Tag Archives: Data breach

Kaseya VSA Supply-Chain Ransomware Attack Update 7-9-21 Podcast

Here is the latest on the Kaseya VSA supply-chain ransomware attack which is interesting because there is now strong interplay between the United States government and companies like Kaseya given the national security implications of this type of ransomware attack. Please feel free to listen to this podcast with a brief update on the government involvement in the response to this ransomware attack and on the type of directives that the federal government is now giving out through government agencies like the US Cybersecurity and Infrastructure Security Agency (CISA) and the FBI. It was widely reported that the CEO of Kaseya on 1st notification of this ransomware attack contacted the federal government and spoke with national security officials at the White House and in the Department of Homeland Security. Obviously, every ransomware attack will not necessarily invoke this high-level government response, but more and more the government is involving itself in the investigation and response to these attacks which have been heavily linked to entities like REvil which is alleged to be based in Russia. Pres. Biden today allegedly called Pres. Putin to once again warn him regarding the cybersecurity attacks and he promised in the media that there would be a response from the United States. For more information on the specific CISA-FBI recommendations in response to the Kaseya VSA supply-chain ransomware attack see this link to the CISA website: https://us-cert.cisa.gov/ncas/current-activity/2021/07/04/cisa-fbi-guidance-msps-and-their-customers-affected-kaseya-vsa . See the link below for my short podcast with this update.

Kaseya VSA Supply-Chain Ransomware Attack Update 7-9-21 PIT IP Tech Cast

Here is the latest on the Kaseya VSA supply-chain ransomware attack which is interesting because there is now strong interplay between the United States government and companies like Kaseya given the national security implications of this type of ransomware attack.
  1. Kaseya VSA Supply-Chain Ransomware Attack Update 7-9-21
  2. Kaseya VSA Server Ransomware Attack July 2021 – Lessons and Protocols for Dealing with Data Breach
  3. The Rise of Counterfeiting Litigation in Federal Courts

Kaseya VSA Server Ransomware Attack July 2021 – Lessons and Protocols for Dealing with Data Breach

Podcast:

Kaseya VSA Supply-Chain Ransomware Attack Update 7-9-21 PIT IP Tech Cast

Here is the latest on the Kaseya VSA supply-chain ransomware attack which is interesting because there is now strong interplay between the United States government and companies like Kaseya given the national security implications of this type of ransomware attack.
  1. Kaseya VSA Supply-Chain Ransomware Attack Update 7-9-21
  2. Kaseya VSA Server Ransomware Attack July 2021 – Lessons and Protocols for Dealing with Data Breach
  3. The Rise of Counterfeiting Litigation in Federal Courts

Blog:

See Kaseya CEO Video response presentation: https://www.kaseya.com/

See Updates Regarding VSA Security Incident Response: https://www.kaseya.com/potential-attack-on-kaseya-vsa/

In any Cyber incident, Data breach, hack or unwanted email intrusion, like the recent Kaseya attack, Incident Response (IR) time is of the essence. The Business and Cybersecurity Litigation lawyers at Houston Harbaugh, P.C., are here to assist in addressing the cybersecurity issues facing companies today. A comprehensive set of issues must be addressed to aid companies in minimizing the risk of cybersecurity breaches and to aid companies not if, but when, a data breach occurs. Ransomware, e-mail spoofing, text and phone call spoofing, e-mail intrusion, phishing and other schemes are running rampant in the business world. Sophisticated companies are falling prey to wire fraud schemes and ransom attacks at an alarming rate. These victims frequently turn to their insurance carriers but the maze of seeking insurer indemnity and defense for these matters is complex. Our firm can help work through that maze on both the technical side of investigation and on the mitigation side including the analysis of insurance coverage options. Our litigation lawyers are well equipped to handle IR and to tackle both the initiation of, or defense of, litigation related to these cyber security breaches and losses.

