Fear of data breach consequences splits appeals courts

A recent federal appeals court ruling in a putative class action lawsuit that says plaintiffs can sue even if there is only fear of, but no actual, damage from a data breach further deepens an appeals court split on the issue and enhances its chances of being considered by the U.S. Supreme Court, experts say. […]

Federal Appeals Court Says Healthcare Insurer Must Face Data Breach Lawsuit

A federal appeals court earlier this week dealt a blow to healthcare insurer CareFirst, Inc., concluding that a group of customers have the right to pursue a class action data breach lawsuit based on a 2014 cyberattack. Read about the latest ruling by a United States federal appeals court which says that healthcare data breach […]

Appeals court rules health insurance breach victims can sue providers

The tides may be turning in favor of data breach victims after an appeals court Tuesday ruled a health insurance company’s customers could sue the provider after a data breach. Read about the new verdict given by an appeals court in United States which allows health insurance data breach victims to sue their providers on […]

Canadian firms don’t do basics to minimize data breach risk

Few Canadian organizations are prepared to handle data breaches, says a Canadian lawyer who focuses on cyber security and data protection law. Many Canadian organizations haven’t done some of the basic things that regulatory guidance and best practices suggest to minimize risk of a data breach,” Bradley Freedman, Vancouver-based partner at the Borden Ladner Gervais law […]

An Ounce of Data Breach Prevention…Address Attorney-Client Privilege in Your Breach Planning

Read why Rosemary McKenna says that every company should factor in attorney-client privilege in their data breach response plans on Data breach “horror” stories have become a new staple in today’s business environment. The frequency of attacks which threaten (or compromise) the security of business networks and information systems continually increases — in the health […]

How to ensure that your contracts are compliant with new Data Breach Notification Laws

Read Albert Yuen and Liam Mulvey explain how companies can ensure their contracts are compliant with the new data breach notification law in Australia on CIO : In response to the growing privacy concerns around personal data, the Australian Government recently passed the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) (the ‘New Data Breach […]

How to Keep Your Valuable Data Safe and Keep Your Legal Options Open

Read  Daniel D. Rubinstein and Shannon T. Murphy’s article about how companies can keep their data safe and legal options open on Lexology : As then-Attorney General Eric Holder has explained, “There are only two categories of companies affected by trade-secret theft: those that know they’ve been compromised and those that don’t know yet.” Read […]

CIO upfront: The privacy whirlwind, keeping up with compliance

Here are two things to think about. One. New Zealand is poised to pass new legislation that sets the framework for the disclosure of data breaches to the public. Two. You may already require compliance with the European Union’s General Data Protection Regulation (GDPR). Read Brian Fletcher of Symantec analyse the upcoming New Zealand’s data notification law on […]

What Anthem’s Settlement Reveals About Future Data Breach Suits

Read Jeff Stone explain what lessons Anthem’s data breach settlement hold for future data breach suits on Wall Street Journal : The settlement in the case regarding health insurer Anthem Inc. could make it possible for plaintiffs in future class action cases involving data breaches to argue they were harmed as a result of their […]

How To Stay Safe In A World Of Law Firm Data Breaches

About two-thirds of law firms have experienced some sort of data breach, according to a forthcoming cybersecurity scorecard from Logicforce that gives eye-popping clarity to the extent of data breaches in the industry — and what firms can do about it. Read about the new report by Logicforce which reveals that majority of law firms in […]