Posted In:Legal Archives - Pligg

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Can We Expect More Data Breach Lawsuits in the Future?

March 22, 2017 - By 
data breach litigation

A company is never 100% protected from cybercriminals, hackers and nation-state actors, even with proper security measures.

With technology advancing, so is security, but also, so is cyber crime. Are data breach lawsuits going to be a new precedent?

What is it?

A data breach is an incident that involves the unauthorized or illegal viewing, access or retrieval of data by an individual, application or service. It is a type of security breach specifically designed to steal and/or publish data to an unsecured or illegal location.

In recent news…

To the well known Target Store, one of the largest data breaches in history occurred between Nov. 27 and Dec. 15, 2013, just as the busy holiday shopping season was underway.

Information from as many as 40 million credit and debit cards was stolen.

Investigators believe the thieves captured the information by installing software on payment terminals customers used to swipe their payment cards at checkout.

Nearly all of Target’s 1,797 stores in the United States were affected.

At least 15 lawsuits were filed by the end of 2013, seeking millions of dollars in damages. The harm was so widespread that the Department of Justice began its own investigation into the breach.

Many of the major data breaches that have occurred within the past few years have faced class-action lawsuits and then settled, never facing time in court.

This is likely because the company that was breached has no defense, like in the case of Target, and settling allows the company to move forward quickly and maybe escape the media spotlight.

Future precedent?

According to various reports, incidences of data breaches and their corresponding litigation are rising by 25 to 30 percent every year.

High-profile lawsuits involving companies such as Target, eBay, and Home Depot have drawn attention to the issue. One Rhode Island attorney says the lawsuits will keep coming this year as plaintiffs lawyers try out new theories of liability.

The precedent set in the Circuit Court could mean more data breach lawsuits will be filed in the future, regardless of whether or not the customer or employee data has been exploited, leading to even higher data breach costs for enterprises.

Who can help

Data breach lawyers have extensive experience in protecting against data breach liability, formulating responses to data breaches, and protecting and advising companies that have been a victim of a data breach. Data breach attorneys can help you with:

  • Data breach liability analysis;
  • Data breach response plans;
  • Compliance with state data breach law;
  • Compliance with international data breach law;
  • Data breach notifications; and
  • Data breach litigation

So…

It doesn’t look good.

Whether hackers are looking for credit card numbers in poorly guarded point-of-sale systems or searching for personally identifiable information in the next vulnerable technology, the influx of data breaches continues and the lawsuits show no signs of slowing down.

To avoid being a victim of data breaching, I’ll leave you with a list of ways to stay safe:

  1. Institute end-user awareness policy
  2. Craft an encryption policy
  3. Install intrusion detection and prevention
  4. STOP drive-by downloads
  5. Perform regular vulnerability assessments
  6. Employ inside prevention monitoring
  7. Back it up!

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Car Accident Got You Down? How an Attorney Can Help

February 8, 2017 - By 
Car Accident

Getting into a car accident is one of the scariest things many people face. It might seem trivial to some, but look at it from another perspective.

Your 4,000-pound metal vehicle just smashed into another 4,000 pounds of steel. That’s nothing to scoff at, and obviously, has the potential to cause bodily harm.

In the aftermath of an automotive accident, most people are just thankful to have survived.

We often see people so shaken by their accidents that they forget all about insurance claims and medical bills.

This is what really comes back to haunt people after a crash. Your broken ankle will heal, but the bills don’t magically disappear.

If you thinking, “This will never happen to me,” you’re not being realistic. Insurance companies estimate that you’ll file a collision claim once every 17.9 years.

It’s important to understand how an experienced car accident attorney can help mitigate your bills after an accident.

Reach Out

The first step in mitigating your bills is finding an accident attorney. It sounds simple, but not every attorney is reputable.

They also aren’t all experienced in your particular area. Hiring a large firm has benefits, but local attorneys usually have working relationships with local courts.

Our recommendation is hiring a local law firm if possible. This way you get the best of both worlds.

Once you’ve found potential lawyers, reach out to them.

Most attorneys offer free consultations where they’ll decide if your case is worth taking, and explain to you what legal battles you’re facing.

What Can An Attorney Do?

An experienced auto accident attorney focuses primarily on determining fault, suing if necessary, and handling your insurance company.

Once you’ve hired an attorney, there are certain steps both yourself and you counsel will take to ensure your fair treatment.

The first thing any attorney does is get all of the details from the accident. They’ll want to know everything you remember and eventually will reconstruct the accident to prove you’re at no fault.

This is very important because fault helps determine what your insurance company is willing to pay. It also plays a part in potential court proceedings.

If your attorney finds that you’re not at fault for the accident, the next step is determining what the other party’s insurance company is willing to pay.

We won’t sugar coat it, they usually make a lowball offer. Sometimes in “no fault” states, the other person’s insurance isn’t liable for more than a certain amount.

If their insurance company refuses to pay (and they’re within their legal rights), then your attorney will file a lawsuit against the other person involved.

These lawsuits primarily cover medical bills, so don’t feel bad about suing. You don’t want to drown in medical debt because of an accident that you didn’t cause.

That’s not just, and most people on the other side of the matter understand this.

An attorney’s final job is to advise you until any lawsuits conclude. The advice can cover anything from worker compensation questions, to when to take a settlement.

If you’re hurt in an auto accident, don’t hesitate to call an attorney. Your rights and your wallet deserve experienced legal representation.