Data Privacy and Security: A Practical Guide for In-House Counsel, 2017 Edition

David Zetoony published the 2017 edition of his handbook, Data Privacy and Security: A Practical Guide for In-House Counsel, on Jan. 28 – Data Privacy Day. The guide provides an overview of laws relevant to a variety of data matters topics, statistics that illustrate data privacy and security issues, and a breakdown of these data-related issues. Members of Bryan Cave’s Data Privacy and Security Team contributed to the publication. The 2016 guidebook was downloaded by more than 3,500 in-house attorneys. “We are extremely proud of the fact that it has become a desk reference for in-house attorneys worldwide,” Zetoony wrote. Click here to view the 2017 guide.

data privacy guide

Bryan Cave Data Security Breach Handbook 2016

Bryan Cave Data Security Breach Handbook 2016

Since the first publication of this handbook in 2014, the legal ramifications for mishandling a data security incident have become more severe.  In the United States, the number of federal and state laws that claim to regulate data security has mushroomed.  The European Union has also enacted a new General Data Protection Regulation which will extend the United States framework for responding to data breaches across the EU, but with significantly enhanced penalties.  This handbook provides a basic framework to assist in-house legal departments with handling a security incident. …hanbook-2016

 

Data Breach Handbook for the Restaurant Industry

Data Breach Handbook for the Restaurant Industry

Although statistics vary, in 2015 there were approximately 3,930 incidents involving data loss and, according to one watchdog group, those incidents impacted over 736 million consumer records. Many of those data security breaches involved nationwide restaurant chains. According to one study, the Food and Beverage industry was the victim of 10% of all security compromises and data breaches in 2015, ranking third behind Retail and Hospitality. This handbook provides a basic framework to assist in-house legal departments with handling a security incident keeping the industry in mind. …

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Data Security Breach Handbook for Hotels, Venues, & the Hospitality Industry

Media reports about data security breaches have become an almost daily occurrence. Increased publicity reflects the simple fact that data breaches have grown in frequency and scope. According to one study, the hospitality industry was the victim of 14% of all security compromises and data breaches in 2015, ranking second only to the broader retail industry. This handbook provides a basic framework to assist in-house legal departments with handling a security incident keeping the industry in mind. …

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Data Privacy and Security: A Practical Guide for In-House Counsel (2016)

David Zetoony’s Data Privacy and Security: A Practical Guide for In-House Counsel was published May 27 by Washington Legal Foundation (WLF) as part of its Contemporary Legal Note Series. WLF describes the publication as “a concise but comprehensive guidebook for navigating the daunting challenge of managing data-privacy and security compliance in today’s high-risk legal environment.” Members of Bryan Cave’s Data Privacy and Security Team contributed to this publication. Michael Kaplan, senior vice president, chief legal officer and chief compliance officer of Red Robin Gourmet Burgers, Inc., authored the foreword. Click here to view the guidebook.

contemporarylegalnotes

2016 Data Breach Litigation Report

Data security breaches – and data security breach litigation – dominated the headlines in 2015 and continue to do so in 2016. Continuous widely publicized breaches have led to 30,000 articles a month being published that reference data breach litigation. Law firms have collectively published more than 156,000 articles on the topic.

While data breach litigation is an important topic for the general public, and remains one of the top concerns of general counsel, CEOs, and boards alike, there remains a great deal of misinformation reported by the media, the legal press, and law firms. At best this is due to a lack of knowledge and understanding concerning data breach litigation; at worst some reports border on sensationalism or fearmongering.

Bryan Cave LLP began its survey of data breach class action litigation four years ago to rectify the information gap and to provide our clients, as well as the broader legal, forensic, insurance, and security communities with reliable and accurate information concerning data breach litigation risk. We are proud that our annual survey has become the leading authority on data breach class action litigation and is widely cited throughout the data security community…. dblitreport2

 

Credit Card Data Breaches: Protecting Your Company from the Hidden Surprises

Debit and credit cards are now the primary form of retail payment. One source estimates that 60 percent of all retail transactions involve a payment card – far surpassing cash or checks as the preferred method of payment. Most retailers do not realize, however, that by accepting credit cards, they expose themselves to the risk of a data security breach and significant potential costs and legal liabilities. David Zetoony and Courtney Stout’s whitepaper, Credit Card Data Breaches: Protecting Your Company from the Hidden Surprises, explains the key risks that a retailer faces following a data security breach of its payment card systems as well as the potential for addressing some of those risks through the purchase of cyber-insurance.

