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|EU-US Data Transfer Safe Harbor Ruled Invalid|
Nicholas Beermann; Fisher & Phillips LLP;
November 4, 2015, previously published on October 7, 2015In a decision sure to have widespread implications for over 4,500 US companies doing business in Europe and anyone else who accesses data from the continent, the European Court of Justice ruled yesterday that the 15 year-old data-sharing arrangement known as “Safe Harbor” is invalid.
|7 Tactics for Winning the Cyber War, Part 4: Identify and Protect Critical Cyber Assets|
Richik Sarkar; McDonald Hopkins LLC;
October 29, 2015, previously published on September 30, 2015To minimize your cyber risk, it is important to have a clear understanding of what critical information and assets you possess, how they are maintained, and what can be accessed.
|Supreme Court Upholds Affordable Care Act Rule Authorizing Health Subsidies in States with Federal Exchanges|
Robert P. Charrow; Greenberg Traurig, LLP;
June 29, 2015, previously published on June 25, 2015Today, in King v. Burwell, the Supreme Court in a 6-3 decision authored by the Chief Justice upheld the IRS Regulation (“the Regulation”) that provided subsidies under the Affordable Care Act (ACA) to individuals in States with only federally established - as opposed to State...
|Regulatory Guidance For Safeguarding Personal Information|
Bradley J. Freedman; Borden Ladner Gervais LLP;
June 26, 2015, previously published on June 24, 2015On June 10, 2015, the Office of the Privacy Commissioner of Canada issued Interpretation Bulletin - Safeguards to provide non-binding guidance for compliance with statutory obligations to safeguard personal information. The guidance provided by the Interpretation Bulletin is timely in light of the...
|Connecticut Supreme Court Affirms No Coverage for Lost Tapes Absent Publication of Data|
Joseph F. Bermudez, Suzanne M. Meintzer; Wilson Elser Moskowitz Edelman & Dicker LLP;
May 28, 2015, previously published on May 19, 2015In Recall Total Information Mgmt., Inc. v. Federal Ins. Co., SC19201 (Conn. May 18, 2015), the Connecticut Supreme Court held that where there was no factual support that anyone ever actually accessed private information stored on lost data tapes, the policyholder’s assignee could not...
|President Obama’s New Data Privacy Agenda|
James J. Giszczak, Sara H. Jodka, Dominic A. Paluzzi; McDonald Hopkins LLC;
April 15, 2015, previously published on January 14, 2015President Obama recently spoke to the Federal Trade Commission about his privacy and data security agenda. The agenda included a series of voluntary partnerships, but the cornerstone was two privacy acts that will soon be sent to Congress: The Personal Data Notification and Protection Act and the...
|Data monetization: CPO’s new big challenge|
Chantal Bernier; Dentons Canada LLP;
April 15, 2015, previously published on January 29, 2015 What I would like to do today is facilitate a discussion among us rather than simply present. Why? Because the issue of data monetization and its privacy implications is still unfolding. So I believe it is more useful at this point for us to think about it together, than to individually propose...
|Good 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;
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,...
|Court'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;
March 31, 2015, previously published on March 12, 2015On 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...
|Privacy and Cyber Security: Summary of the Report from the Privacy Commissioner of Canada|
Roland Hung, Kevin Stenner; McCarthy Tétrault LLP;
March 26, 2015, previously published on March 4, 2015In December 2014, the Office of the Privacy Commissioner of Canada (the “Commissioner”) released a report entitled Privacy and Cyber Security: Emphasizing privacy protection in cyber security activities (the “Report”), examining the common interests and tensions between...