Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Tag Archives: Privacy Law

District Court Affirms Order Requiring Production of Cyber-Investigation Report after Considering Totality of Circumstances

As we previously reported, the Magistrate Judge in In re: Capital One Customer Data Security Breach Litigation, found that a forensic report that Capital One had claimed was protected by the privilege and work product doctrines needed to be produced because Capital One had not met its burden under the dual-purpose doctrine to show that … Continue Reading

Margaret Dale Explores Ways to Protect Privilege After Data Breach

Proskauer’s Vice-Chair of the Litigation Department and Minding Your Business blog editor, Margaret Dale was recently featured on Thomson Reuters’ Practical Law, where she explores ways that clients can protect privilege after a data breach. The first, “Protecting Privilege Basics,” identifies steps that can be taken by an organization to maximize the ability to successfully … Continue Reading

Data Breaches and Damages: Consumer Action Under the CCPA

With less than one month to go before the California Consumer Privacy Act of 2018’s (“CCPA”) effective date of January 1, 2020, businesses should be aware of the potential litigation that awaits them. The CCPA is a California privacy law that gives California consumers the rights to know about and control the personal information that … Continue Reading

CCPA: Consumers and the Right to Sue

The California Consumer Privacy Act of 2018 (“CCPA”) is a California privacy law that gives consumers, defined as natural persons residing in California, affirmative rights with respect to their data privacy.  Namely, the CCPA endows consumers with certain rights to access information about and control what a business does with their personal information.  (For an … Continue Reading
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