Cynthia Larose

Cynthia Larose

Mintz Levin

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It’s Tax Time – Don’t be Phished

It’s that taxing time of the year. Employees have received W-2 forms and the tax filing season has begun in earnest. And, as night follows day, last year’s W-2 spear-phishing scam has returned. The IRS and state tax...more

2/2/2017 - Cybersecurity IRS Phishing Scams W-2

SEC May Leverage Investigation of Yahoo! Data Breaches to Clarify Prior Guidance

The Securities and Exchange Commission (SEC) is investigating whether Yahoo! should have reported the two massive data breaches it experienced earlier to investors, according to individuals with knowledge. The SEC will...more

1/27/2017 - Breach Notification Rule Cybersecurity Data Breach SEC Verizon Yahoo!

#MLWashingtonCyberWatch: Nominees Discuss Future of Cybersecurity

With Inauguration Day upon us, it’s time for a #MLWashingtonCyberWatch update. President-elect Donald Trump has vocalized his support for the future of “cyber” throughout his campaign – but how will members of his cabinet...more

1/20/2017 - Attorney Generals Congressional Nominations Cybersecurity DHS Nominee Directors Trump Administration

FTC Takes Action Against D-Link for Deceptive Practices Endangering the IoT

The U.S. Federal Trade Commission (“FTC”) has filed a lawsuit against device manufacturer D-link for allegedly deceiving the marketplace about the security of its products and, in turn, unfairly placing customer privacy at...more

1/13/2017 - Cybersecurity Data Protection FTC Hackers Internet of Things Manufacturers NIST

The FINRA WORM Turns

It’s a new year, and time for the Financial Industry Regulatory Authority (FINRA)’s annual Regulatory and Examination Priorities Letter (the “2017 Letter”) We remind regulated entities of this list of examination...more

1/6/2017 - Cybersecurity Electronically Stored Information FINRA

New York Delays Cybersecurity Rules for Banks/Insurers Until March 1, 2017

The New York State Department of Financial Services has announced — much to the relief of the multitude of financial services companies and insurers regulated by DFS — that it will revamp its recently proposed cybersecurity...more

1/5/2017 - Banks Cybersecurity Department of Financial Services Financial Institutions Financial Services Industry NYDFS

#MLWashingtonCyberWatch: White House Releases Cybersecurity Report Aimed at New Administration

The Obama White House has grappled with cybersecurity more than any administration in history: China’s 2009 hack of Google, the 2015 Office of Personnel Management breach, and the recent investigation of Russian cyberattacks...more

12/14/2016 - Cybersecurity Obama Administration Research and Development Strategic Planning Trump Administration

House Energy & Commerce Committee Holds Hearing on Security of the Internet of Things

The growing scale of cybersecurity concerns is prompting action from government leadership on the federal level. Before the Thanksgiving recess, the House’s Committee on Energy and Commerce got in on the act when two of its...more

12/1/2016 - Cybersecurity Data Breach Distributed Denial of Service Internet of Things

The Cyber President? What To Expect From the Trump Administration On Cybersecurity And Privacy

Even president-elect Donald Trump has been the victim of a data breach. Several times actually. The payment card system for his Trump Hotel Collection was infected by malware in May 2014 and 70,000 credit card numbers were...more

11/17/2016 - Cybersecurity Cybersecurity Information Sharing Act (CISA) Data Security EU Data Protection Laws EU-US Privacy Shield Internet of Things Presidential Elections Trump Administration US-EU Safe Harbor Framework

How did the Internet of Things allow the latest attack — on the Internet?

Over the last week, details have become available to explain how an attack against a well-known domain name service (DNS) provider occurred. What about the potential legal risks? We will attempt to provide insights into...more

10/28/2016 - Cybersecurity Denial of Service Attacks Domain Names Internet Internet of Things

3 Guidelines to Maximize Value of Data

Imagine you are the CEO of company sitting across from an interviewer. The interviewer asks you the age old question, “So tell me about your company’s strengths and weaknesses?” You start thinking about your competitive...more

10/24/2016 - Cybersecurity Data Breach Data Collection Data Protection Data Security

New York Proposes First-Ever Cybersecurity Regulation for Financial Institutions

The New York Department of Financial Services recently announced a new proposed rule, which would require financial institutions and insurers to implement strong policies for responding to cyberattacks and data breaches. ...more

9/19/2016 - Cyber Attacks Cybersecurity Data Breach Financial Institutions Financial Sector

Eddie Bauer Latest Victim of POS Malware Attack

Last week the clothing retailer Eddie Bauer LLC issued a press release to announce that its point of sale (“POS”) system at retail stores was compromised by malware for more than six months earlier this year. The...more

