Data Breach

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  • Technology

    Obama Administration the Target of Hackers; Former Administration Official Recipient of Subpoena Related to Cybersecurity

    The Obama Administration's handling of cyber and data security was recently brought into question due to two distinct security incidents. On the same day that a former Administration official received a subpoena related to the security of a government-run website, it was confirmed that hackers had targeted an unclassified computer network used by senior White House staff. On Tuesday, October 28, House Science, Space and Technology Committee Chairman Lamar Smith (R-TX) and Oversight Subcommittee Chairman Paul Broun (R-GA) issued a subpoena to former U.S. Chief Technology Officer Todd Park. The subpoena compels Mr. Park to appear before the Subcommittee on Oversight to answer questions regarding his role in developing and evaluating the operations and security of HealthCare.gov, the website set up for the federal health insurance exchange created by the Affordable Care Act. Recently, it was reported that HealthCare.gov had been hacked back in July 2014. Federal officials confirmed that hackers broke into part of the website and were able to upload malicious software. However, no evidence was found that consumers' personal data were taken.
  • Technology

    Cybersecurity Litigation Monthly Newsletter

    Significant Case Developments P.F. Chang’s Seeks Dismissal of Data Breach Class Actions, Arguing the Existence of an Express Contract and Lack of Damages Preclude Claims Lewert v. P.F. Chang’s China Bistro, Inc., No. 1:14-cv-04787 (N.D. Ill.). As we described in July and September, P.F. Chang’s was hit with three putative class actions following its announcement of a point-of-sale data breach. On August 29, P.F. Chang’s moved for dismissal of the first two cases, now consolidated in the Northern District of Illinois. In their complaints, plaintiffs John Lewert and Lucas Kosner alleged that by failing to safeguard customer information, P.F. Chang’s breached an implied contract and violated consumer protection laws. The plaintiffs did not bring a breach of express contract claim. P.F. Chang’s argues that the plaintiffs acknowledge the existence of an express contract by alleging that “a portion of the services [they] purchased” at P.F. Chang’s was “compliance with industry-standard measures” for data security and that they were “deprived of the full monetary value of [their] transaction.”
  • California, Federal Government

    California Amends Data Breach Notification Law, Does Not Require Mandatory Offering of Credit Monitoring

    Ed note: This post originally appeared on InfoLawGroup. California Governor Jerry Brown signed into law an amendment to California’s data breach notification law on Monday. Although at least one news outlet has reported that the law requires a company to offer credit monitoring services, this interpretation is misguided. Rather, the law only places restrictions on […]
  • In-House Counsel, Technology

    Your Client is Hacked and Personal Information is Leaked Online – Now What?

    You are general counsel to a company, and your CEO steps into your office, clutching his iPhone in one hand and wiping sweat from his brow with the other, and tells you that a compromising photograph of him was stolen from his phone and posted online. You start thinking not if, but when, shareholders will discover this embarrassment, how much it will cost the company and what legal action to take.
  • 11th Circuit, Biglaw, Dewey & LeBoeuf, Drugs, Federal Judges, Insider Trading, Judicial Nominations, Law Firm Mergers, Marijuana, Morning Docket, Privacy, Wall Street

    Morning Docket: 09.09.14

    * Mathew Martoma, the former Harvard law student who fabricated his transcript when applying for clerkships, gets nine years in prison for insider trading. [DealBook / New York Times]

    * If Bingham McCutchen moves forward on merger talks with Morgan Lewis, a bunch of Bingham partners might bail. [American Lawyer]

    * Congratulations to Judge Jill Pryor, who will join Judge Bill Pryor on the Eleventh Circuit. [Fulton County Daily Report]

    * Can you be fired for medical marijuana in Colorado, where the drug is legal even for recreational purposes? [ABA Journal]

    * Dewey have some good news for the embattled ex-leaders of the defunct law firm? [New York Law Journal]

    * Home Depot is the latest major retailer to be hit by a data breach. [Washington Post]