In February, we wrote about how the road for plaintiffs in cyber breach class actions may be getting smoother.  Since then, the U.S. Supreme Court has continued to avoid the issue of standing in data breach cases (declining to take up the issue in CareFirst, Inc. v. Attias
Continue Reading Still Standing, Part 2 – Plaintiffs Continue to Rack Up Victories in Data Breach Class Actions, and New Laws Are Coming That May Help Both Sides

On April 23, 2018, Senators Klobuchar (D-Minn.) and Kennedy (R-La.) introduced the Social Media Privacy Protection and Consumer Rights Act of 2018 (“the Act”), which was referred to the Senate Commerce Committee. Like the CONSENT Act introduced by Senators Markey (D-Mass.) and Blumenthal (D-Conn.)—discussed in detail in our
Continue Reading New Bipartisan Bill Shows Renewed Congressional Attention to Data Privacy and Security

During congressional hearings earlier this month, senators grilled Richard Smith, the former Equifax CEO, on the company’s reporting structure for cybersecurity; specifically, on the appropriateness of Equifax’s CISO reporting to the general counsel.  This has caused several companies to question their own reporting structures for cybersecurity issues.  So what is
Continue Reading After Equifax, to Whom Should the CISO Report?