Medical device companies and manufactures of other connected devices need to be attentive to the ever-increasing risk of a cybersecurity breach affecting their own devices and the hospitals and other health care organizations where their devices are connected. Taking these challenges into consideration, the FDA has issued several guidance documents concerning cybersecurity for medical devices.
Data Breach Class Action Settlement Gets Final Approval – Payment to Be Made to Class Members Who Did Not Experience ID Theft
California Courts Limit Liability for Lost Medical Information
This post was also written by Joshua B. Marker.
A panel of the Court of Appeal limited the private right of action under the California Confidentiality of Medical Information Act, Civil Code § 56 et seq. (“CMIA”), holding that alleging negligent maintenance and loss of possession of confidential information is insufficient to state a cause
CalOPPA Enforcement Grounded, For Now
This post was also written by Joshua B. Marker and Tyler M. Layton.
In a significant victory, Delta Airlines’ demurrer to the enforcement action filed by the state of California was sustained without leave to amend. We previously wrote about the case here. California alleged that Delta’s mobile application was in violation of CalOPPA
Proposed Amendment Seeks to Pack More Punch Behind California’s “Shine the Light” Law
This post was also written by Joshua B. Marker.
A proposed amendment to California’s “Shine the Light” law seeks to require companies to disclose more detailed information about their data-sharing practices, while giving consumers the ability to bring class action lawsuits under the legislation.
Presently, Shine the Light requires companies doing business with
Mobile Privacy Best Practices: California Continues To Push Compliance
This post was also written by Joshua B. Marker and Timothy Nagle.
With the start of the new year, California has continued its push to take a leadership role in the realm of mobile privacy. The attorney general’s office recently released a mobile privacy best practices document, “Privacy On The Go: Recommendations For The
California Mobile Privacy Enforcement Takes Flight; All Companies Offering Mobile Apps to Consumers Should Prepare for Landing
This post was also written by Joshua Marker.
Following a year in which she repeatedly announced her intention to make mobile privacy a priority, California Attorney General Kamala Harris filed the first mobile privacy enforcement action against Delta Air Lines. The case, The People Of The State Of California v. Delta Air Lines, CGC-12-526741,
California’s Shine the Light Law: Litigation Update
This post was also written by Joshua Marker.
Earlier this year we wrote to you about an increase in litigation claiming violations of California’s Shine the Light law. Since that time, multiple courts have had the opportunity to interpret the law. This has brought some much-needed clarity to the exact contours of the
‘Shine the Light’ Class Action Litigation Heats Up in California
This post was also written by Joshua B. Marker and Christopher G. Cwalina.
Increasingly, consumers demand to know how the businesses they patronize use, share, and disclose personal information. California’s Shine the Light Act, California Civil Code 1798.83, is intended to meet this demand for transparency. The Shine the Light Act provides California residents a