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 expert or team identified, steps to notify effected parties and law enforcement, and processes to remediate a breach event. The Guide also points to additional resources for breaches of electronic health information. Perhaps most helpful, the guide offers a simple template data breach notification …
Tag Archives: risk management
Supreme Court refuses to deny use of “representative evidence” to certify a class
Faced with what defense lawyers hoped would be another arrow in their quiver to fight class certification, the Supreme Court refused to slam the door on the use of “representative evidence” in proving predominance under Federal Rule of Civil Procedure 23(b)(3). Instead it held that, in certain cases, “representative evidence” – evidence representative of a large group but not necessarily of any member of the group – can be used to demonstrate class-wide liability. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146. The decision, though, should not make the plaintiffs’ bar cheer too much, or the defense bar overly weepy.…
