Reversing the decision of the lower court, the U.S. First Circuit Court of Appeals recently held in Anderson v. Hannaford Bros. Co. that under Maine law, claims for breach of contract and negligence can be premised on the cost of replacing credit/debit cards whose numbers had been breached and the cost of credit insurance where the card numbers had been intentionally stolen by sophisticated thieves who actually used that data for fraudulent purposes.  In reaching this conclusion, the court’s novel opinion differentiated numerous cases in which courts have held that similar claims of damages were insufficient to allow cases to move forward.  Although reaching a novel result, the First Circuit decision in Hannaford might have limited effect on future litigation because of the rather unique fact pattern on which the court of appeals’ opinion rests.Continue Reading First Circuit Holds That Mitigation Costs Are Sufficient To Support Claims in Card Breach Case

As The Hill and other news outlets are reporting, Sen. Richard Blumenthal (D-CT) — who previously was one of the most active state attorneys general on privacy and data security issues before joining the Senate in 2011 — has introduced data protection legislation. This will be the eighth breach notification bill introduced on Capitol Hill

The fallout from the last month’s data breaches of Sony’s PlayStation Network and its Online Entertainment service continued this week. 

  • On Tuesday, Sen. Richard Blumenthal (D-CT) sent a follow-up letter to Sony saying he is “deeply concerned about the egregious inadequacy of Sony’s efforts thus far to notify its customers of these breaches,” and New