Blog Archives

Technical FACTA Violation Insufficient to Confer Standing

A federal court in Texas cut short a putative class action alleging violation of the truncation requirement under the Fair and Accurate Credit Transactions Act (FACTA), sending a clear message to plaintiffs that minor inconvenience flowing from a procedural violation

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Posted in Litigation, Privacy

Updated SEC Guidance Highlights Importance of Solid Cybersecurity Policies and Procedures

The Securities and Exchange Commission (“SEC” or “Commission”) has given public companies a heads up on where the Commission is setting its sights in the ever-developing world of cybersecurity. Here’s what you need to know, and what you need to

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Posted in Data Security, Privacy, Regulations

EU’s New Privacy Law—What You Need to Know

The European Union (EU) Parliament’s new data privacy law, known as the General Data Protection Regulation (GDPR), is set to become enforceable in all EU member states on May 25, 2018, just six months from now. The GDPR replaces the

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Posted in Data Security, Privacy, Regulations, Standards

Cybersecurity Best Practices — How General Counsel Can Prepare For The Worst

Take note GCs: The question is not if you will have to respond to a cybersecurity incident—the question is when. That was the message from speakers and panelists at the Association of Corporate Counsel’s annual meeting this year. Indeed, the

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Posted in Data Breach, Data Security

Financial Services Committee Rounds Out Equifax Hearings

The House Financial Services Committee this morning rounded out a full week of congressional hearings for former Equifax CEO Richard Smith. Chairman Jeb Hensarling (R-TX) reiterated his earlier calls for national standards for data security and breach notifications. Ranking Member

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Posted in Cyber crimes, Cyberattack, Data Breach, Data Security, Legislation, Privacy

Equifax Hearings – Round Three

Richard Smith, former Chairman and CEO of Equifax, faced his third congressional hearing in two days, appearing this afternoon before the Senate Judiciary Committee’s Privacy, Technology, and the Law Subcommittee to discuss the recently revealed Equifax data breach and efforts

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Posted in Cyber crimes, Cyberattack, Data Breach, Data Security, Legislation, Privacy

Equifax Hearings Continue on the Hill

Former Equifax chief Richard Smith returned to Capitol Hill for a second day of congressional hearings into his company’s data breach, this time appearing before the Senate Banking, Housing, and Urban Affairs Committee. Committee Chairman Mike Crapo (R-ID) characterized the

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Posted in Cyber crimes, Cyberattack, Data Breach, Data Security, Litigation, Privacy

House Holds Hearings on Equifax Breach

The House Committee on Energy and Commerce’s Subcommittee on Digital and Consumer Protection held the first in what will be a series of Congressional hearings on the recently revealed data breach at major credit agency Equifax. Former CEO of Equifax

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Posted in Cyberattack, Data Breach, Data Security, Legislation, Privacy, Regulations

Coca-Cola Dodges Privacy Class Action

Coca-Cola won big last month when it secured summary judgment in a privacy class action brought by a former bottling plant employee concerning compromised personal information. Hon. Joseph Leeson of the Eastern District of Pennsylvania found that Coca-Cola was not

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Posted in Data Breach, Data Security, Litigation, Privacy

Fourth Circuit To Plaintiffs: “Could” Isn’t Enough For Standing

A split continued to develop in the federal courts last month as the Fourth Circuit denied Article III standing to the plaintiffs in a data breach case whose alleged injuries were limited to the increased risk of future identity theft

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Posted in Data Breach, Litigation
About Cyber Law Monitor
In the new digital world, individuals and businesses are almost entirely dependent on computer technology and electronic communications to function on a daily basis. Although the power of modern technology is a source of opportunity and inspiration—it also poses huge challenges, from protecting privacy and securing proprietary data to adhering to fast-changing statutory and regulatory requirements. The Cyber Law Monitor blog covers privacy, data security, technology, and cyber space. It tracks major legal and policy developments and provides analysis of current events.
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