian® Data Breach Resolution, is believed to be … Continue Reading

Porter Wright Information Privacy and Data Security Workshop Series

By Porter Wright on January 5, 2011

Please join us for this informative series focused on the technical, enforcement, and practical aspects of experiencing and responding to a data security incident. For the complete invitation and details on registration please click here. IDENTITY THEFT, CORPORATE DATA SECURITY BREACHES AND LAW ENFORCEMENT: SHOULD I CALL THE COPS? Learn How to Effectively Utilize Law … Continue Reading

HHS Withdrawing Breach Notification Final Rule – Temporarily

By Porter Wright on July 30, 2010

The Department of Health and Human Services (HHS) announced yesterday that it was temporarily withdrawing the breach notification final rule from review of the Office of Management and Budget (OMB) to allow HHS further time to consider these regulations. The breach notification rule, among other things, requires covered entities to notify individuals whose protected health information … Continue Reading

Data Breach Incidents on the Rise

By Porter Wright on June 28, 2010

This week, the Identity Theft Resource Center released its 2010 data breach statistics report for data breaches through June 22, 2010. According to this weekly report, 2010 has already seen 325 reported data breaches exposing approximately 8.3 million records. Considering that the 2009 report shows 498 reported data breaches for all of last year, it looks like … Continue Reading

Security Breach Results in Fine Despite Prior Security Measures

By Porter Wright on April 20, 2010

In January 2008, the Davidson Companies, a financial services holding company, announced that a database containing current and past customer records had been hacked during a SQL injection attack. On April 14, 2010—more than two years after the network intrusion—the Financial Industry Regulatory Authority (FINRA) fined the company $375,000 for the breach.… Continue Reading