Data breaches are one of the biggest risks facing companies today. Companies must take action to prepare for the worst and to react quickly when it happens on both the technical side and the legal side. Our firm can cyber-counsel on corporate structure issues, insurance coverage, employment law, HIPAA and personal and health care data issues, and protection of data through proper technology infrastructure, technology rules and policies, corporate and employment policies and litigation if necessary. Cybersecurity takes a team to protect companies and their data through security programs, security awareness training, annual security audits and Incident Response. A cyber incident or intrusion which results in a breach of Personally Identifiable Information (PII) may trigger certain legal reporting requirements. See (Westlaw’s link): Pennsylvania Statutes 73-2301: Breach of Personal Information Notification Act. A link to the actual Pennsylvania statute can be found hereHere is a summary of the Pennsylvania Notification Act:

  • Enacted in 2006, Pennsylvania’s data breach notification law requires entities doing business in Pennsylvania that maintain, store, or manage computerized personal information of Pennsylvania residents to notify affected individuals of any data breach that results or could result in the unauthorized acquisition of their unencrypted and unredacted personal information.
  • Notice must be made without unreasonable delay
  • If more than 1,000 individuals must be notified, breached entities must also notify all consumer reporting agencies that compile and maintain files on consumers on a nationwide basis.
  • Breached third parties must notify relevant data owners or licensees.
  • Substitute notice is permitted in specific circumstances and notification may be delayed for law enforcement purposes.
  • Entities which maintain their own notification procedures as part of an information security policy consistent with state law are deemed to comply with the notification requirements of this law if the entity makes notifications in accordance with its policies.
  • Financial institutions compliant with the Federal Interagency Guidance Response Programs for Unauthorized Access to Consumer Information and Customer Notice are deemed to comply with this law, as are entities that comply with relevant notification requirements of federal regulators.

Our firm can help guide you through these reporting requirements but it is best to be prepared in advance. We can help you prepare and can refer you to good technical people for up front assistance.

Data breaches are the ultimate sneak attack. A company’s computer systems can be breached for weeks, months and even years without the breach being detected. Once detected, what action must the company take? A team that includes attorneys, company executives, law enforcement, IT and human resource management should be in place and prepared to address the various problems that arise. These problems include legal issues —regulatory compliance, protection of intellectual property, recovery of losses, and litigation —technical issues, notification issues, customer relations, public relations, and insurance issues.

Houston & Harbaugh cybersecurity attorneys have presented both regionally and nationally the following topics: “The Potential Consequences of Data Breach on Compromise or Infringement of Intellectual Property” and “Protecting Your Business in the Digital Age”. To read more about this topic and to see legal resources regarding Cybersecurity and Data Breach Response, please see this website’s Resource Library. 

Contact Our Pennsylvania Cybersecurity Attorneys Today: Houston Harbaugh can help your company take action to minimize the threat from data breaches and to guide you through IR. For immediate help on data breach or ransomware response, contact HH Shareholder Henry Sneath by email now to databreach@hh-law.com or call: 1-833-511-2243   

BLOCKCHAIN: Is it the Next Big Step in Data Security?

From Law.Com and its Legaltech news former Microsoft CTO Adrian Clarke (Evident Proof) reports on the technology of Blockchain and its purported major security benefits for the supply ecosystem. “The blockchain is a transaction ledger that is uneditable and virtually unhackable. New information can be written onto the blockchain, but the previous information (stored in what are known as blocks) can’t be adjusted. Every single block (or piece of data) added to the chain is given an encrypted identity. Cryptography effectively connects the contents of each newly added block with each block that came before it. So any change to the contents of a previous block on a chain would invalidate the data in all blocks after it.” Clarke’s report here is perhaps some comfort for an exponentially growing sector of the world wide economy which relies on supply chain management on a massive scale. See his piece in Law Journal Newsletters at http://tinyurl.com/y7mqfnem 

Attorneys Bill Cheng and John Frank Weaver at McLane Middleton, P.A. in New Hampshire posted this piece in the NH Business Review at: http://tinyurl.com/yblh6nqp regarding the interaction between Blockchain and Bitcoin and how the GDPR for example will struggle to deal with these technologies, given the protections that GDPR attempts to provide to data owners so that they can control their personal information and data. Blockchain, particularly in conjunction with Bitcoin as the currency for a Blockchain secured transaction will prove a challenge to the GDPR rules. CTOs, Industrial Engineers and Supply Chain designers have big decisions to make in the years to come regarding security and whether Blockchain is the answer to some data protection issues. Photo courtesy of Law.Com.

