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Commentary on the latest news and developments in issues that matter to our clients.

10 August 2017

Data Breach Class Actions: Is a Risk of Future ...

On August 1, the D.C. Circuit Court of Appeals joined a growing number of federal courts holding the risk of future harm is enough to allow a class action to proceed following a data breach. Attias v. CareFirst, Inc., et al., involves a federal class action lawsuit brought by customers whose personal information was allegedly […]

 
27 July 2017

Penalty: Up to 20 Million Euros, or 4% of Gross...

In data privacy circles, there is constant discussion regarding the EU-US Privacy Shield and the EU General Data Protection Regulation (“GDPR”).  While the temptation for US- based companies to take an isolationist approach and ignore these EU regulations is understandable, doing so may unintentionally subject such companies to significant liability.  All US-based organizations that hold, […]

13 July 2017

Failure to Enter a HIPAA Business Associate Agr...

For those of you who follow this blog, one thing will become evident over time: one of my co-authors, Tim Gutwald, and I frequently blog about HIPAA-related privacy issues.  That’s because both of our practices include a fair amount of HIPAA work.  And, one tends to write about what they are passionate about (to the […]

22 June 2017

Low Tech Solutions to Combat the High Tech Cybe...

Imagine that you have twelve (12) hours to pay or your files will be permanently destroyed.  You are the victim of a Ransomware attack. What will you do? Clocks-a-ticking. Ransomware, like WannaCry and CryptoLocker, have proven to be a common, lucrative, low-risk, criminal-enterprise.  Ransomware is a type of malicious software that blocks access to the […]

15 May 2017

Former FBI Cyber Expert James Trainor Speaks to...

The Economic Club of Grand Rapids hosted a luncheon last Monday, May 8, addressing cybersecurity. Miller Johnson sponsored the event and several members of the Privacy and Cybersecurity team attended to hear the presentation of former FBI cyber expert James Trainor.  During his time at the FBI, Mr. Trainor investigated some of the world’s largest […]