8/23/2016 - Cybersecurity Data Breach Malware Point of Sale Terminals Retail Sales State Data Breach Notification Statutes

FinTech Companies Face Big Privacy Challenges in 2016

According to the FBI, “there are only two types of companies: those that have been hacked and those that will be.” It does not take an actual data breach, however, for a company to be liable for its data security practices. ...more

7/20/2016 - CFPB Cybersecurity Data Breach Data Collection Data Privacy Data Security Dwolla FinTech FTC v Wyndham Hackers Personal Data Privacy Laws

EU Adopts Cybersecurity Directive: What US Companies Need to Know

Not all the news coming out of Europe these days is about Brexit. In fact, the forces of unity and harmonization remain a top priority for European regulators hoping to combat digital security threats and create a safer and...more

7/11/2016 - Amazon Cyber Incident Reporting Cyber Threats Cybersecurity Digital Service Providers Digital Single Market eBay EU European Commission Google International Harmonization Member State Multinationals Network and Information Security Directive Operators of Essential Services

Colorado Student Data Privacy Bill – What EdTech software providers need to know

Colorado is the latest state to revisit, and expand upon, its laws pertaining to the use and protection of student data. Colorado Governor John Hickenlooper recently signed into law House Bill 16-1423 (the “Bill”) designed to...more

6/28/2016 - Cybersecurity Data Collection Data Protection Data Security Educational Institutions Personally Identifiable Information Public Schools Software Student Privacy

“Interim” No More: DHS and DOJ Publish Final CISA Guidance on Cybersecurity Sharing

The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have issued the long-awaited final procedures for both Federal and Non-Federal Entities under the Cybersecurity Information Sharing Act (CISA)...more

6/20/2016 - Cyber Threats Cybersecurity Cybersecurity Information Sharing Act (CISA) DHS DOJ Information Sharing Private Sector

PCI DSS 3.2: It’s here, what does it mean for you?

The Payment Card Industry Security Standards Council (PCI SSC) has released a new version of its data security standard for the protection of cardholder data, the Payment Card Industry Data Security Standard (PCI DSS). PCI...more

5/9/2016 - Cyber Attacks Cybersecurity Data Security Debit and Credit Card Transactions Fraudulent Charges PCI-DSS Standard SSL

State Data Security Breach Notification Laws - April 2016

The general definition of “personal information” used in the majority of statutes is: An individual’s first name or first initial and last name plus one or more of the following data elements: (i) Social Security number, (ii)...more

4/4/2016 - Breach Notification Rule Corporate Counsel Cybersecurity Data Breach Data Security Personally Identifiable Information Popular Young Lawyers

CISA Guidelines: Privacy and Civil Liberties Interim Guidelines for Federal Agencies

Last week, we discussed the Federal government’s first steps toward implementing the Cybersecurity Information Sharing Act (CISA). Among the guidance documents released by the Department of Homeland Security and the...more

3/2/2016 - Cybersecurity Cybersecurity Information Sharing Act (CISA) Fair Information Practice Principles (FIPPs) Information Sharing Transparency

California by the Numbers (Part 1): 24 Million Compromised in 2015

California Attorney General Kamala Harris has released a report of the data breaches that have been reported to her office from 2012 until 2015. Although the California data breach notification law took effect in 2003,...more

2/27/2016 - Attorney Generals Cybersecurity Data Breach Data Protection Hackers Kamala Harris Malware Social Security Numbers

California by the Numbers (Part 2): How to Stay out of the 2017 Report

Receently, we reviewed the staggering numbers in California Attorney General Kamala Harris’ 2016 Data Breach Report. In addition to providing a comprehensive analysis of four years of data breaches, the report provides...more

2/26/2016 - Annual Reports Attorney Generals Cybersecurity Data Breach Data Protection Kamala Harris

Cybersecurity Tops SEC Office of Compliance Inspections 2016 Examination Priorities

The 2016 lists are starting to be released by regulatory agencies in the United States, giving a heads’ up to covered entities as to what compliance issues will take front and center this year. Once again, the Office of...more

1/13/2016 - Broker-Dealer Cybersecurity Investment Adviser OCIE SEC SEC Examination Priorities

The Problem With Data Security is not the Hardware or the Software, It’s the Wetware

Remember this? - “Wetware” – coder slang for biological life forms (i.e., people) – is the weak link in most companies’ data security protections, according to a new data security report issued by the Association of...more

1/13/2016 - Cybersecurity Data Breach Data Security Employee Training Popular

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