The National Law Forum

The Blog of the The National Law Review

Category Archives: Privacy Law

Home Depot Moves to Dismiss Consumer Data Breach Claims for Lack of Standing

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Home Depot has staked its defense of consumer claims arising from the 2014 theft of payment card data from the home improvement retailer on the asserted absence of injuries sufficient to confer standing to sue.  Because consumers rarely sustain out-of-pocket losses when their payment card numbers are stolen, lack of standing is typically the primary …

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Supreme Court to Decide Who Can Sue Under Privacy Law

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Does a consumer, as an individual, have standing to sue a consumer reporting agency for a “knowing violation” of the Fair Credit Reporting Act (“FCRA”), even if the individual may not have suffered any “actual damages”? The question will be decided by the U.S. Supreme Court in Spokeo, Inc. v. Robins, 742 F.3d 409 (9th …

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Will Cyberinsurance Cover Target’s $19 Million Mastercard Settlement?

Another credit card in the mail? If you’re reading this post, you’ve probably received a new credit or debit card in the mail, attached by rubber cement to a cover letter explaining that your card number could have been compromised – so you ended up with replacement cards. You might even have received new cards …

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Moving to the Cloud: Some Key Considerations for Healthcare Entities

Healthcare providers, health plans, and other entities are increasingly utilizing cloud services to collect, aggregate, store and process data.  A recent report by IDC Health Insights suggests that 80 percent of healthcare data is expected to pass through the cloud by 2020.  As a substantial amount of healthcare data comprises “personal information” or “protected health …

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Taking Control of Cybersecurity: A Practical Guide for Officers and Directors

Major cybersecurity attacks of increased sophistication — and calculated to maximize the reputational and financial damage caused to the corporate targets — are now commonplace. These attacks have catapulted cybersecurity to a top priority for senior executives and board members. To help these decision makers get their arms around cybersecurity issues, Foley Partners Chanley T. …

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