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Employer Did Not Owe Legal Duty to Protect Employees’ Hacked Personal and Financial Records

Andrew J. Ruxton | January 23, 2017 | Data Privacy

University of Pittsburgh Medical Center (UPMC) maintained a human resource database containing current and former employees’ names, dates of birth, social security numbers, tax information, addresses, salaries, and bank information. Hackers breached the database...

Trespass, Not Fraud: The Need for New Sentencing Guidelines in CFAA Cases

Orin S. Kerr | December 9, 2016 | Data Privacy, Sentencing

This article argues that the existing regime for sentencing violations of the Computer Fraud and Abuse Act (“CFAA”) is based on a conceptual error that consistently leads to improper sentencing recommendations. The Federal Sentencing Guidelines treat CFAA violations...

Data Breach Class Action Case Dismissed Against Barnes & Noble

Linn Freedman | October 17, 2016 | Data Privacy

A federal judge in Illinois dismissed the class action lawsuit filed against Barnes & Noble stemming from a data breach in 2013. The breach occurred when credit and debit card PIN pads were compromised at 63 Barnes & Noble stores. The Judge found that the...

6th Circuit Finds Breach Victims’ Heightened Risk of Harm Establishes Standing

Lara K. Forde and Elisa M. Krause | October 3, 2016 | Data Privacy

The Sixth Circuit has made it easier for victims of a data breach to proceed in court. In a case involving alleged victims of a data breach at Nationwide Mutual Insurance Company, the appellate court ruled that fear of future harm following a data breach is sufficient...

NJ Moves Forward With Shopper Privacy Bill

Hunton & Williams, Privacy and Cybersecurity Group | September 26, 2016 | Data Privacy

On September 15, 2016, the New Jersey Senate unanimously approved a bill that seeks to limit retailers’ ability to collect and use personal data contained on consumers’ driver and non-driver identification cards. The bill, known as the Personal Information and Privacy...
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