Chili’s Carefully Announces Limited Data Breach

On May 11, 2018, Chili’s Grill & Bar learned that “some of [their] guest’s payment card information was compromised at certain Chili’s restaurants” as the result of a “data incident,” according to a press release on the company’s website. Preliminary investigations suggest malware was used to gather payment card information for purchases between March and April 2018. While such data incidents are increasingly common, Chili’s press release is notable for two reasons. Firstly, The release, presented as a letter to “valued guests,” provided… Continue Reading

The SEC Imposed its First Data-Breach Related Disclosure Penalty

On the heels of the Securities and Exchange Commission (SEC) February 20, 2018 guidance on cybersecurity-related disclosures, the SEC imposed its first data breach related enforcement penalty. It should come as no surprise that the SEC’s first penalty was levied against Yahoo arising from its massive 2014 data breach. The $35 million penalty was, as the SEC stated in its April 24 press release, intended “to settle charges that [Yahoo] misled investors by failing to disclose one of the world’s largest data breaches… Continue Reading

The Yahoo Class Action: Plaintiff’s Bar Finds a New Cottage Industry

The only “surprise” in the Yahoo class action complaint, filed Friday, September 23, 2016, is that Yahoo issued a press release announcing the breach a mere one day earlier.  The class action complaint, undersigned by three law firms in San Francisco, Boca Raton, and New York, seeks certification for: “All persons within the United States whose personal information was accessed following the data breach that Yahoo announced in a press release on September 22, 2016.”  Indeed, the complaint makes a number of allegations relating directly… Continue Reading