Medical Provider To Pay $475,000 For Failing To Timely Report The Loss Of PHI
Written by: Richard Sheinis, Esq. The importance of timely reporting breaches of Protected Health Information (“PHI”) is now underscored by the U.S. Department of Health and Human Services (“HHS”) first ever enforcement action against a
Court Dismisses Shareholder Derivative Suit Over 2014 Home Depot Breach
Written by: Richard Sheinis, Esq. An Atlanta court has dismissed a shareholder derivative suit against Home Depot’s CEO and Board Chairman, Executive Vice-President and Chief Information Officer, and several members of the Board of Directors,
UMass To Pay $650,000 For HIPAA Violations
Written by: Richard Sheinis, Esq. The University of Massachusetts Amherst is paying $650,000 to OCR to settle allegations of HIPAA violations that occurred in 2013. UMass neglected to designate their Center for Language, Speech and Hearing as a
Minnesota Pacemaker Manufacturer Faces Class Action for Cyberattack Risks
Written by: Sam Crochet, Esq. St. Jude Medical Inc., a producer of remote-access pacemakers and implantable defibrillators, is under intense scrutiny for what cybersecurity researchers have deemed a negligent risk of attack. A California patien
Home Depot Gets Nailed with $7.5 Million in Legal Fees In Data Breach Class Action
Written by: Tiffany Winks, Esq. On Tuesday, August 23, 2016, a Federal Judge in Atlanta awarded a whopping $7.5 million in legal fees to consumers’ lawyers in a lawsuit against Home Depot for its 2014 data breach. Not only did the Court awa
Court of Appeals Affirms Dismissal of Class Action Data Breach Case
Written by: Richard Sheinis, Esq. The Georgia Court of Appeals recently held the line against data breach cases when it affirmed the dismissal of a class action against the Georgia Department of Labor.1) Thomas McConnell had filed a class ac
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