Privacy + Cyber

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Since 2014, the Department of Homeland Security (“DHS”) has been conducting tests on U.S. companies as part of a program aimed at decreasing the United States’ overall susceptibility to cyber threats and impacts.

This program is operated by the National Cybersecurity Assessment and Technical Services (“NCATS”) team, …

Former FBI Director Robert Mueller stated in 2012, “[T]here are only two types of companies: those that have been hacked and those that will be.” Since then, many diverse companies (and even the federal government) have suffered this fate. Indeed, no company or entity appears immune to the potential reputational and financial risks that follow…

Fiat Chrysler cars were the only vehicles subject to a cyber-security flaw that allowed “white hat” hackers to take control of a Jeep last July, according to the National Highway Traffic Safety Administration.  White hat hackers are computer security experts who specialize in penetration testing to ensure the security of an organization’s information systems, sometimes…

We are pleased to announce that Troutman Sanders partner Mark Mao will be a panelist at the American Bar Association Midyear Meeting in San Diego, California on Thursday, February 4 at 12:00 noon.  The State Attorneys General and Department of Justice Issues Committee will present “Cars, Cars, Cars!” to address evolving issues in car privacy,…

On January 7, the District Court for the District of Minnesota tossed a putative class action against SuperValu, Inc., finding that the plaintiffs’ claims of possible future harm were too speculative to satisfy Article III standing requirements. 

In this multi-district litigation, sixteen named plaintiffs alleged they were harmed by two 2014 data breaches …

Henry Schein Practice Solutions, Inc., the provider of leading office management software for dental practices, has agreed to pay $250,000 to settle Federal Trade Commission charges for allegedly misrepresenting the advertised level of encryption it provided to protect patient data. 

Schein sold management software, known as Dentrix G5, to dental practices.  Dentists used Dentrix G5 …

“The era of big data has arrived,” begins the Federal Trade Commission’s report released on January 6, entitled “Big Data: A Tool for Inclusion or Exclusion? Understanding the Issues.”  The report demonstrates that the FTC and industry will continue to draw lines on the use of data analytics into 2016. 

The phrase “big data,” according …

The coming year will raise many questions about how e-commerce, social media and “ad tech” may continue collecting and using consumer data. Last year, legal developments left organizations that store and collect consumer information to wonder: (1) What are the limitations of data collection on the Internet; (2) how can data be used; and (3)…

Following the Seventh Circuit’s holding that the named plaintiffs had standing to sue, Neiman Marcus has renewed its motion to dismiss the putative class action stemming from a 2013 data breach that compromised the credit card numbers of 350,000 shoppers, arguing that the plaintiffs’ amended complaint fails to state a claim for relief.

Neiman Marcus…