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How to Avoid Choosing the Wrong Cybersecurity Firm

Although the inherent nature of cybersecurity radiates urgency, businesses should not let this characteristic dictate the vendor selection process....more

SEC Issues New Guidance on Cybersecurity for Investment Companies and Investment Advisors

On April 28, 2015, the SEC's Division of Investment Management released a Guidance Update providing cybersecurity guidance for investment companies and investment advisors (firms). The SEC has prioritized cybersecurity as a...more

Court Affirms California Attorney General’s Demand for Confidential Donor List

Unwelcome news for charities concerned with donor confidentiality - A recent court ruling upheld the position of the California Attorney General (AG) requiring that charities located or operating in California provide a...more

Fitbit IPO Cyber Risk Disclosures

Earlier this month, fitness-tracking company Fitbit, Inc. filed a Form S-1 Registration Statement for an IPO of up to $100 million that exhaustively disclosed potential cybersecurity risks with respect to the personal data...more

Inside Insight: How the FTC Approaches Data Breach Investigations

A data breach hurts in a myriad of ways – the tarnished image of the breached company, the diminished consumer trust, and the bottom-line impact of remedial costs and lost business. The last thing a company already reeling...more

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

Data Breach Increases Show Importance of Data Security Compliance in Business Sector

Data breaches have seen a lot of media attention in the past year, but that should come as no surprise since 2014 was a record year for them. According to a report by the Identity Theft Resource Center, there were 783 tracked...more

Rise of the Video Vigilantes: Handling Secret Workplace Recordings

Video vigilantes are on the rise, and their recordings can quickly go viral. What should employers do to prepare for, handle and prevent covert recordings made in the workplace? Just a few short years ago HR and...more

Roadmap Offers Important Insights on How to Prepare for FTC Data Breach Investigations

On May 20, 2015, Federal Trade Commission Assistant Director Mark Eichorn of the Bureau of Consumer Protection’s Division of Privacy and Identity Protection (DPIP) offered an inside look into the FTC’s investigative process...more

Blue Pill/Red Pill: How Officers and Board Members Can Swallow the Red Pill and See the Real World of Cybersecurity

Trying to understand how a hacker thinks can twist your brain around – while you normally think about how to make something work or why something is not working, hackers think how to get something to work in ways that it is...more

Nevada Broadens Definition of Personal Information for Purpose of Encryption and Breach Notices

On May 13, Nevada passed a new law (A.B. 179) expanding the definition of “personal information” to include a natural person’s first name or initial and last name in combination with: 1) medical and health insurance...more

As Drones Hit the Sky, Lawsuits Predicted to Fly

The rise of Unmanned Aerial Vehicles (“UAV”), also known as drones, is well-documented. In fact, the global market for non-military drones has recently been estimated as a $2.5 billion industry that is growing at...more

Justice to Target Corporations and C-Suite Executives in the Healthcare Industry

On Thursday, May 14, 2015, at a meeting of the American Bar Association’s Healthcare Fraud Section, Leslie Caldwell, the Assistant Attorney General for the Department of Justice (DOJ) Criminal Division, declared stamping out...more

The DOJ’s New Cyber Security Best Practices — Creating a Standard of Care?

On April 29, 2015, the U.S. Department of Justice Computer Crime and Intellectual Property Section (“DOJ”) issued version 1.0 of its “Best Practices for Victim Response and Reporting of Cyber Incidents.” It draws on “lessons...more

Cybersecurity Oversight: What is a Board of Directors to Do?

Cybersecurity and the risks of data breaches figured prominently at the 35th Annual Ray Garrett Corporate and Securities Law Institute held April 30, 2015, at Northwestern Law School in Chicago. Participating in a panel...more

Head Of Criminal Division Speaks On Corporate Cooperation

Leslie Caldwell, head of the Justice Department’s Criminal Division, is, in her own words, “pounding the pavement on cooperation and transparency.” Speaking on Tuesday at the New York City Bar’s fourth annual White Collar...more

[Webinar] Compliance Agility: Managing Privacy in a Dynamic Environment - June 9, 1:00-2:00 pm Eastern

Privacy risk, legislation, and regulation is growing at an exponential rate. Organizations – themselves in constant states of change – are struggling to keep up and fearful because a single organizational change, be it...more

Need to Know: 10 Popular Cybersecurity Reads on JD Supra

Reading recap of ten popular Cybersecurity posts on JD Supra right now. It's complicated. ...more

The GC’s 30-Minute Breach Drill

A data breach requires you, the general counsel, to quickly assess the situation and be able to give a coherent initial report to your CEO. If you are well organized you should be able to prepare an effective CEO initial...more

Cybersecurity Risks and the SEC – You'll Need "Guidance"

The Securities and Exchange Commission ("SEC") is becoming increasingly concerned with cybersecurity risks to which investment advisers may be exposed. Consequently, it has recently issued guidance ("Guidance") as to actions...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

Economic Impact from a Company’s Data Breach – No Big Deal? Not So Fast!

Recent data breaches have prompted worries about economic damage to the infiltrated companies. Analyses in fact show minimal effects on stock prices or revenues of the hacked companies. But that may be only temporary comfort...more

From Drones to Cybersecurity Guidelines to Livestreaming ... Popular Reads on JD Supra This Week

ICYMI a look at back at this week's most popular reads on JD Supra....more

"SEC Issues Cybersecurity Guidance for Investment Companies and Advisers"

In April 2015, the Securities and Exchange Commission (the “SEC”) Division of Investment Management issued a guidance update (the “Update”) identifying cybersecurity of registered investment companies and registered...more

DOJ Issues New Cyber-Incident Preparedness and Response Guidance

The Department of Justice (DOJ) released new guidance on cyber preparedness and incident response last week, becoming the latest federal agency to do so in recent months. Newly sworn-in Attorney General, Loretta Lynch, has...more

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