Third Circuit Court of Appeals to Rule on Key “Standing” Issue in Data Breach Cases
Written by: Sam Crochet, Esq. Two class actions currently pending in the Third Circuit Court of Appeals, In re Horizon Healthcare Services Inc. Data Breach Litigation and Storm v. Paytime, will impact appellate courts’ future evaluations o
Judge Dismisses Data Breach Class Action Against Wendy’s for Lack of Standing
Written by Sam Crochet, Esq. Last month, the defense community scored a victory in the ongoing debate as to when theft of an individual’s data becomes a concrete injury for purposes of establishing “standing” to sue. In Torres v. Wendy
LabMD’s Win Over The FTC Is Short Lived
Written by: Richard Sheinis, Esq. On July 29, 2016 the Federal Trade Commission issued an Opinion and final Order reversing the decision by an Administrative Law Judge (ALJ) that had dismissed FTC charges against medical testing laboratory La
EU-US Privacy Shield Self-Certification Starts Today
Written by: Richard Sheinis, Esq. Today, August 1, is the first day that the U.S. Department of Commerce is accepting self-certifications under the EU-US Privacy Shield. The Privacy Shield, which essentially takes the place of the invalidated
The “Internet of Things”: An Inconvenient Truth
Written by: Sam Crochet, Esq. Technology is developing at an explosive pace, which is creating endless opportunities for improvement industry-to-industry. For years we have remotely accessed information from our smartphones, but now we are on t
Medjacking, Part 2
Written by : Richard Sheinis, Esq. Over the last several months I have written about the dangers of hacker’s compromising various types of internet connected medical devices used by hospitals, and other medical providers. TrapX Security has
HHS Issues Guidance On Ransomware And HIPAA
Written by: Richard Sheinis, Esq. On Monday, July 11, HHS issued a “Fact Sheet” on ransomware and HIPAA. While we know that the frequency of ransomware attacks has gone through the roof, HHS brought us some sobering figures. Since early 2
Sixth Circuit Shuts Down End Run By Plaintiff Using A HIPAA Breach To Claim Violations Of The False Claims Act
Written by: Richard Sheinis, Esq. The Sixth Circuit Court of Appeals recently upheld a dismissal of a lawsuit in which a plaintiff tried to use the improper accessing of her protected health information (“PHI”) as a basis for a claim under
4th Circuit Rules Insurer Must Defend Insured Against Class Action Data Breach
Written by: Tiffany Winks, Esq. On Monday, April 11, 2016, the 4th Circuit ruled in Travelers Insurance v. Portal Healthcare Solutions that Travelers had a duty to defend Portal in a class action related to Portal posting patients’ medical
Fourth Circuit To Decide If Commercial General Liability Policy Covers Internet Publication of Medical Records
Written by: Tiffany Winks, Esq. On March 24, 2015, the Fourth Circuit Court of Appeals heard oral arguments as to whether a Commercial General Liability insurance policy provides coverage for a data breach. The case on appeal is Travelers In