In response to the COVID-19 pandemic, as of this writing, a growing number of states, including California, Illinois, Connecticut, New York, New Jersey, Ohio, Illinois, Pennsylvania and Wisconsin, as well as large cities,...more
New Year’s is a time to look back on the happenings of the year and focus on the lessons and reminders those events have provided. For our final newsletter of the year, we’d like to share with you our top 10 most read posts...more
12/31/2018
/ Banking Sector ,
Blockchain ,
Connected Items ,
Cryptocurrency ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Distributed Ledger Technology (DLT) ,
Drones ,
Federal Aviation Administration (FAA) ,
Financial Conduct Authority (FCA) ,
Hackers ,
Initial Coin Offering (ICOs) ,
Investment Opportunities ,
Personally Identifiable Information ,
Popular ,
Wells Fargo
For data security buffs like me, the recent McAfee® Labs Threats Report, December 2018 is, or should be, a top pick on the list. Well, maybe not for the holiday reading list. We need to be careful not to bring up the results...more
12/27/2018
/ Article III ,
Cyber Crimes ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Protection ,
Driverless Cars ,
Drones ,
Experian ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Information Technology ,
OCR ,
Public Health ,
Risk Management ,
Smart Devices ,
Standing ,
Transportation Industry ,
Vaccinations ,
Value-Based Care ,
Vulnerability Assessments
A federal judge recently held that mere allegations that a healthcare provider’s patient information portal failed to utilize sufficient security measures, without allegations of an actual breach, were insufficient to confer...more
A report released by cybersecurity firm Agari has come to conclusion that we have been experiencing all year—a hacking group in Nigeria, dubbed “London Blue,” is targeting CFOs and controllers from small businesses to...more
12/17/2018
/ Bitcoin ,
CFOs ,
Cyber Crimes ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Drones ,
FinTech ,
Google ,
Hackers ,
HIPAA Breach ,
Marriott ,
OCR ,
OSHA ,
Pensions ,
PHI ,
Retirement Plan ,
Safety Inspections ,
Securities Litigation ,
Smart Contracts ,
Stock Prices ,
Vulnerable Victims ,
Workplace Safety
United American Corp., operating as UnitedCorp, filed a lawsuit in the United States District Court for the Southern District of Florida last Thursday alleging that several prominent figures in the Bitcoin cryptocurrency...more
Non-profit organizations collect, use and disclose personal information just like any other for-profit industry. However, non-profit organizations often don’t have the same resources to devote to data security as their...more
11/5/2018
/ Artificial Intelligence ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Driverless Cars ,
Drones ,
Ford Motor ,
FTC Guidelines ,
General Data Protection Regulation (GDPR) ,
Hackers ,
Malware ,
Nonprofits ,
Ransomware ,
Regulatory Standards ,
Sandbox ,
Settlement Negotiations ,
Spoofing ,
U.S. Treasury ,
Yahoo!
We previously wrote about the Yahoo data breaches, subsequent class action pending in California, and the company’s estimate of potential settlement costs. Based on the Plaintiffs’ recent Motion for Preliminary Approval of...more
This week the Securities and Exchange Commission (SEC) issued an investigative report that outlined cyber incidents that nine public companies had experienced, causing fraudulent losses totaling more than $100 million. The...more
10/22/2018
/ Anthem Insurance ,
Cyber Attacks ,
Cyber Threats ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Drones ,
Email ,
Facebook ,
Federal Trade Commission (FTC) ,
Hackers ,
Healthcare ,
HIPAA Breach ,
Internal Controls ,
Microsoft ,
New Legislation ,
OCR ,
Personally Identifiable Information ,
Popular ,
Securities and Exchange Commission (SEC) ,
Social Media ,
State and Local Government ,
Surveillance
As we previously noted, Facebook originally announced a breach late last month, where hackers took advantage of a code vulnerability in the website’s “View As” feature, to access user’s data. ...more
10/18/2018
/ Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Facebook ,
General Data Protection Regulation (GDPR) ,
Hackers ,
Personal Data ,
Personally Identifiable Information ,
Popular ,
Social Media ,
Social Networks
The State of California is once again leading the way with trying to keep up with technology and protecting consumers. Senate Bill 327 requires Internet of Things (IoT) developers to implement “reasonable security features”...more
10/1/2018
/ Biometric Information ,
Biometric Information Privacy Act ,
Blockchain ,
COPPA ,
Cyber Attacks ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Collection ,
Data Protection ,
Drones ,
Fingerprints ,
General Data Protection Regulation (GDPR) ,
Hackers ,
Hurricane Florence ,
Insurance Claims ,
Internet of Things ,
Online Safety for Children ,
Passwords ,
Popular ,
Property Damage ,
Settlement ,
State Farm ,
Uber
As many of our readers know, the General Data Protection Regulation (GDPR) imposes significant obligations and responsibilities on entities with regard to data protection and privacy for all individuals within the European...more
10/1/2018
/ Corporate Counsel ,
Cyber Insurance ,
Cybersecurity ,
Data Breach ,
Data Processors ,
Data Protection ,
EU ,
EU Data Protection Laws ,
General Data Protection Regulation (GDPR) ,
International Data Transfers ,
Liability Insurance ,
Personal Data ,
Personally Identifiable Information ,
Policy Terms ,
Risk Management
We all remember Kronos—the malicious malware that was sold by Russian underground forums in 2014 for $7,000. If you bought it, you were promised updates and development of new modules. The Kronos developers recently released...more
9/17/2018
/ Adidas ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Drones ,
Federal Aviation Administration (FAA) ,
Hackers ,
Healthcare ,
HIPAA Breach ,
Hurricane Season ,
Malware ,
OCR ,
Personally Identifiable Information ,
Popular ,
Putative Class Actions ,
Scams ,
Unmanned Aircraft Systems
On June 28, 2018, Adidas released a statement announcing that it recently “became aware that an unauthorized party claims to have acquired limited data associated with certain Adidas consumers.”...more
9/13/2018
/ Adidas ,
Breach of Contract ,
Data Breach ,
Financial Fraud ,
Hackers ,
Identity Theft ,
Implied Contract ,
Negligence ,
Personally Identifiable Information ,
Putative Class Actions ,
Removal ,
Unfair or Deceptive Trade Practices
We reported last week that a spyware maker recently compromised users’ and victims’ sensitive information. Since that time, another spyware maker, mSpy, which holds itself out as having over a million users employing its...more
9/11/2018
/ Banking Sector ,
Class Action ,
Class Certification ,
Consumer Privacy Rights ,
Criminal Convictions ,
Critical Infrastructure Sectors ,
Cyber Attacks ,
Cybersecurity ,
Cybersecurity Framework ,
Data Breach ,
Financial Services Industry ,
Hackers ,
Insurance Industry ,
Legislative Agendas ,
NYDFS ,
Pending Legislation ,
Personally Identifiable Information ,
Popular ,
Spyware ,
State and Local Government ,
Vulnerability Assessments ,
Yahoo!
