Hackers, Viruses, and Spies, Oh My: The Race to Deliver the First Covid-19 Vaccine Fuels Cyber Espionage
12/16/20
By: Isis Miranda
Cyber spies have targeted pharmaceutical companies and universities working to develop a Covid-19 vaccine in attempts to steal trade secret information. These sophisticated hacking groups have recently added new targets – organizations expected to distribute the vaccines, …
South Dakota Introduces Data Breach Notification Legislation
2/14/18
By: Kacie L. Manisco
On January 23, 2018, South Dakota’s Senate Attorney Judicial Committee unanimously voted in favor of introducing data breach notification legislation. Senate Bill 62 would require an “Information Holder,” i.e., a person or business conducting business in …
FTC Finds Data Security Practices Unreasonable, Even Without Evidence of Unauthorized Access
9/30/16
By: Matt Foree
Recently, the Federal Trade Commission (“FTC”) issued a significant decision in which it held that LabMD, a former clinical laboratory, engaged in “unfair” practices in violation of Section 5 of the FTC Act because it failed to …
Sixth Circuit Becomes Latest Court to Find Standing in a Data Breach Lawsuit
9/23/16
By: David Cole
The majority of lawsuits filed by consumers over data breaches in recent years have been successfully defended by arguments that the plaintiffs lacked standing to bring the lawsuit. To have standing, a plaintiff must be able to …
Sprouts Farmers Market Faces Class Action Lawsuit After Falling Prey to Phishing Scam
5/24/16
By: Kacie Manisco
Sprouts Farmers Market, Inc. is one of the latest companies to fall prey to the recent series of phishing scams targeting employee W-2 data. As a result, the company has found itself defending against a class action …
IRS Says Identity Theft Protection is No Longer Taxable
1/22/16
By: David Cole
The Internal Revenue Service (IRS) recently announced that it will treat identity theft protection as a non-taxable, non-reportable benefit, even when offered proactively before any data breach, and regardless of whether it is offered by an employer …
The Wrong Way to Respond to a Data Breach
11/5/15
By: Dave Cole
In a recent interview with Entrepreneur Magazine, the former general counsel for the National Security Agency shared his top three mistakes that businesses make when responding to a data breach. You can read the complete article here…
Data Breaches Expected to Fuel D&O Claims Premised on Inadequate Board Oversight Over Cyber Security Risks
10/30/15
By: John Goselin and Mike Wolak
With the recent filing of a shareholder derivative action against several directors and officers of The Home Depot following the company’s severe data breach in 2014, questions concerning the adequacy of board oversight over …
Third Circuit Affirms FTC’s Authority Over Data Security: Decision Underscores Need for Cyber Policies and Procedures
8/27/15
By: David Cole
This week, the U.S. Court of Appeals for the Third Circuit released its much-anticipated decision in Federal Trade Commission v. Wyndham Worldwide Corporation, unanimously upholding the FTC’s authority to regulate businesses’ data security practices under Section …
FMG Cyber Toolkit Now Available to Help Prevent Data Breaches and Reduce Costs
7/31/15
By: David Cole
FMG is pleased to announce the availability of a new FMG Data Breach Toolkit. The toolkit consists of policy and form documents intended to provide your organization with everything it needs from a document standpoint to help …
DOJ Issues Guidance for Best Practices Before, During, and After a Data Breach
5/19/15
By David Cole
In response to the increasing number of data breaches around the county, and the public attention being given to them, the Department of Justice (DOJ) recently issued a guidance document intended to help organizations prepare for and …
Data Breach Rising Liability Concern For Businesses
9/11/12
By: Kelly Morrison
Data breaches and technology-related legal claims against companies, along with their officers and directors, are increasing. As this is a developing area of the law, awareness of the risk and associated liabilities are a weak point for …