Data Breach Notification

In late May, New York Attorney General Letitia James announced a $200,000 settlement agreement with Filters Fast, an online water filtration retailer, stemming from a 2019 data breach compromising the personal information of over 300,000 consumers across the U.S., including nearly 17,000 in New York state.  The settlement also requires the online retailer to strengthen

On May 12, 2021, the Biden Administration issued an Executive Order on “Improving the Nation’s Cybersecurity” (EO). The EO was in the works prior to the Colonial Pipeline cyberattack, reportedly a ransomware incident that snarled the flow of gas on the east coast for days. Ransomware attacks are nothing new, but they are increasing in

As we noted in our last post, there has been a flurry of data privacy and security activity in New York, with the State appearing poised to join California as a leader in this space.  Most recently, on April 29, 2021, the New York City Council passed the Tenant Data Privacy Act (“TDPA”), which

Effective July 9, 2021, certain retail and hospitality businesses that collect and use “biometric identifier information” from customers will need to post conspicuous notices near all customer entrances to their facilities.  These businesses will also be barred from selling, leasing, trading, sharing or otherwise profiting from the biometric identifier information they collect from customers.  Customers

In a recent post, we highlighted the need for a privacy and cybersecurity training program, one not solely focused on spotting phishing attempts (although that is quite important as well). A primary reason, quite simply, is that employees continue to be a leading cause of data breaches. This fact was reaffirmed for the Wyoming

Utah Military and Veteran Benefits | The Official Army Benefits WebsiteIn mid-March, Utah Governor Spencer Cox signed into law the Cybersecurity Affirmative Defense Act (HB80) (“the Act”), an amendment to Utah’s data breach notification law, creating several affirmative defenses for persons (defined below) facing a cause of action arising out of a breach of system security, and establishing the requirements for asserting such

The 11th Circuit recently weighed in on the hottest issue in data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Joining several other circuit courts, the 11th Circuit in Tsao v. Captiva MVP Rest. Partners, concluded that the plaintiff had failed to allege either that

Employee Snooping: Your Employees' Temptations = Your LiabilityAs we noted in late January 2020, the spread of infectious disease raises particular concerns for healthcare workers who want to do their jobs and care for their patients, while also protect themselves and their families. Perhaps the desire to protect one’s self and family is what motivated a California state healthcare worker to access

Virginia may be the first state to follow California’s lead on consumer privacy legislation, but it certainly will not be the last. The International Association of Privacy Professionals (IAPP) observed, “State-Level momentum for comprehensive privacy bills is at an all-time high.” The IAPP maintains a map of state consumer privacy legislative activity, with in-depth analysis

The California Privacy Rights Act (CPRA), passed in November, 2020, added to the California Consumer Privacy Act (CCPA) an express obligation for covered businesses to adopt reasonable security safeguards to protect personal information. The CPRA also clarified the CCPA’s private right of action for consumers whose personal information is breached due to a failure to