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Defending the homefront: a cybersecurity executive order

Proskauer Rose LLP
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USA
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October 8 2012

The simultaneous denial of service attacks on the three largest U.S. banks which occurred two weeks ago were reported to have originated in Iran

Door to increased liability for banks opened by U.S. Court of Appeals for the First Circuit

Proskauer Rose LLP
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USA
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July 18 2012

The United States Court of Appeals for the First Circuit has opened the door to increased liability for banks when hackers make fraudulent withdrawals

Michaels Stores still pinned beneath payment card skimming lawsuit

Proskauer Rose LLP
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USA
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December 16 2011

In May 2011, Michaels Stores reported that “skimmers” using modified PIN pad devices in eighty Michaels stores across twenty states had gained unauthorized access to customers’ debit and credit card information

Massachusetts AG says having a WISP is not enough to comply with Massachusetts data security regulations

Proskauer Rose LLP
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USA
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August 23 2011

The Massachusetts Attorney General's Office and Belmont Savings Bank have agreed to resolve allegations that Belmont Savings Bank has violated the Commonwealth's stringent data security regulations through an Assurance of Discontinuance, which has been filed in Massachusetts state court

Emerging electronic receipt option requires creative thinking for retailers under state law

Proskauer Rose LLP
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USA
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August 19 2011

Recently, several large retail chains have started offering customers the option to receive electronic receipts for in-store purchasers

PCI Security Standards Council unveils new Data Security Standards

Proskauer Rose LLP
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USA
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November 6 2010

On Thursday, October 28, 2010, the Payment Card Industry Security Standards Council (the "Council") promulgated version 2.0 of its Data Security Standard (“PCI DSS”) which sets forth data security standards for payment card processers

Proskauer litigators notch another victory for the Bank of New York Mellon in "identity exposure" lawsuit

Proskauer Rose LLP
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USA
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June 30 2010

On June 25, 2010, Judge Richard Berman of the U.S. District Court of the Southern District of New York granted summary judgment to The Bank of New York Mellon Corp. in Hammond v. The Bank of New York Mellon Corp., dismissing in its entirety a putative class action lawsuit arising from the loss of backup tapes containing personal information in the spring of 2008

Third-party bank remains caught between an order compelling production and Malaysian law - coercive sanctions recommended

Proskauer Rose LLP
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USA
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May 27 2010

Our April 1, 2010 blog entry discussed the March 8, 2010 Order in Gucci Amer., Inc. v. Curveal Fashion, No. 09 Civ. 8458 (S.D.N.Y.) (the “Order”), compelling the third-party U.S. parent (the “U.S. Parent”) of a foreign bank, to produce documents located at its subsidiary, despite claims that such production was illegal under Malaysian banking secrecy laws

Heartland Payment Systems enters into its third settlement agreement arising from 2008 data breach

Proskauer Rose LLP
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USA
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May 24 2010

Nearly two years after Heartland Payment Systems, Inc. (“Heartland”) experienced one of the largest customer data security breaches in history, it entered into its third settlement agreement with a card company

If you let them build it, they will come: regulatory agencies release model privacy notice Online Form Builder

Proskauer Rose LLP
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USA
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May 6 2010

More than five months ago, eight federal regulatory agencies released their final model privacy notice form ("Model Form") to help financial institutions satisfy the disclosure requirements established by the Gramm-Leach-Bliley Act ("GLBA") and help consumers understand how these institutions collect and share their information