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|The Most Hackable Month of the Year: Steps Companies Can Take to Protect Themselves from Data Breaches|
Kirsten Thompson; McCarthy Tétrault LLP;
January 16, 2015, previously published on November 28, 2014In a few short days it will be Cyber Monday, the kickoff to the financial madness that is the holiday shopping season. For cybercriminals and fraudsters, December represents the mother lode of hackable data.
|Issuer Banks’ Claims in Target Data Breach Litigation Survive Motion to Dismiss|
Kevin M. McGinty; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
January 16, 2015, previously published on December 4, 2014Federal District Judge Paul Magnuson has ruled that banks that issued credit and debit cards to customers whose data was stolen in the December 2013 Target data breach could continue to litigate claims against Target for negligence and violation of Minnesota’s Plastic Security Card Act...
|Risky Business: BLG Sees Cyber Risks Underlining Challenges to Canadian Businesses|
Eusis Dougan-McKenzie; Borden Ladner Gervais LLP;
January 16, 2015, previously published on December 16, 2014Toronto (December 16, 2014) — Cyber risks will be a dominant issue for Canadian businesses in 2015, according to Borden Ladner Gervais LLP (BLG) in its 2015 Top 10 Business Risks report. Following a Statistics Canada report that 14 per cent of large enterprises experienced an Internet...
Matthew D. Lawless; Taft Stettinius & Hollister LLP;
|More Than Just Spam: CASL's Transmission Data and Computer Software Installation Rules in Effect Soon|
Kelly Friedman; Davis LLP;
January 13, 2015, previously published on November 17, 2014Canada’s Anti-Spam Legislation (CASL) came into effect on July 1, 2014, and many organizations have put measures in place to comply with its rules on sending commercial electronic messages.
|Alberta's Personal Information Protection Act: Supreme Court Grants Time Extension to Alberta Government to Make Amendments|
Craig Brusnyk, Tamara Hunter, Matylda Makulska; Davis LLP;
January 12, 2015, previously published on November 10, 2014On November 15, 2013, the Supreme Court of Canada unanimously held that Alberta’s Personal Information Protection Act (“PIPA”) infringed on the right of freedom of expression in the Canadian Charter of Rights and Freedoms by limiting the ability of labour unions to videotape and...
|Privacy Groups Tells FTC That Topps’ Ring Pop Contest Violated COPPA|
Adam Z. Solomon; Olshan Frome Wolosky LLP;
January 12, 2015, previously published on December 10, 2014On December 9, 2014, a coalition of privacy groups asked the Federal Trade Commission to investigate and take enforcement action against the Topps Company for violating the Children’s Online Privacy Protection Act (“COPPA”).
|Improving Cybersecurity Against Data Breaches: How Information Governance Paves the Way|
Kelly Friedman; Davis LLP;
January 12, 2015, previously published on November 18, 2014The issue of data breach is not exactly new, but in the past it has been relegated to a niche corner of information technology. Increasingly, however, cybersecurity is becoming a critical priority for businesses as a recent surge of high-profile data breaches hitting victims such as Sony, Target,...
|Recent HIPAA Decisions Suggest State Courts May Look to Federal Regulations to Define Negligence in the Data-Security Context|
Marcus A. Christian, Zachariah J. DeMeola, Evan M. Wooten; Davis LLP;
January 12, 2015, previously published on December 23, 2014A recent decision of the Connecticut Supreme Court signals a growing trend in Health Insurance Portability and Accountability Act (HIPAA) jurisprudence that could prove significant in the broader data-security context.
Although HIPAA contains no private right of action and preempts contrary...
|A Fresh Crop of California Data Privacy Laws|
Julian M. Dibbell, Lei Shen; Davis LLP;
January 12, 2015, previously published on December 23, 2014California recently enacted three bills that expand the state’s online privacy and data security laws. The changes include an expansion of California’s existing data breach law, protections for the personal data of K-12 students and a new law giving minors a limited “right to be...