• Posts by Joseph M. Callow, Jr.
    Partner

    Joe Callow helps clients manage and reduce litigation risk and litigation costs.  When litigation arises, he handles and coordinates cases on a national, regional, and local basis.

    Joe primarily works on class action and complex ...

September 2018 was a busy month for data privacy. We expect the next several months to be extremely active as well, especially with the number of new complaints and data breach notices filed in Europe since May. We will continue to monitor and update developments as the data privacy framework continues to evolve.

It has been a little more than 90 days since G-Day (May 25) and there has been a lot to talk about regarding the implementation of GDPR.

G-Day is May 25, 2018, the day when the European Union’s General Data Protection Regulation (“GDPR) is set to go into effect.  Even though the Regulation has been approved and available for review for more than a year, most companies are still working to determine whether GDPR applies and, if so, how to become GDPR compliant.  The litigators from KMK’s Cybersecurity and Privacy Team have prepared a Legal Alert which helps companies answer both questions. 

Last week, the D.C. Circuit joined an increasing number of federal courts applying a broad interpretation of the degree of harm required to satisfy Article III standing and expanding the holding of last summer’s Spokeo, Inc. v. Robbins, 136 S. Ct. 1540 (2016).

Last week, the Eighth Circuit Court of Appeals rejected the district court’s approval of the class action settlement in the Target data breach litigation. See In re Target Corp. Customer Data Sec. Breach Litig., 2017 U.S. App. Lexis 1767 (8th Cir. Feb. 1 2017). 

Two decisions last week further widened the divide among the Courts of Appeals in applying Spokeo in cybersecurity litigation.

The U.S. Computer Emergency Readiness Team (US-CERT) is implementing new reporting requirements beginning April 1, 2017, and just released new guidelines to help federal departments and agencies; state, local, tribal, and territorial government entities; information sharing and analysis organizations; and foreign, commercial and private-sector organizations submit incident notifications to the federal government.

Two Courts of Appeals have issued decisions during the past week related to cybersecurity and data retention which anyone who maintains electronic data and personal information should read.

Recently, the European Union Court of Justice invalidated a Safe Harbor Framework (established in 2000), which thousands of companies relied upon to facilitate the transfer, processing and storage of data from the EU to the U.S.  Any company that processes and stores data from the EU, including customer and employee personal data, should be reviewing its contracts and procedures and monitoring these developments. 

On April 29, the Department of Justice published its “Best Practices for Victim Response and Reporting of Cyber Incidents”, which is an excellent, easy to read summary of steps companies can take to protect against cybersecurity incidents 

Blog Contacts:  
Joe Callow, Litigation Partner
jcallow@kmklaw.com or 513.579.6419

Rob Lesan, Business Representation & Transactions Partner
rlesan@kmklaw.com or 513.579.6939

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