We previously noted that in late 2016, Yahoo disclosed that it had experienced multiple data breaches relating to what turned out to be roughly three billion of its accounts. ...more
9/7/2018
/ Amended Complaints ,
Article III ,
Breach of Contract ,
Class Action ,
Class Certification ,
Covenant of Good Faith and Fair Dealing ,
Cybersecurity ,
Data Breach ,
Hackers ,
Implied Covenants ,
Leave to Amend ,
Motion to Dismiss ,
Personally Identifiable Information ,
Standing ,
Unfair Competition Law (UCL) ,
Yahoo!
Russian Hackers Successfully Phished Hundreds of U.S. Companies Last Year -
The Department of Homeland Security (DHS) has indicated that Russian hackers successful attacked the energy, nuclear, aviation, and critical...more
8/6/2018
/ Cyber Attacks ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Homeland Security (DHS) ,
Drones ,
Federal Aviation Administration (FAA) ,
Hackers ,
Popular ,
Russia ,
Spoofing
As we noted earlier this year, Saks Fifth Avenue LLC, Saks Incorporated, and Lord & Taylor previously disclosed, on April 1, 2018, that some of their customers’ personal information may have been compromised in a data breach....more
Cisco Talos has discovered a new menace to iPhone users—a sophisticated malware campaign targeting iPhones to trick users into downloading an open-source Mobile Device Management (MDM) solution that gives the hackers control...more
7/23/2018
/ Baseball ,
Cyber Attacks ,
Cybersecurity ,
Data Privacy ,
Drones ,
Electronic Medical Records ,
Event Tickets ,
Health Care Providers ,
iPhone ,
Malware ,
Medical Devices ,
Personally Identifiable Information ,
PHI ,
Popular
Earlier this year, Governor Charlie Baker signed into law an Act to Protect Access to Confidential Healthcare (the PATCH Act), which prevents information regarding “sensitive health care services” from being shared with...more
On the heels of the ransomware that had the City of Atlanta scrambling last week, New York City Mayor Bill de Blasio announced the launch of “NYC Secure,” a free mobile app that will alert New York City residents of...more
4/10/2018
/ Blockchain ,
Cambridge Analytica ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Distributed Ledger Technology (DLT) ,
Drones ,
Electric Vehicles ,
Electronically Stored Information ,
Facebook ,
Legislative Agendas ,
New Legislation ,
Part 107 ,
Personal Data ,
Proposed Legislation ,
Ransomware ,
Social Media ,
State Data Breach Notification Statutes ,
Taxi Cabs ,
US v Microsoft
Russians Continue to Attack U.S. Energy and Power Sectors -
Late last week, a joint statement by the Department of Homeland Security and the Federal Bureau of Investigation confirmed that the Russian government has been...more
3/23/2018
/ Cambridge Analytica ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Driverless Cars ,
Drones ,
Energy Sector ,
Exports ,
Facebook ,
Hackers ,
Online Travel Vendors ,
Orbitz ,
Personally Identifiable Information ,
Russia ,
Trump Administration ,
Uber ,
UK Data Protection Act ,
Unmanned Aircraft Systems
Recently, in Mallek v. Allstate Indem. Co. No. 17-CV-5949-KAM-SJB, 2018 U.S. Dist. LEXIS 42171 (E.D.N.Y. Mar. 12, 2018) [insert link], a federal magistrate in New York recommended that the Court deny a plaintiff’s motion to...more
3/23/2018
/ Allstate ,
Bad Faith ,
Denial of Insurance Coverage ,
Fire Damage ,
Fraudulent Joinder ,
Homeowner's Insurance ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Motion to Remand ,
Property Damage
Courts are often faced with the dilemma of applying centuries, or even decades, old law to constantly evolving technological advancements. See, e.g., Transcript of Oral Argument, United States v. Microsoft, No. 17-2 (U.S....more
As of February 15, 2018, banks, insurance companies, and other financial services institutions and licensees regulated by the New York Department of Financial Services (DFS) are required to file their first certification of...more
2/16/2018
/ Banking Sector ,
Bitcoin ,
Blockchain ,
Chief Information Security Officer (CISO) ,
Cybersecurity ,
Cybersecurity Framework ,
Data Privacy ,
Data Protection ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Drones ,
Extortion ,
Financial Institutions ,
Financial Services Industry ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Information Technology ,
Insurance Industry ,
Medical Records ,
No-Fly Zones ,
NYDFS ,
Olympics ,
Popular ,
Risk Management ,
Virtual Currency