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No Harm, No Lawsuit: Seventh Circuit Refuses Data Breach Lawsuit Where Credit...

Brendon TavelliWhere the only “damages” alleged following a data security breach are the costs of credit monitoring, a plaintiff has no case, so ruled the Seventh Circuit on August 23, 2007. The...

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More Breach Notification Laws — 42 States and Counting

Proskauer RoseVirginia, West Virginia, and South Carolina are the latest states to pass data breach notification laws, bringing to 42 the total number of states with such laws on the books (including...

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Iowa Enacts 43rd State Breach Notification Law

Proskauer RoseOn May 9, 2008, Iowa Governor Chester Culver signed legislation (SF 2308) requiring any person who owns or licenses computerized data that includes a consumer’s personal information to...

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Breach Litigation Developments Webinar

Proskauer RoseEarly this month I discussed recent developments in data breach litigation at a webinar hosted by Debix.  You can listen to the webinar at any time by following the instructions here. All...

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Seven Days Is All She Wrote . . .

Proskauer RoseAs our readers know, many of the 44 state data breach notification laws allow for (and may even require) a brief delay in notifying affected individuals of the breach if that notification...

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Proskauer Litigation Team Helps Secure Dismissal of Speculative Identity...

Brendon TavelliWhere the only harm alleged is mere “speculation as to a possible risk of injury,” a claim cannot survive a 12(b)(6) motion to dismiss, according to a District of Connecticut decision...

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2009 Ponemon Institute “Cost of a Data Breach” Study Released

Natalie NewmanThis past week, the Ponemon Institute announced their publication of the results of their fifth annual study on the costs of data breaches for U.S.-based companies. The study was...

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Breach Notification Obligations In All 50 States?

Kristen J. MathewsDid you know there are breach notification obligations in all 50 states (effective 9/2012), even though only 46 states have adopted them?  How could that be, you ask?  Because Texas...

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Data Breach Case Research Paper Sheds Light

Kristen J. MathewsIn a draft research paper titled "Empirical Analysis of Data Breach Litigation", three prominent scholars have collected and analyzed a sample of over 230 federal data breach lawsuits...

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HIPAA/HITECH Final Rule: Significant Changes to Existing Regulations

Ryan BlaneyRecently announced changes to the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security Rule represent one of the most significant developments in health care...

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PCI Council Issues Biz Tips to Reduce 3rd Party Security Risk

Jessica GoldenbergOn August 7, 2014 the PCI Security Standards Council issued new guidance to supplement PCI DSS Requirement 3.0 and help organizations reduce the risks associated with entrusting...

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Responding to the Anthem Cyber Attack

Kristen J. Mathews, Roger Cohen and Ellen Moskowitz Authors: Roger Cohen, Paul Hamburger, Kristen Mathews, Ellen Moskowitz, Richard Zall Anthem Inc. (Anthem), the nation’s second-largest health...

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