Author Archives: Jim Potepan

Jim Potepan

About: Jim Potepan

Mr. Potepan is a shareholder in the firm’s intellectual property practice. He focuses his litigation practice on business torts that include copyright infringement, trademark infringement, right of publicity, trade secret misappropriation, false advertising, unfair competition, trade libel, defamation and economic interference claims. He represents clients in a wide range of industries, including consumer products, retail, e-commerce, fashion, entertainment, education and technology. He has successfully resolved more than 200 intellectual property disputes by way of settlement or trial. He leads a team of five lawyers in the firm’s Los Angeles office who litigate intellectual property matters throughout California.

The Cost of a Data Breach

In 2014, the Ponemon Institute published the 2014 Cost of Data Breach Study that includes interesting cost information related to remediation efforts undertaken by 61 companies that operate in the United States. The study reports that the average remediation cost for each lost or stolen record containing confidential or sensitive information was $201.  The average total cost of remediation efforts was $5.85 million per incident. The number of breached records per incident studied ranged from 5,000 to slightly more than 100,000 records.  The average number of breached records in the Study was 29,087.  The average cost of $201 per record …


What is “Personal Information?” It Depends on Where You Live

Breach notification statutes have been enacted in 47 states, the District of Columbia, Guam, Puerto Rico and the Virgin Islands.  Only Alabama, New Mexico and South Dakota have not adopted such laws.  In general, a business has no obligation to provide notification unless a breach compromises “personal information.”  There is no uniform definition of “personal information.”  It varies from state to state depending upon how “personal information” is defined in that state’s breach notification statute.  There are common elements found in all state statutes.  For instance, all the statutes define “personal information” to include: first name, last name, or first initial …