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Privacy & Cybersecurity Newsletter: April 2016

What seems like a long time ago now, in 2011 PricewaterhouseCoopers (PwC) warned that “there is no question that law firms are among the companies being targeted by cyber criminals.” Despite this, many law firms believed (or...more

Phishing and Spoofing Scams — A Few Tips to Protect Yourself and Your Business

The phone rings. The caller ID says it’s your attorney’s office. When you answer, you are told you owe your attorney additional money and are directed to call a toll-free number. When you call the number, you are told how...more

Venture Capital Coast to Coast – April 2016

VC WATCH - The Venture Capital “Reset” – We Were Expecting You - Venture capital fundraising declined in 2015, with total money raised down more than 9 percent and a 13 percent decrease in the number of fund...more

Cybersecurity Advice to CEOs and Boards “Take more responsibility”!

The White House and its top security advisors are regularly advised about cyberintrusions and as a result the “time has come for CEOs and Boards to take personal responsibility for improving their companies’ cyber security”...more

Microsoft Sues Justice Department Claiming Statute That Authorizes “Gag Orders” Is Unconstitutional

Adding to the number of recent, high-profile confrontations between the government and tech companies concerning the limits of government investigations and the protection of privacy interests, last week, Microsoft filed a...more

Nebraska Amends Data Breach Notification Law

Last week, Nebraska Governor Pete Ricketts signed into law LB 835, which makes the following amendments to the state’s data breach notification statute: - Adds to the definition of “personal information” a user name or...more

Tennessee Amends Its Data Breach Notification Laws

Removes the Encryption Safe Harbor, Limits the Timing of Notice, and Expands “Unauthorized Persons” - Effective July 1, 2016, Tennessee becomes the first state to remove the encryption safe harbor from its data breach...more

Think You Have Insurance Against Claims for Disclosure of Confidential Information? You May Want to Check Again

Are you relying on your insurance policy to cover unauthorized or unintended electronic disclosure of confidential information? If so, you may want to take a closer look at your policy with an eye towards objections to...more

What You Need To Know About The FCA’s Business Plan For 2016/17

On 5 April 2016, the UK Financial Conduct Authority (FCA) published its Business Plan for 2016/17. The Business Plan sets out a roadmap for the FCA’s principal areas of focus over the coming year. Overall, there was...more

Revenge of the Dorks: Their Time Has Come and They Might be Malicious

A nerd. A dork. A geek. You’ve seen them. You know them. Maybe you are one of them. And you definitely know the type. In fact, it was way back in the 1980s when a group of bullied collegiate outcasts rose up to defeat an...more

Preparing Your Organization Today to Win Its Future (Possibly Inevitable) Cyber Lawsuit: Making Crown Jewels Out of Paper

One day in the not too distant future, your organization may be fighting to protect its balance sheet against high-stakes claims in a cyber tort trial. Arrayed against you will be the best of the class action plaintiff’s...more

Cybersecurity Claim Under CGL Policy Prevails Against Strong Insurance Industry Pushback, As Fourth Circuit Upholds Policyholder’s...

On April 11, 2016, the United States Court of Appeals for the Fourth Circuit made headlines by holding that a commercial general liability (“CGL”) policy covers the defense of a data breach-related class action lawsuit. In...more

New Tough and Harmonized Framework for EU Data Protection

On April 8, 2016, the Council of the EU adopted the final text of the General Data Protection Regulation (GDPR). On April 14, the EU Parliament approved the Council’s decision. Twenty days after its publication in the...more

Cybersecurity Claim Under CGL Policy Prevails Against Strong Insurance Industry Pushback, As Fourth Circuit Upholds Policyholder’s...

Action Item: In a digital age, where companies and individuals increasingly rely on the Internet in their personal and commercial activities, the Travelers Indem. Co. of Am. v. Portal Healthcare Solutions, LLC, No. 13-1944...more

Shielded but Not Covered – Privacy Demands Better Protection

Yesterday, the Article 29 Working Party took action which some found surprising and others predicted. It found the EU-U.S. Privacy Shield did not contain adequate protections and needs further improvement. While...more

It’s Not Just the Internet of Things Anymore

Last year, there were an estimated 16 billion devices connected to the Internet, and predictions say that the number will rise as high as 30 billion devices by 2020. The Internet of Things (IoT) has gained publicity (or...more

Privacy Shield Pierced? Article 29 Working Party Expresses Concern with Agreement

The Article 29 Working Party (The Working Party), which includes representative data protection authorities from each EU member country and the European Data Protection Supervisor, issued a 58-page opinion yesterday that...more

Cyber Attacks Continue to Grow and Evolve

Cyber criminals continue to prey on websites with unpatched vulnerabilities and ill-protected point of sale (POS) systems to steal credentials such as personal data, credit card numbers and bank account details. Common...more

WP 29 Expresses Concerns About EU-U.S. Privacy Shield

This April 13, the Article 29 Working Party (WP 29, which includes the EU national data protection authorities) expressed its concerns regarding the Privacy Shield during a press conference. The WP 29 will publish its...more

Now Required in UK: Register of People with Significant Control

Effective immediately, most UK companies, Societates Europaeae and UK Limited Liability Partnerships (LLPs) are required to maintain a register of People with Significant Control (“PSC Register”). Set out below is a brief...more

Why and How Your Business Should Protect Sensitive Customer Data

With the battle over data privacy between Apple and the Department of Justice at the forefront of the news cycle, business owners across the country are likely asking themselves: what responsibilities do I have in protecting...more

Is Data Really a “Toxic” Asset?

In his “Data Is a Toxic Asset” blog post, Bruce Schneier argues that data is a toxic asset and that the lesson all the recent data breaches are teaching us is that storing this asset is “dangerous,” because it makes companies...more

FDIC’s Corporate Governance Guidance Reinforces Board of Directors’ Role in Cybersecurity Preparedness

The Federal Deposit Insurance Corporation has long considered a community bank’s board of directors as one of the most important elements in the successful operation of a bank. Nearly thirty years ago, the FDIC issued its...more

Benefits of using thin and zero client’s vs desktop PC’s

What are “thin clients” and their close cousins “zero client devices”? You probably have a desktop computer or laptop computer at work and all the software you use is installed on that computer. Although your data is...more

Information Security and Privacy Group News: Cities and Towns Being Targeted by Hackers: Connecticut Municipalities Must Follow...

In the world of data breaches, John Chambers, CEO at Cisco, explained it best: "There are only two kinds of companies. Those that were hacked and those that don’t yet know they were hacked." With the ever increasing rate of...more

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