On November 13, 2015, an administrative law judge (“ALJ”) ruled against the Federal Trade Commission (“FTC”) in its high-profile data security case against LabMD. The ALJ ruled that the FTC had failed to show that LabMD’s conduct had caused harm…
Yearly Archives: 2015
FTC Loses in LabMD Data Security Case: ALJ Sets High Bar for Consumer Harm
Tagged with: breach, cyber security, data breach, ePHI, file sharing, FTC, HHS, OCR, peer-to-peer, risk assessment, safeguards, security practices, unfair act or practice
Posted in Data Breach, Data Security, FTC, HIPAA, Litigation
Posted in Data Breach, Data Security, FTC, HIPAA, Litigation
The Elephant in the Room – Catastrophic Property Damage from a Cyber Attack
Much of what we discuss in this blog relates to the loss of information and the legal and regulatory framework that exists to address individual privacy concerns following a data breach. However, as our colleague Dick Bennett points out in…
Life After Death (of Safe Harbor) – EU Data Protection in the Wake of Schrems
One month after the landmark decision in Schrems vs. Data Protection Commissioner (C-365/14), the European Commission (Commission) has issued guidelines, in the form of a Communication, regarding the transfer of personal data from the EU to the U.S. As we…
Pennsylvania Federal Court Finds Standing in Data Breach Class Action
The debate over standing in data breach litigation is gaining more attention lately. While many courts have hesitated to find standing prior to lost personally identifiable information (PII) actually being misused, the U.S. District Court for the Eastern District of Pennsylvania recently…
Posted in Data Breach, Litigation
The End of Safe Harbor – What Does it Mean?
This past Tuesday, in the groundbreaking decision of Schrems vs. Data Protection Commissioner (C-362/14), the Court of Justice of the European Union (CJEU) invalidated the Safe Harbor provision of the EU Commission, 2000/560C/EC. The Safe Harbor program was the easiest…
Insider Trading Hack was Cinematic in Scope
The U.S. Department of Justice announced indictments in Brooklyn and New Jersey last month of 32 people for fraudulently obtaining inside information and then using that knowledge to make millions in the market, in the “largest scheme of its kind…
U.S. Appeals Court Upholds the FTC’s Authority to Police Cybersecurity Practices
In a highly anticipated and precedential opinion issued earlier this week, the Third Circuit Court of Appeals upheld the FTC’s authority to regulate corporate cybersecurity. The decision in Federal Trade Commission v Wyndham Worldwide Corp et al., addressed whether the FTC has…
Ashley Madison Reveals Even More: Hacking May Be An Inside Job
In recent years, hacking has infiltrated the retail industry. Hacking has infiltrated the healthcare industry. Hacking has infiltrated the sports industry. And now, hacking has now infiltrated the most personal (some would say immoral) activities we engage in on the Internet. Last week,…
Who’s on First? And Who Stole a Base?
America’s oldest pastime has had a series of tech problems lately, ranging from the humorous to the scandalous. In a recent game, the Philadelphia Phillies could not call the bullpen for a new pitcher because the phone was off the…
Posted in Cyberattack, Social Media
Pennsylvania Court Dismisses Data Breach Claims
In 2014, the University of Pittsburgh Medical Center’s computer system was hacked, resulting in the disclosure of sensitive personal information of current and former employees, including names, addresses, birthdates, social security numbers and banking account numbers. Allegedly, the stolen information…