Posted by Henry M. Sneath, Esquire Co-Chair Litigation Practice Group and Chair of the IP Practice Group: Houston Harbaugh, P.C.  401 Liberty Avenue, Pittsburgh, Pa. 15222Sneath is also an Adjunct Professor of  Law teaching two courses; Trade Secret Law and the Law of Trademarks and Unfair Competition at Duquesne University School of Law. Please contact Mr. Sneath at 412-288-4013 or sneathhm@hh-law.com

 

 

Business: Seeking Predictability in an Era of Uncertainty

Here is an article I wrote which was published by DRI in their IDQ (In-house Defense Quarterly) to promote the DRI Corporate Counsel Round Table meeting in Washington D.C. which was held in January. It highlights the uncertainty in business markets and the role of the courts in same. See the article at this link: http://tinyurl.com/y9mov84l 

Posted by Henry M. Sneath, Esq.                                                         Shareholder and Director;                                                                                    Co-Chair of the Litigation Department;                                                    Chair of the IP Department;                                                                         Houston Harbaugh, P.C.  (www.hh-law.com)                                                    Pittsburgh, Pa.                                                                                                              Please contact Mr. Sneath at 412-288-4013 or sneathhm@hh-law.com 

 

 

From Legal Tech/Law.Com news: A Bug Bounty for Discounts on Cyber Insurance

From our friends at Law.Com: In the growing market for cyber insurance, carriers are trying to compete on price.  One carrier, Coalition is offering discounts if your company creates a partnership with a “white hat hacker” and establishes a bug bounty with that hacker. The hacker gets a bounty for finding vulnerabilities. Legal Tech author Rhys Dipshan details the program in the article at this link: http://tinyurl.com/ydck3nxg

Dipshan reports that “bug bounties” are becoming a popular weapon in combating cyber attacks. “Unsurprisingly” Dipshan reports, “bounty programs are becoming increasingly common in the tech and corporate world, with companies such as FacebookMicrosoft and Uber offering compensation for vulnerability disclosures. They also have caught on in the federal government as well, with the Department of Defense launching its “Hack the Pentagon” and “Hack the Air Force” programs.” Do you need a cyber bounty hunter?

Posted by Henry M. Sneath, Esq.  HoustonHarbaugh, P.C. – Pittsburgh, Pa.  https://www.hh-law.com Chair of the Intellectual Property Practice Group and Co-Chair Litigation Practice Group. Contact at: sneathhm@hh-law.com or 412-288-4013

Pennsylvania Superior Court Rules Employer Owes No Duty to Protect Employee Data

 Kelly WilliamsKelly A. Williams, a Senior Attorney at the Pittsburgh law firm of  Houston Harbaugh, P.C.     412-288-4005

In an apparent case of first impression, a divided three-judge panel of the Pennsylvania Superior Court recently held that an employer does not owe a legal duty to its employees to protect the employees’ electronically stored personal and financial information.  In Dittman v. UPMC, decided on January 12, 2017 (docket no. 971 WDA 2015), the Superior Court affirmed an opinion of the Court of Common Pleas of Allegheny County, PA (opinion by the Honorable R. Stanton Wettick, Jr.), sustaining defendant University of Pittsburgh Medical Center’s (“UPMC”) preliminary objections to an employee class action suit.  The suit arose from a data breach of the employees’ personal information, which was provided to UPMC as a condition of employment.

The employees sued UPMC for negligence and breach of contract after their names, birth dates, social security numbers, tax information, addresses, salaries and bank information were stolen due to the data breach. Specifically, they alleged that UPMC failed to properly encrypt data, establish adequate firewalls and implement adequate authentication protocols to protect the information in its computer network.  All of UPMC’s 62,000 employees and former employees were affected by the breach.  Appellants consisted of two separate but overlapping classes.  One class alleged that the stolen information had already been used to file fraudulent tax returns and steal the tax refunds of certain employees.  The other class consisted of those who had not suffered this harm but alleged that they were at increased and imminent risk of becoming victims of identity theft crimes, fraud and abuse.

security-breach-image-2To determine whether a duty of care exists, the Pennsylvania courts look to five factors, none of which are determinative alone. Seebold v. Prison Health Servs., Inc., 57 A.3d 1232, 1243 (Pa. 2012); Althaus ex. rel. Althaus v. Cohen, 756 A.2d 1166, 1169 (Pa. 2000).  The five factors are:

  1. the relationship between the parties;
  2. the social utility of the actor’s conduct;
  3. the nature of the risk imposed and foreseeability of the harm incurred;
  4. the consequences of imposing a duty upon the actor; and
  5. the overall public interest in the proposed solution.

In Dittman, the court found that the first factor weighed in favor of finding a duty because the employer-employee relationship gives rise to duties on the employer.  The court next weighed the second factor against the third:  the need of employers to collect and store personal information about their employees against the risk of storing information electronically and the foreseeability of data breaches.  The court concluded:

While a data breach (and its ensuing harm) is generally foreseeable, we do not believe that this possibility outweighs the social utility of electronically storing employee information. In the modern era, more and more information is stored electronically and the days of keeping documents in file cabinets are long gone. Without doubt, employees and consumers alike derive substantial benefits from efficiencies resulting from the transfer and storage of electronic data. Although breaches of electronically stored data are a potential risk, this generalized risk does not outweigh the social utility of maintaining electronically stored information. We note here that Appellants do not allege that UPMC encountered a specific threat of intrusion into its computer systems.

