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September 2018 Was a Busy Month for Data Privacy

September 2018 was a busy month for data privacy. We expect the next several months to be extremely active as well, especially with the number of new complaints and data breach notices filed in Europe since May. We will continue to monitor and update developments as the data privacy framework continues to evolve.

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GDPR - 90 Days Later

It has been a little more than 90 days since G-Day (May 25) and there has been a lot to talk about regarding the implementation of GDPR.

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GDPR: Less Than 100 Day and Counting to "G-Day" - Here's What You Need to Know

G-Day is May 25, 2018, the day when the European Union’s General Data Protection Regulation (“GDPR) is set to go into effect.  Even though the Regulation has been approved and available for review for more than a year, most companies are still working to determine whether GDPR applies and, if so, how to become GDPR compliant.  The litigators from KMK’s Cybersecurity and Privacy Team have prepared a Legal Alert which helps companies answer both questions. 

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SEC Issues Guidance on Cybersecurity Disclosures

On February 20, 2018, the Securities and Exchange Commission (SEC) issued interpretive guidance to assist public companies in preparing disclosures about cybersecurity risks and incidents. This guidance indicates that the SEC is expecting more robust cybersecurity-related disclosures in the filings of public companies and encourages companies to implement comprehensive cybersecurity policies and procedures.

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New D.C. Circuit Ruling Finds Substantial Risk of Harm Inherent to Data Breach

Last week, the D.C. Circuit joined an increasing number of federal courts applying a broad interpretation of the degree of harm required to satisfy Article III standing and expanding the holding of last summer’s Spokeo, Inc. v. Robbins, 136 S. Ct. 1540 (2016).

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Target Class Action Settlement Temporarily Upended

Last week, the Eighth Circuit Court of Appeals rejected the district court’s approval of the class action settlement in the Target data breach litigation. See In re Target Corp. Customer Data Sec. Breach Litig., 2017 U.S. App. Lexis 1767 (8th Cir. Feb. 1 2017). 

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Spokeo Continues to Divide the Lower Courts in Cybersecurity Litigation

Two decisions last week further widened the divide among the Courts of Appeals in applying Spokeo in cybersecurity litigation.

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Cyber Breach Incident Notification Guidelines Ahead

The U.S. Computer Emergency Readiness Team (US-CERT) is implementing new reporting requirements beginning April 1, 2017, and just released new guidelines to help federal departments and agencies; state, local, tribal, and territorial government entities; information sharing and analysis organizations; and foreign, commercial and private-sector organizations submit incident notifications to the federal government.

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CyberSecurity News: Spokeo, Galaria and Braitberg

Two Courts of Appeals have issued decisions during the past week related to cybersecurity and data retention which anyone who maintains electronic data and personal information should read.

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Privacy Class Action Dismissed Under Spokeo

As we recently touched on at the KMK Cybersecurity Seminar, lower courts are beginning to apply Spokeo Inc. v. Robins as defendants renew challenges to class certification. 

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CONTACT:

This blog is devoted to cybersecurity and privacy related issues. Our interdisciplinary group of attorneys with corporate, insurance coverage/risk prevention, information governance, labor & employment, HIPAA, employee benefits, and litigation experience, will discuss best practices for protecting your organization against data breaches and cyber attacks as well as recent developments in litigation and federal and state regulations.

Blog Contacts:  
Joe Callow, Litigation Partner
jcallow@kmklaw.com or 513.579.6419

Rob Lesan, Business Representation & Transactons Partner
rlesan@kmklaw.com or 513.579.6939

 

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