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The Heartbleed Lesson for All Companies? Manage the Risk...

Threats to data privacy are not going away, but establishing appropriate security measures up-front, performing regular stress-tests on a security system, putting in place procedures to address a data breach and implementing...more

First Glance: Legal Implications of the Heartbleed OpenSSL Bug?

The vulnerability caused by the Heartbleed bug circumvents the purpose of OpenSSL: encryption. Therefore, the conclusion would appear to be that any data breach during the time of OpenSSL vulnerability would be reportable...more

California Attorney General Urges Companies to Be Prepared for Cyber Attacks and Security Breaches

Kamala Harris, California's Attorney General, issued a set of recommendations for preventing and responding to cyber attacks and security breaches. The recommendations, called Cybersecurity in the Golden State, are directed...more

The New Cybersecurity Framework—A Roadmap for All Companies

The recent string of well-publicized data breaches has demonstrated that cyber criminals are targeting companies of all sizes and in all industries. Even companies with the most sophisticated security systems admit that the...more

Nothing Personal: How to be Smart About Your BYOD Workplace Policy (And Why It Matters!)

You might think people are making more out of BYOD than it deserves, that it is a relatively benign issue. Alas, you’d be wrong....more

Health Update - Jan 27, 2014

Going Digital with Patients: Managing Potential Liability Risks of Patient-Generated Electronic Health Information - Patients are increasingly using new electronic tools, such as personal health records and mobile...more

And On The 12th Day Of Privacy, Something For Directors…..Mind The Gap!

On our last “day of Privacy”, we have a little extra (perhaps a lump of coal….) post: in 2014, cyber risk has been elevated to a board issue – read on and forward to your favorite company director! As we have discussed...more

EU Data Protection Reform – Interview with Susan Foster, Member, Mintz Levin [Video]

Attorney and Solicitor Susan Foster, Member of Mintz Levin's Corporate & Securities Practice, discusses the proposed changes to the EU’s data protection and privacy rules. ...more

Jason Maloni on Data Security [Video]

In this LEVICK Daily video interview, LEVICK Senior Vice President Jason Maloni discusses the key forensic and communications challenges that accompany instances of data loss and...more

Do Directors Face Potential Liability For Not Preventing Cyber Attacks?

In the past weeks, we’ve reported that while most companies are properly disclosing their exposure to cybersecurity threats, the increasing occurrence and severity of cyber attacks has the SEC considering even more stringent...more

Corporate governance also means protecting your technology and information

Not a day passes without news of a data breach or cyber-attack on a company’s operations or a nation’s critical information infrastructure. Indeed, data security and operational risk are the top two concerns of public company...more

Flaming Worms, Stuxnets et autres Cyber Menaces – La Réponse de l’Union Européenne

Les médias n’ont de cesse de se faire l’écho d’attaques de botnet à l’assaut de Spamhaus, de flaming worms voleurs d’informations stratégiques au Moyen-Orient ou des dommages causés par Stuxnet, l’arme fatale capable de...more

Unique Privacy Concerns for Mobile Apps [Video]

With the rise of BaaS (or Backend as a service) platforms, it is easier than ever to create a mobile app on the fly. But Fenwick privacy co-chair Tyler Newby advises that companies should be aware of some important privacy...more

Cloud Storage Providers Storing Protected Health Information May Be Obligated to Comply with HIPAA Regulations

A recently issued government rule may unknowingly create significant liability and legal risk for many technology enterprises. The expanded definition of "business associates" and related interpretations by the Department of...more

Cybersecurity Disclosure: A Panel Discussion with the SEC’s Division of Corporation Finance

Last week in Washington, D.C., this author had the opportunity to sit in on a panel discussion by the SEC’s Division of Corporation Finance (“CorpFin”) discussing, among other things, recent developments in cybersecurity...more

BYOD & The Board Of Directors — Part One: A Risk To Reckon With?

The information security concerns relating to employees using their own devices for work (such as smart phones, netbooks and laptops) are a hot topic. Although “bring your own device” or BYOD is here to stay, the practice of...more

Safeguards against Data Security Breaches (Part One) [Video]

With data security breaches dominating the headlines and a rising number of employees taking advantage of BYOD, or bring your own device to work policies, businesses have found themselves vulnerable to targets by hackers,...more

To the Nation’s Largest Banks: Thanks for Reading

It seems that some of the nation’s largest public company banks must be avid readers of this blog and have taken to heart our 2013 prediction that the SEC would require greater disclosure related to data security risks and...more

Levick Weekly - March 8, 2013: Corporate Humor; Context Is Key

In This Issue: - Corporate Humor Context is Key - Cyber Security - Technology’s Impact on Reputation - Blogs Worth Following - LEVICK In the News - Excerpt from Corporate Humor, Context is...more

Safeguards against Data Security Breaches (Part Two) [Video]

?Are you looking to guard your company's “secret sauce?” Fenwick’s Robert Brownstone says companies should safeguard their data by limiting the number of employees with access to certain confidential information. Following up...more

SEC v. Hackers: More Cybersecurity Enforcement On The Horizon?

Cybersecurity may be the SEC’s newest area for enforcement actions. While the SEC first released Disclosure Guidance concerning cybersecurity in 2011, the recent media attention surrounding significant cybersecurity breaches...more

High Anxiety: Five Basic Worries For Every Corporate Board

Life is full of anxieties. We all know that. Some suffer worse anxieties than others. As I often say, anxiety comes and goes. Anxiety cannot be measured but is something that everyone experiences on their own terms....more

Enterprise Data Security For The Securities Lawyer

Assuring cybersecurity has become a necessity for businesses across all industries. Cybercrime — with over $1 trillion in annual profits — is now the most lucrative illegal global business. Any business with computers and...more

HIPAA Final Omnibus Rule Brings “Sweeping Change” to Health Care Industry

On January 17, 2013, the U.S. Department of Health and Human Services (HHS) announced the release of the HIPAA final omnibus rule, which was years in the making. The final rule makes sweeping changes to the HIPAA compliance...more

One Week to Get Business Associate Agreements Executed Under HIPAA Omnibus Rule’s Grandfather Clause

On Jan. 17, 2013, the long-awaited HIPAA “Omnibus Rule” went on display at the Federal Register, finalizing changes to the HIPAA Privacy, Security, Breach Notification, and Enforcement Rules....more

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