Analysis of the fourth factor looks to the consequences of imposing a duty.  In this situation, the court considered that data breaches are widespread and that there is no safe harbor for entities storing confidential information.  It was also the court’s opinion that no judicially created duty of care is needed to incentivize companies to protect confidential employee information because other statutes and safeguards are in place to prevent employers from disclosing confidential information.  Thus, the court concluded that “it unnecessary to require employers to incur potentially significant costs to increase security measures when there is no true way to prevent data breaches altogether. Employers strive to run their businesses efficiently and they have an incentive to protect employee information and prevent these types of occurrences.”

Finally, the fifth factor looks to whether there is a public interest in imposing a duty.  The Superior Court found persuasive the reasoning of the trial court that imposing a duty here would greatly expend judicial resources and would result in judicial activism.  The Superior Court agreed with the trial court that the Pennsylvania legislature has considered the same issues and chose only to impose a duty of notification of a data breach.  “It is not for the courts to alter the direction of the General Assembly because public policy is a matter for the legislature.”

Weighing all five factors, the court held that the factors weighed against imposing a duty.  Judge Stabile filed a concurring opinion, which Judge Olson, the writer for the majority opinion, joined.  Judge Stabile agreed with the ruling but emphasized that the law in this area is quickly changing and that the ruling was based on the facts pled in that particular case.  One of the key facts for Judge Stabile was the fact that the employees had not alleged that UPMC was on notice of any specific security threat.  In a dissenting opinion, Judge Musmanno concluded that  allegations that UPMC failed to properly encrypt data, establish adequate fire walls and implement appropriate authentication protocols was sufficient to allege that UPMC knew or should have known that there was a likelihood data would be stolen.  Judge Musmanno also disagreed with the majority’s assumption that employers are sufficiently incentivized to protect employee data without a duty imposed upon them to do so.

The employees filed a motion for reconsideration and reargument on January 26, 2017.  Thus, the Superior Court’s January 2017 opinion may not be the final word on the issue.

security-breach-imageDittman is interesting in the world of data breach lawsuits because it does not address standing.  Many data breach defendants have relied upon the theory that plaintiffs lack standing to bring claims for data breaches where plaintiffs cannot prove actual harm from the breach.  Proof of actual harm can be challenging because evidence regarding the use of the stolen information may be difficult to find.  Here, standing was not discussed by the Superior Court.  In the trial court below, UPMC had argued that the claims against it should be dismissed on the grounds that the employees lacked standing to assert claims on behalf of employees who had not yet been injured.  UPMC also asserted that the employees’ negligence and breach of implied contract claims failed as a matter of law.  After oral argument on these issues, the trial court ordered both parties to file supplemental briefs on the issue of whether UPMC owed a duty to its employees with respect to the handling of their personal and financial data.  This ultimately proved to be the issue that the trial court and the Superior Court found to be determinative.

The Dittman v. UPMC opinion may be found at:  http://scholar.google.com/scholar_case?case=17833965968674892500&q=dittman+v.+upmc&hl=en&as_sdt=6,39&as_vis=1.

DTSA Cases Being Filed: Defend Trade Secrets Act 2016

Posted by: DTSALAW.Com and DefendTradeSecretsAct.Lawyer Henry M. Sneath, Esq. – Chair of the Intellectual Property Practice Group at Pittsburgh, Pa. law firm Picadio Sneath Miller & Norton, P.C. (PSMN® and PSMNLaw®). Mr. Sneath is also an Adjunct Professor of Law at the Duquesne University School of Law teaching Trade Secret Law, Trademark Law and the Law of Unfair Competition. He may be contacted at hsneath@psmn.com or 412-288-4013. See Websites www.psmn.com or www.DTSALaw.com.

