January 3, 2012 – 10:09 pm
The United States Court of Appeals for the Third Circuit, in Reilly v. Ceridian Corporation, 2011 U.S. App. LEXIS 24561, 3 (3d Cir., December 12, 2011), found that “allegations of an increased risk of identity theft resulting from a security breach” were insufficient to secure Article III standing. In so doing, the court affirmed the dismissal of [...]
October 24, 2011 – 7:35 am
On October 20, 2011, the United States Court of Appeals for the First Circuit issued an opinion reversing a Maine District Court’s dismissal of negligence and implied contract claims against grocer Hannaford Brothers. The underlying data breach publicly announced on March 17, 2008 by Hannaford led to a consolidated class action that was ultimately rejected in its entirety by the [...]
September 14, 2011 – 9:23 pm
On August 23, 2011, Anonymous released a video endorsing the September 17, 2011 planned “Day of Rage” occupation of Wall Street and other financial areas around the world. Specifically, in its video, Anonymous urges protesters on September 17th to “flood into lower Manhattan, set up tents, kitchens, peaceful barricades and occupy Wall Street for [...]
August 17, 2011 – 7:33 am
A detailed study regarding the impact of cybercrime on corporations was recently released by the Ponemon Institute. According to the Second Annual Cost of Cyber Crime Study, the median annualized cost of cybercrime incurred by a benchmark sampling of organizations was $5.9 million per year, with a range of $1.5 million to $36.5 million each [...]
July 5, 2011 – 6:47 am
The highly-anticipated annual Betterley Report on cyber insurance was released right before the 4th of July holiday weekend. In the free summary of the issue, there is mention of the 29 insurers now providing some form of network security and privacy insurance. Betterley projects the existing market to be in the $800 million range — [...]
May 28, 2011 – 10:59 am
On the heels of the breach that potentially exposed RSA’s source code for its SecurID tokens- the same tokens used every day by thousands of employees to access their corporate VPNs - a defense contractor acknowledged on May 27, 2011 that its network may have been compromised as an indirect result of the RSA breach. [...]
March 20, 2011 – 9:32 pm
In what has become an annual mecca for the data security industry, thousands visit San Francisco each February to attend “RSA” — a conference named after the network security company purchased by data storage firm EMC five years ago. This mega-conference caters to the security cognoscenti — as well as those who only profess to [...]
February 23, 2011 – 7:30 pm
As shown by yesterday’s press release and this morning’s email blast, OCR is certainly eager to let the world know that it just issued a Notice of Final Determination and Notice of Proposed Determination finding that Cignet Health violated the HIPAA Privacy Rule to the tune of $4.3 million dollars. According to yesterday’s Associated Press [...]
February 18, 2011 – 10:32 am
Over the years, plaintiffs’ class action counsel have utilized their jet flyover time trying to create a claims theory that would be common to any victim of a data breach event. For the reasons set forth in the first of this two-part post, theories based on a “fear of ID theft” or “lost time and [...]
February 3, 2011 – 4:12 pm
Companies looking to purchase network security and privacy insurance for the first time only need to learn a quick three-step dance. First, know that there are around 25 viable liability markets so most any company should be able to quickly get a quote that will likely have solid coverages and be reasonably priced. Although defendants [...]
