Tag Archives: Data Breach

Seventh Circuit Denies Neiman Marcus’ Rehearing of Data Breach Class Action.

29 Tuesday Sep 2015

Posted by in 7th Circuit Court of Appeals, Appellate Law, Computer Forensics, Computer Virus, Cybersecurity, Identity Theft, Malware

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Seventh Circuit Denies En Banc Review For Data Breach Class Action, Privacy & Information Security Law Blog posted by Hunton and Williams

https://www.huntonprivacyblog.com/2015/09/29/seventh-circuit-denies-en-banc-review-for-data-breach-class-action/

Plaintiffs, Neiman Marcus cardholders, brought a class action against the store for damages caused by a 2013 data breach. Hackers accessed customers’ credit and debit cards, as well as other personal information. The Northern District of Illinois, Eastern Division, ruled that the individual Plaintiffs and the class action against Neiman Marcus lacked standing under Article III of the Constitution.

Plaintiffs appealed to the United States Court of Appeals for the Seventh Circuit. The link takes you to the Seventh Circuit’s opinion explaining how Plaintiffs prevailed and why it reversed and remanded the case. Neiman Marcus filed for rehearing. The Seventh Circuit followed its usual habit, and denied it.

The Seventh Circuit’s analysis of its reasons ruling that Plaintiffs had met the three requirements for Article III standing is well worth the read. An added bonus is the link to the 2014 edition of The Practitioner’s Handbook for Appeals to the United States Court of Appeals for the Seventh Circuit, -CCE

Would You Report A Data Breach At Your Law Firm?

10 Friday Apr 2015

Posted by in Cybersecurity, Discovery, E-Discovery, Law Office Management, Legal Ethics, Legal Technology

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Has the Law Firm Holding Your Data Ever Suffered a Breach? You May Never Know: eDiscovery Trends, by Doug Austin, eDiscoverydaily Blog

http://tinyurl.com/lruvc2j

In February, we discussed a report about data breach trends in 2014 and how those trends compared to data breaches in 2013. That report provided breach trends for several industries, including the healthcare industry, which suffered the most breaches last year (possibly because stolen health records are apparently worth big money). But, according to a recent report, you won’t see any trends for law firms because the legal profession almost never publicly discloses a breach. . . .

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Westlaw Public Records Database Breached. Who Is Affected?

16 Sunday Nov 2014

Posted by in Cybersecurity, Encryption, Identity Theft, Legal Technology, Privacy, References, Research, Westlaw

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Westlaw Discloses Breach Of Public Records Database, by Sabrina I. Pacifici, BeSpacific Blog

http://tinyurl.com/pffqhny

News release: ‘West Publishing Corporation, a unit of Thomson Reuters, has notified the New Hampshire Attorney General’s Office of a breach involving their Westlaw subscription-only public records database. In a letter dated November 4th to those affected, Senior Vice President Andy Martens explained that on October 14, they detected unusual search activity. Investigation revealed that some subscribers’ passwords had been compromised and used to access the database. The types of information involved included addresses, date of birth, and in some cases, driver’s license numbers and Social Security numbers. No bank account or credit card information was involved. In response to the breach, West removed external access to full sensitive identifiers in public records, forced a password reset on all public user accounts, and implemented  additional technological controls to detect and respond to searches of more limited public records that also appeared unauthorized. Federal law enforcement was also contacted. West offered those affected two years of free credit monitoring with Experian ProtectMyID Elite. Nine NH residents were notified. The total number of individuals notified was not indicated in their report to New Hampshire.’

A Double Treat – Two-Part Posts On Cybersecurity and Outsourcing From Ralph Losey.

19 Monday May 2014

Posted by in Computer Fraud and Abuse Act, Computer Virus, Confidentiality, Document Retention, Emails, Encryption, Heartbleed, Law Office Management, Legal Ethics, Legal Technology, Malpractice, Malware, Technology, Technology, Trojans

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The Importance of Cybersecurity to the Legal Profession and Outsourcing as a Best Practice – Part One, by Ralph Losey, e-Discovery Team®

http://tinyurl.com/oalblet

and,

The Importance of Cybersecurity to the Legal Profession and Outsourcing as a Best Practice – Part Two, by Ralph Losey, e-Discovery Team®

http://tinyurl.com/mjek896

It is worth taking the time to read the Comments for both Part One and Part Two. -CCE

Senate Report on Target’s 2013 Data Breach.

30 Sunday Mar 2014

Posted by in Consumer Law, Government

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Senate Staff Report Details Target’s Missed Opportunities to Stop Massive Data Breach, by Sabrina I. Pacifici, beSpacific Blog

http://tinyurl.com/qekhb7t

‘Chairman John D. (Jay) Rockefeller IV released a staff report titled, “A ‘Kill Chain’ Analysis of the 2013 Target Data Breach.’ The report details how Target possibly failed to take advantage of several opportunities to prevent the massive data breach in 2013 when cyber criminals stole the financial and personal information of as many as 110 million consumers.  Rockefeller will formally introduce the report tomorrow when he chairs his third full Committee hearing on data security. The hearing, titled, ‘Protecting Personal Consumer Information from Cyber Attacks and Data Breaches’, explored the dangers to consumers posed by recent data breaches. The Chairman highlight[ed] legislation he recently introduced, the Data Security and Breach Notification Act, that would – for the first time – establish strong, federal consumer data security and breach notification standards.’

Target Update: Affected Customers Now 110 Million and May Still Go Up.

11 Saturday Jan 2014

Posted by in Consumer Law, Recent Links and Articles

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Target: Hacking Hit Up To 110 Million Customers, by Katrina Lamansky, WQAD.com

http://tinyurl.com/pssy2r5

People who shopped at Target following Thanksgiving have already heard that their personal information was hacked. But now it is clear that Target was actually hacked much earlier than originally reported.

This morning, the reported number of customers affected was around 40 million. Now the reported number is 100 million, and Target is not sure how high the number will go.

Target will try to contact all affected customers. Be cautious. Contacts from Target will not request any personal information. Target is also offering a program of free credit monitoring and identity theft protection. You will have three months to enroll in that program.

Target says that it does not think the thieves can access anyone’s bank account, but hacked customers are at risk for identity theft. -CCE