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Category: U.S.

Fla. Courts Require Actual Injury to Demonstrate Standing in Data Breach Cases

Posted on February 13, 2019 by Dissent

Nicole Rekant and Stevan Pardo write: The proliferation of data breach cases in Florida courts has focused on Article III standing. To meet the pleading standard under Article III, a plaintiff must allege sufficient facts to show the injury-in-fact is concrete, particularized, actual, and imminent, not conjectural or hypothetical. An allegation of imminent injury may suffice…

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Hackers Wipe VFEmail Servers, May Shut Down After Catastrophic Data Loss

Posted on February 12, 2019 by Dissent

Sergiu Gatlan reports: The U.S. servers of privacy-focused e-mail provider VFEmail were hacked into on February 11 and all the data was destroyed, on both the main and the backup systems. According to VFEmail’s owner, the hackers did not leave a ransom note and, given the extent of the destruction, the service will most likely…

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Standing in Data Breach Litigation: Will the U.S. Supreme Court Weigh In?

Posted on February 12, 2019 by Dissent

Joseph J. Lazzarotti and Maya Atrakchi of Jackson Lewis write: … The U.S. Supreme Court may finally weigh in on the status of standing in data breach litigation this term, in Frank v. Gaos. The Court recently requested supplemental briefs addressing whether any of the name plaintiffs has standing such that federal courts have Article III…

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Two incidents involving Texas tax preparers may have put customers at risk of ID theft

Posted on February 10, 2019 by Dissent

Remember when it seemed like every day we were reading about ID theft and tax refund fraud schemes involving rogue employees of tax preparation firms? Yeah, well it’s still a thing.  Here’s a story about a former rogue employee at Jackson Hewitt in McKinney, Texas.  If you or someone you know may have used that…

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Schools Suffered at Least 122 Cybersecurity Incidents Last Year

Posted on February 9, 2019 by Dissent

Benjamin Herrold reports: The nation’s K-12 schools experienced 122 publicly reported cybersecurity incidents in 2018, more than half of which were caused or carried out by staff or students, and nearly 60 percent resulted in students’ personal data being compromised. And that’s likely just the tip of the iceberg, according to a report released Thursday by…

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Pharmaca notifies customers of payment card breach affecting brick-and-mortar stores

Posted on February 9, 2019 by Dissent

Those of us who read breach notifications to state attorneys general (yes, we have no life), likely all spotted a notification in mid-January involving Pharmaca. The notification stated that in December, 2018, Pharmaca started receiving reports of payment card fraud.  Their investigation, with help from security experts, revealed that malware may have captured customer payment…

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