The Eleventh Circuit Finds that Potential Future Misuse of Personal Information Does Not Confer Article III Standing in Data Breach Suits

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On February 4, 2021, the Eleventh Circuit Court of Appeals issued a critical opinion addressing Article III standing in private data breach actions, which has been the subject of a closely watched circuit split.

The case, Tsao v Captiva MVP Restaurant Partners LLC, originated in the District Court for the Middle District of Florida where the plaintiff filed a class action complaint against the restaurant chain PDQ in connection with a May 2017 data breach. Following the breach, PDQ posted a notice to customers regarding the breach, explaining that customers’ names, credit card numbers, card expiration dates and CVVs may have been exposed.

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IT Security Trends in the Era of COVID: Our Top Five Tips for Making Your Network Safer in 2021

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As the COVID era drags on, it is clear that work life “post-COVID” may be very different from life “pre-COVID.” This is especially true as it relates to IT security. More and more employees have shifted to a telecommuting work model, and for many businesses that may be the case for an indefinite period of time. This raises important questions as to which security improvements or other changes IT departments need to make in 2021 to keep their businesses and client data safer from cyberattacks.

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Cyber Attackers Threaten COVID-19 Vaccine Distribution Chain

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As COVID-19 vaccine approvals and eventual distribution kicks into high gear, there has been a corresponding – and not particularly surprising – increase in cyber threat activity targeting both vaccine producers and other companies involved in the vaccine distribution chain. Most notably, “cold chain” companies responsible for safely storing and transporting the vaccines have been targeted. The problem has become so severe that both the Federal Bureau of Investigation (FBI) and the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) recently issued a joint security alert on December 3, 2020 highlighting the risk to the coronavirus vaccine distribution chain.

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Faegre Drinker on Law and Technology Podcast: Exploring the New York SHIELD Act

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The New York Stop Hacks and Improve Electronic Data Security (SHIELD) Act updated and expanded the state’s data breach notification requirements and introduced new and broad privacy and cybersecurity requirements that exceed those imposed by most other states around the country. In the latest episode of the Faegre Drinker on Law and Technology Podcast, Jason G. Weiss sits down with Peter Baldwin for insight into a number of questions regarding this sweeping new law.

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Multiple Federal Agencies Jointly Warn of Increased and Imminent Cybercrime Threat to U.S. Hospitals and Healthcare Providers

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On October 28, 2020, the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI) and the Department of Health and Human Services (HHS) issued a Joint Cybersecurity Advisory warning of “an increased and imminent cybercrime threat to U.S. hospitals and healthcare providers.” The agencies collectively warned that “malicious cyber actors are targeting the Healthcare and Public Health (HPH) Sector with Trickbot malware, often leading to ransomware attacks, data theft, and the disruption of healthcare services.”

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Community Health Systems Enters Into Five-Million-Dollar, Multi-State Settlement Agreement in Connection with 2014 Data Breach

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On October 8, 2020, Community Health Systems, Inc. (Community Health) and its subsidiary CHSPSC, LLC entered into a settlement agreement with 28 states for $5 million to resolve claims related to a 2014 data breach. Community Health owns over 200 hospitals across the United States and is one of the largest hospital networks in the country. The multi-state settlement follows a separate $2.3 million settlement that Community Health reached with the U.S. Department of Health and Human Services Office for Civil Rights (HHS-OCR) in connection with the same data breach.

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