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Category: Commentaries and Analyses

DSIR Deeper Dive: The Ransomware Epidemic

Posted on May 19, 2020 by Dissent

David Kitchen and Anthony P. Valach of BakerHostetler compare their firm’s 2019 report to the 2020 data. Considering that this law firm represents a number of clients who have been attacked with ransomware, their experiences are instructive, and their article also provides some action items for entities. Read more on Data Privacy Monitor.

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Third Circuit Offers Blueprint for Defeating Data Breach Class Actions

Posted on May 19, 2020 by Dissent

Jeffrey N. Rosenthal and David J. Oberly discuss how the Third Circuit offers defense attorneys a way to possibly get some data breach lawsuits dismissed. They write, in part: Taken together, Reilly and Horizon operate to create a diving line between circumstances where standing might exist in the Third Circuit. Under Horizon, standing can often be established where plaintiffs are…

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Capital One Judge Skeptical That Breach Report Is Privileged

Posted on May 18, 2020 by Dissent

Law360 reports: A Virginia federal magistrate judge tackling discovery issues in the sprawling litigation over Capital One’s massive 2019 data breach appeared unconvinced during a hearing Friday morning that consumers suing the bank are barred from seeing a cybersecurity firm’s report on the event. Consumers within the multidistrict litigation are pushing to get hold of an incident…

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FBI: ProLock ransomware gains access to victim networks via Qakbot infections

Posted on May 18, 2020 by Dissent

Catalin Cimpanu reports: The FBI has issued a security alert earlier this month about a new ransomware strain named ProLock that has been deployed in intrusions at healthcare organizations, government entities, financial institutions, and retail organizations. First spotted in March 2020, ProLock is part of the category of “human-operated ransomware.” Read more on ZDNet.

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Data breach in new Illinois online unemployment system exposes private information

Posted on May 17, 2020 by Dissent

Jamie Munks reports: A glitch in a newly launched state system for processing unemployment claims for gig workers publicly exposed personal information, a spokeswoman for Democratic Gov. J.B. Pritzker said Sunday. The Illinois Department of Employment Security “is aware there was a glitch” in a new system for processing unemployment claims for independent contractors and…

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Do we need tougher breach notification rules?

Posted on May 17, 2020 by Dissent

Hell, yes!  Oh, you want more rationale and calm analysis? Read Nic Fearn’s reporting: When Travelex was hit by a ransomware attack on New Year’s Eve, not just taking down its website, but the systems that enable it to do business, it was days before it even admitted it. Even then, it would only say…

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