What's trending on NP Privacy Partner

April 21, 2016

NP Privacy Partner

Author(s): Laurie T. Cohen, Christopher G. Gegwich, Jenny L. Holmes, Kurt M. Mullen, Steven M. Richard

The Fourth Circuit holds that an insurer has a duty to defend in a data breach class action, West Virginia’s governor signs the IPPA, the Seventh Circuit again finds that data breach victims have standing to sue, and OCR issues its latest settlement agreement.

Data Breach

Fourth Circuit affirms determination that CGL insurer has duty to defend data breach class action

In the coverage action, the insurer sought a declaration that it had no duty to defend the policyholder under either of the two general liability policies the insurer had issued.—Kurt M. Mullen

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Lawsuit filed against attorney for using AOL e-mail account for business purposes

A New York couple has filed a lawsuit against its former real estate attorney for negligently using a “notoriously vulnerable” AOL e-mail account that was hacked by cybercriminals who then stole nearly $2 million from the couple.—Joseph A. Carello

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Health Care and HIPAA

OCR announces latest settlement, second this year that focuses on failure to execute a business associate agreement

In the latest OCR settlement, a North Carolina based orthopaedic clinic agreed to a $750,000 fine and a formal Corrective Action Plan to resolve potential HIPAA violations for failing to execute a business associate agreement prior to releasing x-rays and other protected health information of 17,300 patients to a business associate.—Laurie T. Cohen

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Threat Alerts & Guidance

The importance of employee security awareness training

One of the best defenses to prevent a cybersecurity attack is a well-informed employee.—John G. Roman, Jr., CISSP

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Privacy Litigation & Class Action

Microsoft sues Justice Department over confidentiality of governmental data requests

Microsoft has filed a lawsuit against the federal government for the right to tell its customers when law enforcement is seeking their e-mails.—Steven M. Richard

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Seventh Circuit again finds that data breach plaintiffs have standing due to a future risk of harm

Reaffirming its significant decision this past summer, the Seventh Circuit finds it is plausible to infer a substantial risk of harm after a data breach.—Jenny R. Lewis

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Mobile Technology & Websites

Sixth Circuit allows collection of cell-site location information without a warrant

Federal appellate courts confront the application of new technologies to traditional Fourth Amendment concepts, with Sixth Circuit recently addressing such issues in relation to the collection of cell-site location information.—Steven M. Richard

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Employee & Workplace Privacy

West Virginia protects applicants and employees’ social media accounts

On April 1, 2016, Governor Earl Ray Tomblin signed into law the Internet Privacy Protection Act, which has the goal of protecting the privacy of personal social media accounts of employees and applicants for employment.—Christopher G. Gegwich

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