Like the Kubler-Ross stages of grief, there are multiple stages of data breach. Anger, denial, blame, investigation, litigation, regulation and, ultimately, resignation. This includes possible class action litigation by consumers, banks, vendors, suppliers or others...
Content By Mark D. Rasch
Cyber Insurance: Court Says a Demand for Payment Is Not a Claim
One of the more common forms of cyber-attack is that of a Business E-Mail Compromise - when the email account of either a buyer or seller (or both) is compromised by a hacker who then spoofs one or both of the parties to demand or redirect payments intended to occur...
Opting Out: New California Regulations Protect Personal Information
On March 15, 2021, the California Attorney General finalized modified regulations to the California Consumer Protection Act (the “CCPA”) that strengthen consumers’ ability to “opt out” of having their personal data collected, sold, or otherwise used. The California...
Consumer Data Privacy Act Signed by Virginia Governor
On March 2, 2021, Virginia Governor Ralph Northam signed the Commonwealth's first comprehensive data privacy law, the Consumer Data Protection Act. This makes Virginia the second state, after California, to do so. California’s Consumer Privacy Act (CCPA) amended by...
Are Courtrooms Closed to Class Action Privacy Litigation Without Proof of Harm?
By Mark Rasch & Alex Welsh In order to pursue a case in court, especially federal court, a potential plaintiff must demonstrate that they have suffered a concrete, personal, demonstrable harm. When it comes to potential class action privacy litigation, this...
Exceeding Authorized Access: Legal Use of a Work Computer
Is it legal to watch a Browns game on a work computer? On Nov. 30, 2020, the U.S. Supreme Court heard oral argument on a case involving the interpretation of the federal statute, the Computer Fraud and Abuse Act, which makes it a crime for anyone to “exceed the scope...
Social Media Wars: Section 230 & Big Tech
On Nov. 17, 2020, both Twitter’s Jack Dorsey and Facebook’s Mark Zuckerberg testified before the United States Senate Judiciary Committee on issues related to the social media sites’ actions which were decried as “censorship” by some politicians. The topic of the...
California Votes to Strengthen California Consumer Privacy Act With CPRA
On November 5th, California voters passed Proposition 24, a ballot initiative that expands consumer rights and regulatory enforcement authority under the California Consumer Privacy Act of 2018 (CCPA). The ballot initiative, titled the California Privacy Rights Act of...
Healthcare Ransomware Advisory: Imminent Cybercrime Threat
On Oct. 28, 2020, officials from the FBI and the U.S. Department of Homeland Security assembled a conference call with healthcare industry executives warning them about an “imminent cybercrime threat to U.S. hospitals and healthcare providers.” The agencies on the...
Pay a Cyber-Ransom, Go to Jail
Companies that find their files, data or networks locked by a malicious actor demanding an extortion payment now have a new worry in their incident response: The United States Department of Treasury. On Oct. 1, 2020, the Treasury Department’s Office of Foreign Asset...