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  Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
 
 

February 2012     MCLE Test and Answer Sheet

Test No. 211 : Into the Breach

 
 

Instructions for Obtaining MCLE Credit

The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 for non-LACBA members) to:

Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4. You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
  Test Sheet
 
 

Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*  

1. Over the past five years, the frequency of data security breaches has decreased.
 True.
 False.

2. Pursuant to Article III of the U.S. Constitution, a plaintiff has standing in federal court if the plaintiff has suffered an "injury in fact" that is "concrete and particularized" and "actual or imminent."
 True.
 False.

3. The Seventh Circuit was the first circuit to recognize Article III injury-in-fact based upon risk of future harm caused by a data breach.
 True.
 False.

4. All circuits have followed the Seventh Circuit finding that a data breach that harms a plaintiff only by increasing the risk of future harm is enough to confer Article III standing.
 True.
 False.

5. Plaintiffs have brought claims for increased risk of identity theft due to data breach under various theories except:
 A. Negligence.
 B. Defamation.
 C. Unfair consumer practices.
 D. Breach of contract.

6. The Sixth Circuit has stated that waiting for a plaintiff to suffer injury before allowing any legal recourse may be harsh and economically inefficient.
 True.
 False.

7. Courts have held that plaintiffs who have been exposed to health or medical risks are entitled to medical monitoring, even when the plaintiffs have not yet shown physical harm.
 True.
 False.

8. The Ninth Circuit considered--but did not grant--monitoring relief to data breach plaintiffs in Stollenwork v. Tri-West Health Care Alliance.
 True.
 False.

9. Emotional distress damages are typically not available in contract cases even when actual harm is proved.
 True.
 False.

10. More than 40 states have passed laws that create a civil cause of action for failure to secure data.
 True.
 False.

11. Texas enacted the first data breach security law.
 True.
 False.

12. The California Security Breach Information Act does not require businesses to notify consumers when their data has been breached.
 True.
 False.

13. Illinois expressly allows for recovery of economic losses in data breach cases by deeming a violation of the state's data breach statute to also be a violation of the Illinois Consumer Fraud and Deceptive Business Practices Act.
 True.
 False.

14. Which state recently considered a bill that would authorize "any person who is affected by a security breach that creates a risk of harm of identity theft" to sue for actual or statutory damages?
 A. Montana.
 B. New York.
 C. California.
 D. Hawaii.

15. California recently passed a bill that requires restitution payments from criminal defendants to their identity theft victims.
 True.
 False.

16. The American Recovery and Reinvestment Act of 2009 includes a nationwide data breach notification law.
 True.
 False.

17. The HITECH Act allows covered entities to wait up to a year before notifying individuals whose "protected health information" has been breached.
 True.
 False.

18. The Veterans Benefits, Health Care, and Information Technology Act of 2006 requires the Department of Veterans Affairs to provide free credit monitoring to parties affected by a data breach if there is a "reasonable risk" for misuse of the information.
 True.
 False.

19. In data breach settlements approved by courts over the past few years, the relief includes free credit monitoring services to at-risk parties and identity theft funds to reimburse losses and related expenses stemming from the security breach.
 True.
 False.

20. In Claridge v. RockYou, Inc., the district court judge ruled that claims for breach of contract and negligence based on potential identity theft could proceed.
 True.
 False.

Address and Billing

After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.


 
Before clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are answered.

* The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by the State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by the State Bar of California in the amount of one hour.

 


 
   
 

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