Jacquot Comments on State Opposition to Proposed Breach Notification Law

04 April 2018 The Recorder News
Partner Joseph Jacquot was quoted in an article in The Recorder, “Why Becerra and Other State AGs Are Panning Proposed Federal Breach Notification Law,” about some states’ fear that proposed federal legislation would restrict their ability to pursue enterprises that keep data security breaches hidden.

Since the bill would only require companies to notify consumers of a data breach that poses a “reasonable risk” of injury, states would no longer be able to go after companies in federal court solely on the basis of them keeping breaches secret, Jacquot said. Under current law, state attorneys general have the ability to prosecute breached companies “even if a consumer is not harmed or injured,” he added.

Jacquot cited the $18.5 million settlement Target paid to 47 states and the District of Columbia in 2017 over a 2013 data breach, which was used to pay for attorney’s fees, investigative costs and the enforcement of state consumer protection laws. Under the proposed act, states would not be able to band together to obtain such a settlement.


The DOL Tries to Say Goodbye—And Seriously, We Mean It—to the 80/20 Rule for Tipped Employees
21 October 2019
Labor & Employment Law Perspectives
To Stalk or Not to Stalk . . . That Is the Question – Using Social Media for Applicant Review
21 October 2019
Labor & Employment Law Perspectives
New Patent Subject Matter Eligibility Updates Seeks Examination Predictability
21 October 2019
Legal News: Intellectual Property
Cryptocurrency in China is like BIG BROTHER in 1984!
20 October 2019
Internet, IT & e-Discovery Blog
PATH Summit 2019
18-20 December 2019
Arlington, VA
MedTech Impact Expo & Conference
13-15 December 2019
Las Vegas, NV
Review of 2020 Medicare Changes for Telehealth
11 December 2019
Member Call
BRG Healthcare Leadership Conference
06 December 2019
Washington, D.C.