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Data Breach Litigation Report: An Analysis of Federal Class Action Lawsuits Involving Data Security Breaches

Data security breaches – and data security breach litigation – dominated the headlines in 2015 and continue to do so in 2016.  While data breach litigation is an important topic for the general public, and remains one of the top concerns of general counsel, CEOs, and boards alike, there remains a great deal of misinformation reported by the media, the legal press, and law firms. At best this is due to a lack of knowledge and understanding concerning data breach litigation; at worst some reports border on sensationalism or fearmongering.

Bryan Cave LLP began its survey of data breach class action litigation four years ago to rectify the information gap and to provide clients, as well as the broader legal, forensic, insurance, and security communities, with reliable and accurate information concerning data breach litigation risk.  The 2016 report covers litigation initiated over a 15 month period from the fourth quarter

Credit Card Data Breaches: Protecting Your Company from the Hidden Surprises

Debit and credit cards are now the primary form of retail payment. Many retailers may not realize, however, that by accepting credit cards, they expose themselves to the risk of a data security breach and significant potential costs and legal liabilities.

Retailers should consider the major sources of direct costs following a data breach. These costs always include the retaining of a PCI (payment card industry) certified forensic investigator as required by the PCI Council. Costs also typically include the retaining of a privileged forensic investigator (often by the retailer’s law firm or general counsel); the hiring of outside counsel; public relations and crisis management; and consumer notification including printing and mailing costs and protection services offered to consumers.

In addition to the direct costs following a data breach, retailers often face three forms of liability from third parties: payment card brand fees; regulatory costs arising from investigations from the

Payroll and HR Professionals Beware: Phishing Schemes are now Trying to Lure You

The IRS recently issued an alert regarding e-mail phishing schemes unveiled this tax season that are designed to trick HR and payroll professionals into providing sensitive, personal information about employees. Unlike prior scams, the e-mails are no longer just designed to trick taxpayers into thinking the IRS is attempting to contact them for personal information.

Check out our Bryan Cave Benefits alert for more information on how to avoid this dangerous “phishing” scheme.

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