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Damage Control: After an Insider Breach

In the immediate aftermath of a major security or data breach companies should re-evaluate their risk management systems. In a previous post on insider threats, we outline what a company can do to prevent risks associated...more

Justice Department Provides Cybersecurity Guidance

In late April, the Department of Justice’s Cybersecurity Unit provided a set of voluntary best practices for companies faced with the prospect of data breaches. The DOJ’s best practices were expressly developed with smaller...more

DOJ Guidance for Victims of Cybercrime: The Dos and Do Nots of Cyber Preparedness

On April 29, 2015, the Cybersecurity Unit in the Computer Crime and Intellectual Property Section (CCIPS) of the U.S. Department of Justice released a best practices document (Document) for victims of cyber incidents. The...more

Two Oft-Neglected Cybersecurity Protections

With each passing year, cybercrime moves further into the mainstream of public company existence. What until recently was mostly an annoying, abstract concern for a handful of companies is now a daily menace that impacts...more

In-House Counsel: The Top 6 Risks (Part II of II)

In Part II on In-House Counsel, I examine the field of enforcement risks facing in-house counsel and outline my Top 6 Risks. The challenges facing in-house counsel are significant and growing. It is important to try and...more

FinCEN Proposes New Customer Due Diligence Requirement

On Feb. 29, 2012, the Financial Crimes Enforcement Network (FinCEN) issued an advance notice of proposed rulemaking (ANPR) seeking comments on a proposed customer due diligence (CDD) regulation that would explicitly require...more

US v. Nosal

Brief of Amicus Curiae Electronic Frontier Foundation Supporting The Appellee and Urging Affirmance

EFF urged a federal appeals court to dismiss charges that would turn any employee use of company computers in violation of corporate policy into a federal crime. In U.S. v. Nosal, an ex-employee is being prosecuted on the...more

Milan Court Finds Google Executives Criminally Liable: Why the Ruling is Controversial

On February 24, 2010, a Milan court found three senior Google executives criminally liable for data protection violations in relation to an offensive video that was posted on the Google Video site and remained available to...more

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