Searching Content indexed under Privacy by Carlton Fields ordered by Published Date Descending.
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CF On Cyber: The GDPR's New Territorial Scope Guidelines
The European Data Protection Board on November 16, 2018, released new guidelines to help describe how the GDPR will apply to data controllers and processors both within and outside the European Union.
United States
12 Dec 2018
Failure To Procure Cyber Insurance Could Haunt Your Company
A federal court in Florida recently adopted the now well-developed consensus that data breach losses are not covered under standard Commercial General Liability (CGL) policies.
United States
1 Nov 2018
In California, A New Era In U.S. Privacy
In June, California passed a sweeping new privacy law that will impact an estimated 500,000 businesses in the United States.
United States
8 Oct 2018
Data Breach Bill Applicable To Reinsurers Heads To Floor Of Us House Of Representatives
The "Consumer Information Notification Requirement Act" (H.R. 6743) was passed out of the House of Representatives Committee on Financial Services one week after being introduced and is now headed to the floor for consideration by the full chamber.
United States
3 Oct 2018
Defense Victories In Genetic And Biometric Privacy Class Actions
In what may be a glimpse into the next frontier in class action litigation, two federal courts recently disposed of putative class actions alleging violations of state privacy laws involving genetic and biometric data.
United States
11 Sep 2018
Fourth Circuit Holds Plaintiffs Who Allege Identity Theft Have Standing To Sue Post-Data Breach, But What Does It Mean For Certification?
The Fourth Circuit's 2017 decision in Beck v. McDonald held that the mere fear of identity theft in the wake of a data breach was insufficient to confer Article III standing.
United States
24 Aug 2018
California Passes Stringent Privacy Law Akin To GDPR
Last month, California passed a sweeping new privacy law that will impact many businesses. The California Consumer Privacy Act of 2018, AB 375 (CCPA) is the first U.S.
United States
25 Jul 2018
Eleventh Circuit Affirms No Coverage Under Computer Fraud Provision Of Insurance Policy
On May 10, the U.S. Court of Appeals for the Eleventh Circuit affirmed the decision of the U.S. District Court for the Northern District of Georgia in InComm Holdings, Inc. v. Great American Insurance Company.
United States
14 May 2018
Supreme Court Denies Insurer's Petition To Review Standing In Data Breach Class Actions
The breached companies – themselves the victims of cyberattacks – often face putative class actions by consumers whose nonpublic financial and health information was allegedly compromised in the breach.
United States
6 Apr 2018
Case Alleging That Barnes & Noble Wrongfully Shared Customer Information With Facebook Ordered To Arbitration
Plaintiff filed a class action against Barnes & Noble in the Southern District of New York, alleging that it violated her privacy by sharing information about her purchases with Facebook.
United States
6 Apr 2018
Beyond The European Union: How The GDPR Affects US Companies
Satisfying these requirements is expected to be a serious challenge for many organizations.
21 Feb 2018
Ninth Circuit Confirms Privacy Exclusion Bars TCPA Claims
Claims under the Telephone Consumer Protection Act (TCPA) present numerous issues for insurance companies and policyholders. Because TCPA claims lend themselves to class action suits, the potential exposure can be significant.
United States
7 Nov 2017
Ninth Circuit Allows Class Arbitration To Proceed Despite Absence Of Express Reference To Class Arbitration
Lamps Plus appealed an order permitting class arbitration of claims related to a data breach of personal identifying information of its employees, alleging negligence, breach of contract, invasion of privacy, and other claims.
United States
9 Oct 2017
The Continuing Saga of Standing in Data Breach Class Actions: The 8th Circuit Weighs In
We previously reported on the developing circuit split over Article III standing in data breach class action cases. In August, the D.C. Circuit Court joined the Sixth, Seventh, and Ninth Circuits in finding that the injury-in-fact requirement for Article III standing can be satisfied by fear of identity theft following a data breach.
United States
29 Sep 2017
Still Standing: Ninth Circuit Again Finds Standing in Spokeo Remand
The Ninth Circuit recently issued its latest opinion in Spokeo, Inc. v. Robins, the closely-watched putative class action dating back to 2010.
United States
1 Sep 2017
NAIC Cybersecurity Working Group Votes to Approve Insurance Data Security Model Law
The National Association of Insurance Commissioners (NAIC) Cybersecurity (EX) Working Group (Cybersecurity WG) approved Version 6 (Finalized) of its Insurance Data Security Model Law (Model) on August 7 at the NAIC Summer 2017 National Meeting in Philadelphia.
United States
15 Aug 2017
Are DC Federal Courts The Next Hotbed For Data Breach Class Actions?
We have previously reported on the evolving circuit split over standing in data breach class actions. On August 1st, a three judge panel for the District of Columbia Circuit became the latest to weigh in on the issue.
United States
7 Aug 2017
Class Action And Regulatory Settlements Reflect The Rising Cost Of Data Breaches
As the number of data breaches continues to increase, so too do the costs. After a breach occurs, companies typically expend significant sums conducting investigations, notifying customers and regulators...
United States
25 Jul 2017
Your Apps May Be Selling You Out
While most people are vaguely aware, even if they are in denial, that their browsers give advertisers access to their search histories, they are probably unaware that information is being sold...
United States
20 Jul 2017
New HHS Cybersecurity Preparedness Checklist
If a breach affecting 500 or more individuals occurs, the covered entity or business associate must report the breach to OCR as soon as possible...
United States
26 Jun 2017
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