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FTC issues revised business guide on ‘red flags’ identity theft rule
  • Foley Hoag LLP
  • USA
  • June 13 2013

The Federal Trade Commission has issued revised guidance designed to help businesses comply with the requirements of the Red Flags Rule, which


SEC and CFTC jointly adopt identity theft red flags rules applicable to investment advisers and others
  • Foley Hoag LLP
  • USA
  • May 28 2013

On April 10, 2013, the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) jointly adopted identity theft


Credit card replacement costs and identity theft insurance are compensable damages for data breach
  • Foley Hoag LLP
  • USA
  • October 25 2011

Late last week, the U.S. Court of Appeals for the First Circuit ruled that victims of a data breach could pursue compensation from the merchant whose systems were breached for their costs of credit card replacement and identify theft insurance, under theories of breach of implied contract and negligence.


Sony breach update: the scope expands, while consumers wait for answers about how and why it happened
  • Foley Hoag LLP
  • USA
  • May 8 2011

The scope of the Sony data breach is growing, but the public focus continues to be on Sony's actions following the breach, rather than on steps to prevent or mitigate events like these in the first place.


FTC publishes Copier Data Security Guide
  • Foley Hoag LLP
  • USA
  • February 25 2011

As we noted back in May, digital copiers have caught the eye of government privacy enforcers.


NIST launches web site for national strategy for trusted identities in cyberspace
  • Foley Hoag LLP
  • USA
  • January 20 2011

The National Institute of Standards and Technology (NIST), a federal agency within the Department of Commerce, has launched a web site detailing the President Obama's proposed National Strategy for Trusted Identities in Cyberspace (NSTIC).


Connecticut Attorney General reaches first state HIPAA settlement with Health Net
  • Foley Hoag LLP
  • USA
  • July 7 2010

On July 6, 2010, Connecticut Attorney General Richard Blumenthal announced a settlement with Health Net and its affiliates (Health Net of the Northeast, Inc, Health Net of Connecticut Inc, and parent companies UnitedHealth Group Inc and Oxford Health Plans) of a suit that cited failure to secure private patient medical records and financial information on nearly a half million Connecticut enrollees and promptly notify consumers endangered by the breach.


FTC delays enforcement of Red Flags Rule through December 31, 2010 to give Congress time to exempt certain businesses from rule’s requirements
  • Foley Hoag LLP
  • USA
  • May 28 2010

This morning, Friday, May 28, 2010, the Federal Trade Commission (FTC) announced that it was extending the deadline for enforcement of the Red Flags Rule through December 31, 2010, in order to give Congress sufficient time to amend the law to exclude certain businesses from application of the Rule.


Red Flags Rule enforcement deadline falls next week
  • Foley Hoag LLP
  • USA
  • May 27 2010

This Tuesday, June 1, 2010, marks the official deadline for compliance with the Federal Trade Commission's Red Flags Rule.


Incident of the week: NSA officer indicted for emailing classified documents to reporter
  • Foley Hoag LLP
  • USA
  • April 16 2010

On Wednesday, a federal grand jury in Maryland indicted Thomas A Drake, a former employee of the National Security Agency (NSA), on charges that he emailed classified NSA documents and information to Siobhan Gorman, then a reporter for the Baltimore Sun.