On April 27, 2015, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) announced that Cornell Prescription Pharmacy (“Cornell Pharmacy”) had entered into a resolution agreement to settle, without an admission of liability or wrongdoing,…
Blog Archives
Connecticut Supreme Court Likely To Affirm Personal Injury Coverage For Data Breach Requires Actual Publication To Third Parties
The Connecticut Supreme Court heard oral arguments Monday April 27th on an appeal testing the scope of coverage afforded for a business’s data loss or theft events under its Commercial General Liability insurance’s “Personal Injury” coverages. Based on the Justices’…
Middle District of Pennsylvania Dismisses Data Breach Class Actions for Lack of Standing
Yet another federal judge has concluded that an individual whose personal information was allegedly accessed during a data breach lacks standing to sue unless and until there has been a misuse of that personal information or such misuse can be…
Posted in Data Breach, Litigation
Another Health Plan Hit By Massive CyberAttack and Class Actions Follow
Coming fresh off the heels of the Anthem data breach Premera Blue Cross announced on March 17th that it was the victim of a “sophisticated” cyberattack that may have exposed the personal information of approximately 11 million of its members. Premera has approximately…
No Standing for Data Breach Plaintiffs in Southern District of Texas Class Action
Earlier this month, a Texas federal judge rejected a data breach plaintiff’s claim of a relaxed standard for Article III standing based on the “heightened risks” posed by potential identity theft and security fraud. The court ruled that despite the…
Posted in Data Breach, Litigation
Cyber Attackers Reach Anthem, Health Care Providers Seen As Vulnerable
Anthem, one of the nation’s largest health insurers, announced last Wednesday that it had been attacked by cyber hackers and that personal information for as many as 80 million individuals had been compromised. Cyber attacks and data breaches are now…
Time to Get Rid of Those Post-it Notes with All Your Passwords!!!
Cozen O’Connor’s Health Law Informer recently ran a timely piece that should be of interest to everyone. The article describes a new law signed by New Jersey Governor Chris Christie requiring health insurance carriers to encrypt or otherwise secure computerized…
Data Breach Plaintiff Given Second Chance to Certify Class Action Suit
Recently, the Pennsylvania Superior Court ruled in favor of data breach plaintiff Avrum Baum, giving him a second chance to certify a class action suit against Keystone Mercy Health Plan. Baum brought suit against the insurer and its affiliate, AmeriHealth…
Posted in Data Breach
California Health Care Providers Successfully Ward Off Data Breach Lawsuits
In a pair of recent cases, two California health care providers successfully warded off lawsuits arising from unauthorized data breaches of patient files. These cases illustrate that improper disclosure of electronically stored personal information is an increasing concern for the…
Posted in Data Breach, Privacy
New Executive Order Seeks to Improve Security of Consumer Financial Transactions
The Obama Administration is taking new steps aimed at improving the security of consumer financial transactions. Specifically recognizing that identity crimes, including credit card fraud, are a risk to U.S. economic activity, President Barack Obama issued an executive order on…