The new DTSA federal civil remedy statute is already generating lawsuits being filed in Federal Courts. Two suits were recently filed in the Southern District of Florida with jurisdiction being claimed pursuant to the Defend Trade Secrets Act 2016 (DTSA). One case was also filed in the Northern District of Texas. See links to the cases below. In each Florida case, the plaintiff not only claimed trade secret misappropriation under the DTSA, but also under the Florida UTSA state statute (FUTSA). The Texas case brings claims under DTSA and the TUTSA along with pendent state law claims. This may become the trend as the DTSA and state statutes modeled after the Uniform Trade Secret Act describe trade secrets and misappropriation somewhat differently and provide, in some cases, different remedies. The differences in “definitions” between DTSA and the UTSA are not major, but they may make a difference if either is left out of a complaint filed in federal court.  We will monitor this trend and post in the future on new filings.

Interestingly, while both Florida cases seek injunctive relief in the complaint’s claims for relief, neither docket shows the filing of a separate Motion for TRO, Preliminary Injunction or motion for other injunctive relief. The Dean case brings only trade secret misappropriation claims under the DTSA and the FUTSA state statute. The Bonamar case brings claims under DTSA and FUTSA and a number of pendent State Law claims that you would expect to see in an employment related, non-disclosure, breach of covenants/contract case. In the Texas case, the plaintiff has filed an emergency motion for TRO under both state and federal law and a hearing is set for May 26, 2016. The motion and brief are linked below. Here are links to the cases on our website.

Florida Cases: Bonamar v. Turkin and Supreme Crab ; Dean V. City of Miami Beach et al

Texas Case: UPS v. Thornburg (Complaint) ; UPS v. Thornburg (Emergency Motion for TRO) ; UPS v. Thornburg (Brief in Support of Motion for TRO)

Sneath, Henry 2012 headshot

Henry M. Sneath, Esq. 412-288-4013 hsneath@psmn.com

Defend Trade Secrets Act (DTSA) Seminar in Pittsburgh Jun 22, 2016

Posted by Henry M. Sneath, Esq. – Chair of the Intellectual Property Practice Group at Pittsburgh, Pa. law firm Picadio Sneath Miller & Norton, P.C. (PSMN® and PSMNLaw®). Mr. Sneath is also an Adjunct Professor of Law at the Duquesne University School of Law teaching Trade Secret Law, Trademark Law and the Law of Unfair Competition. He may be contacted at hsneath@psmn.com or 412-288-4013. Website www.psmn.com or www.psmn.law

See copy of my Tweet from earlier today: “I’m pleased to be a part of the Federal Bar Association seminar set for Pittsburgh on the new Defend Trade Secrets Act  https://twitter.com/hashtag/DTSA?src=hash   on June 22, 2016. Co-Hosted by the Pittsburgh Intellectual Property Law Association (PIPLA) and the Duquesne University School of Law, where I teach Trade Secret Law as an adjunct Professor of Law. Register at FBA link: http://tinyurl.com/gm8nudj and see my Tweet at
https://twitter.com/PicadioSneath/status/730450574148149248
This is biggest Federal expansion of  #IP  Law since the Lanham Act and when signed by the President (today it appears) – it will provide immediate jurisdiction for  #tradesecret  actions in Federal Court.”

Big IP NEWS: Defend Trade Secrets Act 2016 (DTSA) Passes Congress – President to sign

EnrolledTitle_114Posted by Henry M. Sneath, Esq. – Chair of the Intellectual Property Practice Group at Pittsburgh, Pa. law firm Picadio Sneath Miller & Norton, P.C. (PSMN® and PSMNLaw®). Mr. Sneath is also an Adjunct Professor of Law at the Duquesne University School of Law teaching Trade Secret Law, Trademark Law and the Law of Unfair Competition. He may be contacted at hsneath@psmn.com or 412-288-4013. Website www.psmn.com or www.psmn.law

The US Congress has passed the landmark Defend Trade Secrets Act of 2016 (DTSA) and it is set for the President’s signature. It will soon be law. See Link to DTSA Legislation here: https://www.congress.gov/bill/114th-congress/senate-bill/1890/text    Trade Secret law has long been the province of the States, more or less exclusively, and except for criminal protections against trade secret theft and economic espionage, there has been no Federal civil law providing a federal damages remedy for such theft.  Amended will be Crimes and Criminal Procedures – Title 18, Chapter 90, Section 1836 and the key provision is as follows:

“(1) IN GENERAL.—An owner of a trade secret that is misappropriated may bring a civil action under this subsection if the trade secret is related to a product or service used in, or intended for use in, interstate or foreign commerce.”

