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Courts Becoming More Attuned to Identity Theft Risks Following Data Breaches

For years now, business organizations have had a ready and reliable defense to the customer class-action lawsuits that inevitably follow whenever a new data breach is announced: You can’t sue us because any damage from the breach is purely speculative unless the names, addresses, credit card numbers, etc., that were stolen in the attack have actually been misused for fraudulent purchases or identity theft.  No harm (yet), no foul.

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Spreading the word about cyber risk

Each October the Department of Homeland Security celebrates National Cyber Security Awareness Month, a national public awareness campaign that encourages businesses and individuals to take steps to protect themselves from cyber threats.

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Cybersecurity Regulations Can Move at Lightning Speed; Don’t Get Burned!

As we have noted previously on the new DFS cybersecurity regulations, 23 N.Y.C.R.R. Part 500, the regulatory process is—by definition—vastly more swift and adaptable than the legislative process. What may get bogged down in legislative committee for months or years can be hammered out in a matter of days in the administrative state.

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What does the Equifax breach mean to your organization? Quite a lot, actually.

The sheer size of the recent Equifax breach—affecting nearly half of all Americans and potentially more than half of those over 18—is staggering.  It is the nature of the breach, however, and the type of information taken, that gives the greatest pause.

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Attorneys General from 32 States and the District of Columbia Throw Their Collective Weight Behind Data Breach Settlement

On October 3, 2012, Nationwide Mutual Insurance Company and its wholly-owned subsidiary Allied Property & Casualty Insurance Company experienced a data breach when a hacker exploited a vulnerability on the companies’ web application hosting software. This hack resulted in the compromise of the personal information of 1.27 million consumers, including social security numbers, driver’s license numbers, credit scoring information, and other data used to provide insurance quotes.

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This website presents only general information not intended as legal advice. Although we encourage calls, letters and emails from prospective clients, please keep in mind that merely contacting Harter Secrest & Emery LLP (HSE) does not establish an attorney-client relationship between us. Confidential information should not be sent to HSE until you have been notified in writing by HSE that a formal attorney-client relationship has been established. Information sent to us before then may not be treated as confidential by HSE or the court.

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