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|Health Data Breach Victims Have Standing to Sue Says WV Supreme Court|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 9, 2014, previously published on June 3, 2014The most common defense against class actions for data breach has itself been breached in a ruling last week by the West Virginia Supreme Court.
|Primer On Virginia's Data Breach Law: Part Two|
Christopher S. Colby; Vandeventer Black LLP;
June 9, 2014, previously published on June 2014Recall from Part I of the Primer on Virginia's Data Breach Law that your laptop has been stolen, and you have concluded there has been a breach of security under Virginia's data breach law. You must now determine whom to notify, and this will depend on your relationship to the data. Individuals or...
|Primer On Virginia's Data Breach Law: Part One|
Christopher S. Colby; Vandeventer Black LLP;
June 9, 2014, previously published on June 2014Imagine that your laptop is stolen. Since you conduct all your business on it, you struggle to remember the last time you backed up your data, and agonize at the prospect of rebuilding weeks, months, and possibly years of files. As you contemplate the recovery of your business data, you should also...
|Pennsylvania Supreme Court Evenly Divided on Discoverability of Attorney-Expert Communications|
Matthew L. Erlanger, Jennifer M. Horn; Cohen Seglias Pallas Greenhall & Furman PC;
June 6, 2014, previously published on May 16, 2014On April 29, 2014, an evenly divided Pennsylvania Supreme Court issued an order affirming the Pennsylvania Superior Court’s decision in Barrick v. Holy Spirit Hospital. The ruling means that communications between a party’s counsel and a party’s expert witness remain exempt from...
|Promises to Keep: Lessons Learned from Facebook’s Recent Acquisitions of WhatsApp and Moves|
Jake Romero; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 4, 2014, previously published on May 19, 2014Mergers are never simple, but the acquisition of consumer products and technology requires the purchasing entity to consider a number of questions and issues beyond the standard concerns related to executive pay, corporate valuations and per share prices. Will we be able to integrate our corporate...
|California Attorney General Issues Recommendations on Developing Privacy Policies|
Ronald W. Del Sesto, Courtney E. Smith; Bingham McCutchen LLP;
June 4, 2014, previously published on May 27, 2014On May 21, 2014, California Attorney General Kamala D. Harris issued recommendations regarding recent revisions to the California Online Privacy Protection Act (“CalOPPA”). CalOPPA requires an operator of a website or online service that collects personally identifiable information from...
|California Attorney General’s Guide on CalOPPA|
Rebecca S. Eisner, Lei Shen; Mayer Brown LLP;
June 3, 2014, previously published on May 28, 2014The amendment to the California Online Privacy Protection Act (CalOPPA) that established the state’s “do not track” disclosure requirements became effective on January 1, 2014. It requires web site privacy policies to include certain do not track disclosures. However, because do...
|Kentucky Enacts New Data Breach Law Requiring Data Security Requirements, Investigation and Data Breach Notice Requirements|
Lisa E. Underwood; Wyatt, Tarrant & Combs, LLP;
June 3, 2014, previously published on May 15, 2014In response to the Client Update on the two new Kentucky data breach bills, we have received several inquiries about HB 5 and thought it would be helpful to provide another Client Update with answers to some commonly asked questions.
|Automatic Renewal Class Actions Are On the Rise|
Rebecca B. Johns, John Nadolenco, Evan M. Wooten; Mayer Brown LLP;
June 3, 2014, previously published on May 28, 2014The automatic renewal of subscription services has become quite commonplace: typically, companies renew subscribed services and charge credit card numbers maintained on file until the customer cancels the service or either the credit card or the service expires. Companies, customers and even the...
|It’s Like Déjà Vu All Over Again: Yogi Berra On Information Security|
Jack Pringle; Adams and Reese LLP;
June 2, 2014, previously published on May 13, 2013It is Spring again, and the national pastime is in full swing. This year Spring also brought knowledge of the Heartbleed Bug - another threat to the security of information stored and transmitted online. And just as baseball is a fixture of the American landscape, so too unfortunately are data...