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Tag Archives: data breach

Still need a data breach response plan? The FTC offers a guide to help.

By Porter Wright on
If you have not yet developed a data breach response plan, the FTC has stepped in to help. The FTC has prepared a guide, a short video and a corresponding segment on its business blog to help businesses prepare for data breach events. The guide and video provide key considerations, including having your computer forensic … Continue Reading

Consumer data breaches

By Jay L. Levine and Porter Wright on
What happens if your personally identifiable information is stolen, but no harm has come to you…yet? Do the eyes of the court feel that simply the fear of harm warrants relief? Jay and Ryan Graham discuss the differing decisions to date and how things may evolve in the future.… Continue Reading

Are data breaches covered under insurance policies?

By Jay L. Levine on
In defending against a class action case where patient information was found online for months without being secured, the insurance company was found to have a duty to defend the defendant, who held an insurance policy that covered the publication of patient information. The case, Travelers Indemnity vs. Portal Healthcare, is important because it’s one … Continue Reading

Health care data breaches – inevitable, but you can minimize the damage

By Jay L. Levine and Porter Wright on
Data breaches in health care can be the most devastating, both to the consumers whose personally identifiable information was exposed, but also to the institutions that possessed this sensitive data. In this podcast Jay and Christina Hultsch review the various issues surrounding such data breaches, including when to review data security policies, how to prepare … Continue Reading

FTC chief administrative law judge: No harm, no foul

By Jay L. Levine and Porter Wright on
In a long awaited decision, the FTC’s chief administrative law judge (ALJ) ruled against FTC staff and held that LabMD did not violate Section 5 of the FTC Act by not reasonably securing customer data. The basis for the decision was that staff could not prove that customers would suffer “substantial injury” from LabMD’s data … Continue Reading

Third Circuit’s Wyndham decision – Part two

By Jay L. Levine and Porter Wright on
So what did the Third Circuit hold in FTC vs. Wyndham and what does the decision really mean? Jay and Ryan continue their discussion of the Third Circuit’s decision and give you some key takeaways on what this means for companies that collect personally identifiable information.… Continue Reading

Third Circuit’s Wyndham decision – Part one

By Jay L. Levine and Porter Wright on
In part one of this two part series, Jay is joined by Ryan Graham, a colleague at Porter Wright and former FBI analyst, to discuss the Third Circuit’s decision in FTC vs. Wyndham. Ryan and Jay discuss generally the various agencies who have authority over data security and the challenges facing companies who have experienced … Continue Reading

Managing post-data breach litigation just got harder

By Jay L. Levine on
Data breaches are messy stuff, no doubt about that. They consume a huge amount of corporate resources, damage a company’s goodwill and can cost a lot of money. No real news there. And while the technological challenges in preventing, and responding to, data breaches are ever-changing – fueling the booming cybersecurity industry – the corporate … Continue Reading
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