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CFTC Holds Cybersecurity Roundtable March 18

As noted in our previous entry, staff from the Commodity Futures Trading Commission (CFTC) held a Public Roundtable on Cybersecurity and System Safeguards Testing on March 18, 2015. The Roundtable, which included participants from the private sector and government agencies, could be a kick-off event for a larger CFTC initiative to address issues related to cybersecurity. The Roundtable...

Anthem’s Data Breach Affects Many Non-Anthem Plans: What Employers Need to Know Now

On February 4, 2015, Anthem Inc. disclosed that it had been a victim of a sophisticated cyberattack that compromised the personal health plan data of up to 80 million customers of not only Anthem but also a much broader group of insurers and third-party administrators for whom Anthem did back-office work. View the full Legal Alert.

Defending Against Director & Officer Litigation

One form of ancillary litigation that has arisen out of data breaches is shareholder derivative lawsuits against companies that suffer a data breach. In one recent case, Palkon v. Holmes, No. 2:14-cv-01234-SRC-CLW (D.N.J. Oct. 20, 2014), a court dismissed such a shareholder derivative action. The claims arose out of a series of data breaches against the Wyndham Worldwide hotel chain....

Federal Data Breach Notification Legislative Updates

In the United States, there is no federal law addressing data breach notification obligations that would apply across all sectors. Although legislation has been previously introduced in Congress, none have been enacted into law. With the start of the new Congressional session, Congress and the Obama Administration are continuing efforts to establish a single data breach notification...

NIST Guidance Encourages Coordinated Incident Response

The National Institute of Standards and Technology (NIST) has proposed guidance on cyber threat information sharing. In its October 2014 draft, NIST seeks to leverage shared information to enhance cybersecurity through coordinated incident response. Specifically, NIST recommends that, to enhance its cybersecurity posture and ability to respond to a cyber incident, an organization...

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