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HTMLCourt's Interpretation of Merchant Services Agreement Limits Retailer's Liability to Card Brands for Data Breach
Gregory Bautista, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 12, 2015
On January 15, 2015, the U.S. District Court for the Eastern District of Missouri ruled that fees, assessments and costs imposed by the credit card brands on Schnuck Markets, Inc. (Schnuck), a grocery chain estimated to have had 2.4 million customers' credit and debit card information compromised...

 

HTMLChecklists Not Enough When Developing a WISP, FTC Director Comments at IAPP Global Privacy Summit
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 9, 2015
This year’s IAPP Global Privacy Summit was very informative on a number of fronts, including the helpful insight provided by officials at the Federal Trade Commission (FTC) on a range of topics. A good summary of some of their comments, which includes concerns they expressed about the...

 

HTMLACA Information Reporting Creates Data Privacy and Security Issues
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 17, 2015
During this year, businesses will be hearing a lot about the Affordable Care Act’s (ACA’s) information reporting requirements under Code Sections 6055 and 6056. Information gathering will be critical to successful reporting, and there is one aspect of that information gathering which...

 

Adobe PDFCybersecurity: President Signs New Executive Order Establishing a Framework for Public-Private Cybersecurity Collaboration
Jay Clayton, Elizabeth T. Davy, John Evangelakos, Scott D. Miller, Karen Patton Seymour; Sullivan & Cromwell LLP;
Legal Alert/Article
March 31, 2015, previously published on February 13, 2015
Earlier today, President Obama signed an Executive Order intended to “encourage and promote sharing of cybersecurity threat information within the private sector and between the private sector and government.” The Executive Order calls for the development of Information-Sharing and...

 

HTMLFTC Announces “Concrete Steps” for IoT Privacy and Security
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 28, 2015
As the vast array of internet-connected devices mushrooms, and technologies permit those devices to communicate with one another, calls for privacy and security can be heard. On the heels of a recent victory in the ongoing LabMD case, the Federal Trade Commission (FTC) announced yesterday...

 

HTMLNew York Attorney General Seeks Stonger Data Breach Notification Law and Data Security Safeguards
Joseph J. Lazzarotti, Jeffrey M. Schlossberg; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 29, 2015
Earlier this month, the New York Attorney General Eric T. Schneiderman announced a legislative proposal that would strengthen protections for private information by expanding the state’s breach notification law to cover e-mails, passwords and health data, require companies to implement data...

 

HTMLGood News for Companies: Pennsylvania District Court Rules That Plaintiffs Lack Standing without Actual or Imminent Misuse of Data
Melissa K. Ventrone, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 26, 2015
“There are only two types of companies left in the United States ... those that have been hacked and those that don’t know they’ve been hacked.” That is how U.S. District Judge John E. Jones III of the Middle District of Pennsylvania began his opinion in Storm v. Paytime,...

 

HTMLFTC’s Hammer Gets Bigger with LabMD Case
Amy R. Worley; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 26, 2015
The on-going fight to hammer out the extent of the Federal Trade Commission’s authority to bring regulatory enforcement actions in data breach cases took another blow last week in LabMD v. FTC. In that case, the U.S. Court of Appeals for the Eleventh Circuit sided with the FTC holding...

 

HTMLPresident Obama to Call For National Data Breach Notification Law and Other Cybersecurity Measures
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on January 12, 2015
About two years ago, President Obama signed an executive order on the date that he delivered his State of the Union address which directed certain federal agencies to develop voluntary standards for achieving cybersecurity. Preparing for his 2015 State of the Union address, Bloomberg and other news...

 

HTMLIllinois Attorney General Seeks Stronger Data Breach Notification Law, Requirement to Safeguard Personal Information
Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on March 3, 2015
Reacting to a report that identity theft was a top concern for Illinois residents (second in a list of ten), Attorney General Lisa Madigan announced a legislative proposal to strengthen the state’s existing data breach notification law. The call for stronger breach notification laws is a...

 


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