The whitepaper is divided into two parts with the first part assessing the risk to a retailer from a credit card data breach and the second addressing insurance coverage gaps…..ccdatabreach

2015 Telemarketing Report

TelemarketingReportWe are pleased to announce the 2015 edition of our whitepaper discussing trends in telemarketing (TCPA) litigation. The 2015 report provides the most comprehensive analysis of complaint filings by industry, court, legal theory, and type of issue . . . (click on thumbnail for report)

2015 Data Privacy Litigation Report

2015DataPrivacyLitigationReportWe are pleased to announce the 2015 edition of our whitepaper discussing trends in data privacy class action litigation. The 2015 report provides the most comprehensive analysis of complaint filings by industry, court, legal theory, and type of privacy issue . . . (click on thumbnail for report)

The Case For Preemption Under A National Data Breach Notification Standard

Data breaches can rob retailers and other businesses of consumer confidence and impose a variety of mitigation costs, such as consumer notification. Congress is currently considering whether to enact a federal standard that would (a) establish a comprehensive federal obligation to protect consumers following data breaches; (b) preempt state data-breach statutes; and (c) preempt state common-law claims alleging deficient data- breach notification based on negligence or other theories of liability. . . WLFPreemption1

2015 Data Breach Class Action Report

We are pleased to announce the 5th edition of our whitepaper discussing trends in data breach class action litigation.  The 2015 report provides the most comprehensive analysis of trends in complaint filings by industry, court, legal theory, and type of data breach . . .

 

2015 Data Breach Litigation Report

Data Breach Handbook

Handbook

Media reports about data security breaches have become an almost daily occurrence. Increased publicity reflects the simple fact that data breaches have grown in frequency and scope. Although statistics vary, last year there were approximately 1,465 incidents involving data loss. . .

Whitepaper: Data Privacy and Security Class Action Litigation Trends (Sept 2014)

ClassLitigation Sept 2014

TCPA cases continue to predominate as the single largest category of data privacy or data security breach litigation. In terms of industries, there has been a significant uptick in complaints filed against debt collectors and a corresponding uptick in allegations that the Fair Debt Collection Practices Act has been violated. . .

 

Whitepaper: Data Privacy and Security Class Action Litigation Trends (June 2014)

 Data Litigation June 2014This quarter’s analysis of the types of complaints filed by the Plaintiffs’ bar, and the ways in which those complaints have been structured, shows an increase in class action filing and an ongoing evolution by the plaintiffs’ bar to identify the “right” strategy for obtaining damages or leveraging settlement value. The following are key findings concerning filings over this period (2014-Q1)…

 

Whitepaper: Telemarketing Class Action Litigation (March 2014)

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Complainants filed a substantial volume of TCPA class actions during Q4 of 2013. Of the 92 complaints filed during the period, there was a preference toward complaints involving transmissions to mobile phones. One explanation for the substantial number of complaints filed during the period is the October 16, 2013, effective date of the FCC’s new consent requirements for certain autodialed and prerecorded telemarketing calls.

Whitepaper: Data Privacy and Security Class Action Litigation Trends (Feb. 2014)

Feb2014DataLitigation

This report analyzes data-related class action complaints filed against private entities between October and December 2013 (Q4). The following are key findings concerning complaints over this period . . .

 

Whitepaper: Telemarketing Class Action Litigation Report (Oct. 2013)

TelemarketingOcto2014

There was a substantial decline in the volume of TCPA class actions filed during Q3 and, of those filed, there was a preference toward cases involving fax transmission. Although it is possible the decline signals a shift by Plaintiffs attorneys away from the TCPA, the more likely hypothesis is that Plaintiffs firms may have been waiting until after the FCC’s new consent requirements went into effect on October 16, 2013, to file cases. . .

 

White Paper: Data Privacy and Security Class Action Litigation Trends (Sept. 2013)

ClassActionLitigation Sept 2013This report analyzes class action complaints filed against private entities between January and June 2013 to help companies better understand the scope, and frequency, of data-related litigation . . .