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|New York Regulator Announces Plans to Conduct Targeted Cybersecurity Examinations of Insurance Companies, Issue Standards|
Matthew R. Bowles, Scott A. Edelstein, Lisa M. Ledbetter, Mauricio F. Paez; Jones Day;
February 26, 2015, previously published on February 2015On February 8, 2015, the New York State Department of Financial Services ("NYDFS") announced that it will soon begin making targeted cybersecurity assessments of insurance companies and that it plans to issue regulations setting heightened security standards. The announcement coincides...
|Prepaid Mobile Provider to Pay $40 Million to Settle Charges It Deceived Consumers About ‘Unlimited’ Data Plans|
Adam Z. Solomon; Olshan Frome Wolosky LLP;
February 26, 2015, previously published on February 9, 2015Mobile provider settles with FTC for deceptive advertising claims about its data plans.
|Consumer Associations Will Be Entitled to Bring Collective Action for Data Protection Violations|
Undine von Diemar; Jones Day;
February 26, 2015, previously published on February 2015The German Federal Cabinet has adopted draft legislation that, if approved, will allow civil claims to enforce violations of data protection provisions protecting consumer rights (Entwurf eines Gesetzes zur Verbesserung der zivilrechtlichen Durchsetzung von verbraucherschützenden Vorschriften...
|New Telecommunications Privacy Rules for U.S. Broadband Providers|
Bruce A. Olcott, Mauricio F. Paez, Preston N. Thomas; Jones Day;
February 26, 2015, previously published on February 2015Turn-of-the-century common carrier regulation is about to be imposed on providers of broadband internet services in the United States; all that remains to be determined is the details, and there are a lot of them in dispute. On February 4, 2015, Chairman Tom Wheeler of the Federal Communications...
|President Signs End-Of-Year Cybersecurity Legislation Into Law|
Nandini Iyer, Richard J. Johnson, Gabriel Morris Ledeen, Mauricio F. Paez, Katherine S. Ritchey; Jones Day;
February 25, 2015, previously published on December 2014On December 18, 2014, President Obama signed into law five cybersecurity-related bills that address concerns recently brought to the forefront by highly publicized intrusions into public and private networks.
|TCPA Plaintiff Gave Consent to Calls Based on Prior Class Action Settlement|
William F. Dolan, Gregory R. Hanthorn, Richard J. Johnson, J. Todd Kennard, Bruce A. Olcott; Jones Day;
February 25, 2015, previously published on December 2014A recent case highlights the importance of carefully drafting settlement agreements. In that case, a federal district court judge held that a prior class action settlement precluded the plaintiff from filing released claims in a new lawsuit under the Telephone Consumer Protection Act...
|Are You Covered for CyberWarfare, CyberTerrorism and CyberVandalism?|
John E. Iole; Jones Day;
February 25, 2015, previously published on December 23, 2014Cyber attacks are now a routine part of the corporate landscape. Businesses regularly defend against or succumb to cyber infiltrations and data exfiltrations that can result in hundreds of millions of dollars of loss. The losses obviously are not confined to property and information — the...
|The SEC and FINRA Double-Down on Cybersecurity Enhancement and Prevention|
Matthew Johns, Terry R. Weiss; Greenberg Traurig, LLP;
February 24, 2015, previously published on February 5, 2015In the wake of recent cybersecurity breaches, the SEC and FINRA simultaneously issued reports this week to the securities industry summarizing cybersecurity examination findings and to investors recommending certain precautions to safeguard online investment information.
|The Anthem Data Breach: The Fallout and What’s Next|
Cynthia Larose, Kevin M. McGinty; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
February 23, 2015, previously published on February 10, 2015By now (unless you have been under a snow drift), you have likely heard about the apparent intrusion into a database at the nation’s largest health insurer, Anthem, Inc. Rather than reiterate the facts as currently known we’ll look at the fallout and what’s next.
|California School Teacher’s Claim That She Was Fired Due to a Computer Error Proceeds|
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
February 23, 2015, previously published on January 30, 2015Rommel v. Los Angeles Unified School District, No. B253405 (December 5, 2014): In a recent unpublished ruling, the California Court of Appeal reversed a trial court’s judgment in favor of a school district and against a teacher who claimed that she was fired while on disability leave as a...