Litigation and legal developments concerning data breaches.
“Telecom companies told the U.S. Court of Appeals for the Sixth Circuit Monday that new Federal Communications Commission data breach rules are too similar to ones nixed by Congress in 2017.” Broadband Breakfast reports: “Congress disapproved the FCC’s earlier 2016 Reporting Rule, and the FCC all but admits that the two rules are nearly identical. […]
Risky Biz News reports: The FTC has fined security camera firm Verkada $2.95 million for failing to implement cybersecurity measures to protect its systems. The fine is related to a March 2021 security breach when a hacker accessed customer data and video footage from over 150,000 Verkada cameras. The hacker used the cameras to access and leak footage from psychiatric hospitals, […]
Lawsuits often follow a healthcare data breach, but understanding what drives litigation trends can help healthcare organizations prepare. Jill McKeon explains: When a healthcare data breach occurs, lawsuits filed by affected individuals often follow. In fact, data breach lawsuits are on the rise across all industries, according to a 2024 report from law firm BakerHostetler. In 2023, the firm handled more […]
It’s been a rough time for federal agencies. First the Supreme Court undid 40 years of Chevron deference. Now a federal judge has gutted the Security and Exchange Commission’s lawsuit against SolarWinds. Reuters reports: A U.S. judge dismissed most of a Securities and Exchange Commission lawsuit accusing software company SolarWinds (SWI.N), opens new tab of defrauding investors […]
Occasionally, a business giant with the funds to fight the government will challenge a federal agency’s enforcement action. This time, it is MGM taking on the FTC. Law.com reports: The Federal Trade Commission this week defended its investigation of MGM Resort International’s data security practices as the Las Vegas-based casino is seeking a court order […]
The Supreme Court issued a decision today that could limit federal agencies attempting to impose fines for data security violations or breaches. Although the decision in Securities and Exchange Commission v. Jarkesy did not involve data security or a data breach, the issue before the court involved the agency’s authority to charge someone with a violation […]
Courthouse News reports that the Supreme Court has agreed to review a Ninth Circuit decision that revived a shareholder’s lawsuit against Facebook that stemmed from the Cambridge Analytica breach. The Supreme Court agreed on Monday to review whether shareholders can revive a lawsuit accusing Facebook of misleading them about the risk associated with user data […]
Linn Foster Freedman of Robinson + Cole notes that Tennessee Governor Bill Less has signed legislation into law that will shield private entities from class action lawsuits stemming from cybersecurity incidents unless the event was caused by willful, wanton, or gross negligence. The bill amends TCA Title 29 and Title 47. Freedman comments: This bill […]
On May 21, 2024, the U.S. Securities and Exchange Commission (“SEC”) published interpretive guidance on reporting material cybersecurity incidents under Form 8-K. Lawyers at Hunton Andrews Kurth comment: Since December 18, 2023, when the SEC’s rules for reporting material cybersecurity incidents under Item 1.05 on Form 8-K took effect, we have identified 17 separate companies that have made disclosures under […]
Federal Court Rejects Motion to Dismiss Wiretap Claims Using HIPAA to Support Crime-Tort Exception Allegations
If you feel like you need an explanation of the headline, you are not alone. But BCLP explains the concept and court decisions: It has now become commonplace for Plaintiffs’ attorneys to bring claims alleging that routine marketing techniques, including the deployment of behavioral advertising cookies and pixels, constitute wiretaps in violation of state and […]