Published by Al Saikali

Plaintiffs in data breach lawsuits around the country have had a difficult time surviving motions to dismiss and for summary judgment.  A number of courts have rejected these lawsuits because they failed to allege or demonstrate cognizable injuries, standing, causation, and the requisite elements to withstand an economic loss rule defense.  It is dangerous, however,

If you have noticed an increasing number of high profile problems for healthcare organizations with respect to privacy and security issues these last few weeks you’re not alone.  The issues have ranged from employee misuse of protected health information, web-based breaches, photocopier breaches, and theft of stolen computers that compromised millions of records containing unsecured

What are law firms doing to protect their clients’ sensitive information?  What are clients doing to determine whether their outside counsel are using reasonable security measures to protect their sensitive information (confidential communication, customer data, financial information, protected health information, intellectual property, etc.)?

According to the data forensic firm Mandiant, at least 80 major

In August of last year, I wrote about HB 300, a Texas law that, beginning September 1, 2012, created employee training and other requirements for any company doing business in Texas that collects, uses, stores, transmits, or comes into possession of protected health information (PHI).  The law’s training provisions required covered entities to train

Legislation was introduced in the U.S. Senate late last week that, if passed, would create proactive and reactive requirements for companies that maintain personal information about U.S. citizens and residents.  The legislation, titled the “Data Security and Breach Notification Act of 2013” (s. 1193) creates two overarching obligations:  to secure personal information and