The Supreme Court’s recent decision to hear the appeal in Spokeo, Inc. v. Robins may have significant implications for data breach litigation in particular and consumer class action litigation generally. At issue is whether a plaintiff who has suffered no actual injury or harm nonetheless has standing under Article III of the United States Constitution […]
Security Breach
DOJ to Host Cybersecurity Roundtable on Data Breaches
On April 29, 2015, the Department of Justice’s Criminal Division will host a cybersecurity industry roundtable on data breaches. The event, which will include audience question and answer sessions, will focus on a range of recent industry developments. The event will feature a discussion of cybersecurity from the national security perspective by John P. Carlin, […]
PCI-DSS Standard Updated To Address SSL Vulnerabilities
On April 15, 2015, the Payment Card Industry Security Standards Council (PCI-SSC) updated the PCI Data Security Standard (PCI-DSS) from version 3.0 to version 3.1. The new version is effective immediately. PCI DSS Version 3.0 will be retired on June 30, 2015. A summary of the changes, along with the updated standard, can be found […]
Third Circuit Questions FTC’s Data Security Authority
On March 3, 2015, the Third Circuit heard oral argument in FTC v. Wyndham Worldwide Corp., et al. (“Wyndham”) on the issue of whether the FTC has the authority to regulate private companies’ data security under Section 5 of the FTC Act. This appeal arises out of the District Court’s holding that the unfairness prong […]
President Obama Proposes Strict National Data Breach Notification Law Ahead of State of the Union
On January 12, 2015, during a speech before the Federal Trade Commission (FTC), President Barack Obama announced that he would propose legislation to create a national, uniform data breach notification law. The White House later released the full text of the proposed bill. The President highlighted that a national breach notification law would benefit both […]