AI class action knocks on California court’s door
4/10/24
The first Artificial Intelligence (AI) class action litigation in California courts was filed in Alameda Superior Court on March 28, 2024. The class filed a complaint against Blue Shield of …
Category: Cyber, Privacy, & Security
3/28/24
From “PenTrap” registry to 1988 video record protection laws, plaintiffs are becoming more creative than ever applying old laws and legal theories to new technologies. As recent as March 13th, California courts took …
3/25/24
By: Julia N. Bover
You may have heard that Change Healthcare, a subsidiary of UnitedHealth Group, experienced a major ransomware attack late last month. The company, which is responsible for handling the prescription billing of more than …
Combating FraudGPT: new guidance to healthcare providers
2/8/24
By: Alexia R. Roney
To combat phishing attacks supercharged by AI, the Health Sector Cybersecurity Coordination Center (HC3) has provided guidance to the healthcare industry through its white paper, “AI-Augmented Phishing and the Threat to the Health …
12/27/23
By: Amy Frantz, Michael Sanders, Patrick Eckler, and Jonathan Schwartz
On December 19, 2023, the Illinois Appellate Court, First District unanimously held the insurers in National Fire Insurance Co. v. Visual Pak Co. Inc. have no duty to defend their …
12/18/23
By: Gaia T. Linehan
Healthcare providers, health plans, and healthcare clearing houses are subject to the HIPAA Privacy and Security Rules. As such, they are required to notify patients and file data breach reports with the United …
Illinois Appellate Court decides issue of first impression in data breach case
10/12/23
By: Donald Patrick Eckler and Adelaide Bell
In a matter of first impression, the Illinois Appellate Court has decided what is sufficient to have standing to pursue a data breach lawsuit under Illinois law. In Flores v. …
10/4/23
By: Donald Patrick Eckler and Joshua W. Zhao
Is a statutory violation alone sufficient to satisfy the “injury in fact” requirement of standing outside the context of the Illinois Biometric Information Privacy Act (BIPA)? …
We Do Not Negotiate With Terrorists – How Several States are Prohibiting Ransomware Payments
9/28/23
In 2022 in the United States, 106 local governments, 44 universities and colleges, 45 school districts operating 1,981 schools, and 25 healthcare providers operating 290 hospitals, disclosed they were victimized by ransomware attacks. In recent …
Summer Cyber & Privacy Round-Up
8/24/23
By: Nicholas Jajko
2023 has been a busy year for data privacy regulation, with the passage of privacy laws in six new states (Indiana, Iowa, Montana, Oregon, Tennessee, and Texas). Other developments are also worth spotlighting for current and prospective …
Eleventh Circuit holds one text message sufficient to establish standing in robocall case
8/21/23
By: Matthew N. Foree
Article III of the Constitution limits federal-court jurisdiction to actual cases or controversies. Generally, for there to be a case or controversy capable of resolution, the plaintiff must have a personal stake in …
5/30/23
By: Julia Bover
There is no denying that social media is top of mind for most of our nation’s youth. If they are not scrolling through the endless feeds, then they are thinking about the next time they will be. …