In 2014, the Food and Drug Administration (“FDA”) articulated its expectations for how device manufacturers address cybersecurity premarket in Content of Premarket Submissions for Management of Cybersecurity in Medical Devices. Recently, the FDA released complementary draft guidance in Postmarket Management of Cybersecurity in Medical Devices. In the new guidance, the FDA explains what

My last post described what the recently passed Florida Information Protection Act (FIPA) will do.  This post analyzes how FIPA differs from Florida’s existing breach notification law and explains why those differences will hurt or help companies that maintain information about Florida residents.  Florida’s Governor must still sign the FIPA into law, but his signature

The Florida Legislature recently passed the Florida Information Protection Act of 2014 (FIPA).  This post describes the FIPA and analyzes the advantages and disadvantages to businesses governed by the new law.  The FIPA must still be signed by the Governor, but the law received unanimous support in the legislature, so his signature is expected.  Once

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