Congress has now added a civil remedy provision to Federal protection of Trade Secrets wherein prior Federal law only provided criminal sanctions. This has been described as a major new development in Federal IP law and will provide federal jurisdiction for Trade Secret Misappropriation cases. The law will NOT preempt nor change State laws and therefore actions will be brought in both federal and state court jurisdictions. Most states (48) have adopted a form of the Uniform Trade Secrets Act (UTSA) and actions can still be brought under those state statutes, but those statutes vary to some degree. The DTSA is very similar to the UTSA based state court statutes, but there will be differences depending on the state jurisdiction from which cases are brought or removed. DTSA will apply to any acts of trade secret misappropriation that take place AFTER the act is signed into law (not retroactive). The Statute of Limitations will be 3 years according to the actual text linked above, but some commentators have stated that it is 5 years (we will need to check to get accurate information on the SOL and will follow up).

The DTSA contains an important and somewhat controversial “Civil Seizure” provision which renders it different from most state laws and which reads:

“(i) APPLICATION.—Based on an affidavit or verified complaint satisfying the requirements of this paragraph, the court may, upon ex parte application but only in extraordinary circumstances, issue an order providing for the seizure of property necessary to prevent the propagation or dissemination of the trade secret that is the subject of the action.”

This provision is controversial because it can be ordered by a court ex-parte. By amendment, the words “but only in extraordinary circumstances” were added to attempt to mollify some critics of this provision. However, there are some strict limitations to the ex-parte injunctions and a couple of them are below:

“(ii) REQUIREMENTS FOR ISSUING ORDER.—The court may not grant an application under clause (i) unless the court finds that it clearly appears from specific facts that—

“(I) an order issued pursuant to Rule 65 of the Federal Rules of Civil Procedure or another form of equitable relief would be inadequate to achieve the purpose of this paragraph because the party to which the order would be issued would evade, avoid, or otherwise not comply with such an order;

“(II) an immediate and irreparable injury will occur if such seizure is not ordered.”

Such ex-parte injunctions must be very specific and the court must go to great lengths not to overreach or to punish through publicity an accused wrongdoer during the period of seizure. There are other typical requirements for injunctions like posting of security and careful management of the seized materials, and the accused wrongdoer has a right of action back against the claimant if the seizure turns out to be wrongful or excessive.

In an action for misappropriation, a court may order injunctive relief and may

“(B) award—

“(i) (I) damages for actual loss caused by the misappropriation of the trade secret; and

“(II) damages for any unjust enrichment caused by the misappropriation of the trade secret that is not addressed in computing damages for actual loss; or

“(ii) in lieu of damages measured by any other methods, the damages caused by the misappropriation measured by imposition of liability for a reasonable royalty for the misappropriator’s unauthorized disclosure or use of the trade secret;

“(C) if the trade secret is willfully and maliciously misappropriated, award exemplary damages in an amount not more than 2 times the amount of the damages awarded under subparagraph (B); and

“(D) if a claim of the misappropriation is made in bad faith, which may be established by circumstantial evidence, a motion to terminate an injunction is made or opposed in bad faith, or the trade secret was willfully and maliciously misappropriated, award reasonable attorney’s fees to the prevailing party.”

It is unclear as to how this bill will be enforced against foreign Trade Secret theft, or if there will even be jurisdiction under this act for such claims. We will follow up on that issue in future posts. See the Senate and House reports below which contain a substantial amount of background legislative history and commentary. Contact us for additional information. We will continue to study this new law and report to our readers.

Here is a link to the US Senate report on the bill: https://www.congress.gov/congressional-report/114th-congress/senate-report/220/1

Here is a link to the US House report on the bill: https://www.congress.gov/congressional-report/114th-congress/house-report/529/1

Sneath, Henry 2012 headshot

Henry M. Sneath, Esquire – 412-288-4013 or hsneath@psmn.com

Follow me on Twitter @picadiosneath and on Google+: http://tinyurl.com/ktfwrah

 

 

Pittsburgh Court Rules on Data Breach Class Claims – Denying Cause of Action

Posted By Henry M. Sneath, Chair of the Cybersecurity and Data Breach Prevention and Response Team at Pittsburgh, Pa. law firm Picadio Sneath Miller & Norton, P.C.  hsneath@psmn.com or 412-288-4013

537047_70437721A Pittsburgh, Pennsylvania Judge has ruled at the trial court level that there is no private cause of action for the alleged failure of a major hospital network to secure and protect PII and PHI. Denying Class claims, Judge Wettick has ruled that because the legislature has not created such a right, that only the Pennsylvania Attorney General has the right to bring a claim in this circumstance. See the Legal Intelligencer article here: http://tinyurl.com/nphostc  We will get more details on this case and pass them along with our analysis.