Tennessee Amends Data Breach Notification Statute
4/14/16
By: Kacie Manisco and David Cole
On March 24, 2016, Tennessee Governor Bill Haslam signed into law a bill amending the state’s Data Breach Notification Statute. The amendments, which will go into effect on July 1, 2016, bring significant changes …
One Small Step for Machine, a (Potentially) Giant Leap for Insurance
3/15/16
By: Seth Kirby
In 1969 the United States successfully landed a manned spacecraft on the moon. Upon stepping on the lunar surface, Neil Armstrong commented on the momentous occasion by proclaiming that it represented a “giant leap for mankind.” It …
Can You Hear (or See) Me Now? No, and that May Constitute Spoliation
2/24/16
By: Andy Treese
The Georgia Court of Appeals recently held that a municipality may be subject to sanctions for failure to preserve audio recordings of a police pursuit when the recordings were destroyed in the ordinary course of business before …
Wendy’s Hit with EMV Related Data Breach Class Action Lawsuit
2/19/16
By: Behnam Salehi and Jonathan Romvary
A class action lawsuit has been filed against the fast food chain Wendy’s claiming it failed to adequately safeguard customer payment and other personally identifiable information (“PII”). The lawsuit also alleges that Wendy’s failed …
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…
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 …
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 …
Petitioners Submit Statements of Issues in Appeal of FCC’s TCPA Ruling
8/20/15
By: Matt Foree
As reported previously, the Federal Communications Commission (FCC) issued its Declaratory Ruling and Order (Order) regarding the Telephone Consumer Protection Act (TCPA) on July 10, 2015. That ruling was immediately appealed by several business organizations …
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 …
MasterCard and Target’s Settlement Agreement Falls Through
6/4/15
The proposed $19 million settlement between MasterCard and Target over the 2013 data breach has fallen through after not enough banks accepted the deal. Under the settlement announced last month, Target agreed to set aside $19 …
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 …
